Williams v. City of Chicago et al
| Michael Williams |
| City of Chicago, Nicholas Evangelides, Dale Potter, Scott Reiff, Brian Roney and Marc Lapadula |
| 1:2024cv01396 |
| February 16, 2024 |
| US District Court for the Northern District of Illinois |
| Lindsay C Jenkins |
| Young B Kim |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Federal Question |
| Both |
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| Filing 41 TRANSCRIPT OF PROCEEDINGS held on 02/22/24 before the Honorable Young B. Kim. Order Number: 48167. Court Reporter Contact Information: Patrick Mullen, (312) 435-5565, patrick_mullen@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 5/3/2024. Redacted Transcript Deadline set for 5/13/2024. Release of Transcript Restriction set for 7/11/2024. (Mullen, Patrick) |
| Filing 40 TRANSCRIPT OF PROCEEDINGS held on 03/05/2024, Hearing, before the Honorable Young B. Kim. Order Number: 48297. Court Reporter Contact Information: Colleen_Conway@ilnd.uscourts.gov or 312.435.5594. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 4/17/2024. Redacted Transcript Deadline set for 4/29/2024. Release of Transcript Restriction set for 6/25/2024. (Conway, Colleen) |
| Filing 39 NOTICE by Avi T. Kamionski of Change of Address (Kamionski, Avi) |
| Filing 38 MINUTE entry before the Honorable Young B. Kim: Discovery hearing held and continued to April 30, 2024, at 1:00 p.m. in courtroom 1019. The court discussed with the parties Plaintiff's issues with Defendant City of Chicago's objections to his Monell Interrogatory ("INT") No. 1 and Monell Request to Produce ("RTP") Nos. 4 and 7. For the reasons stated in open court, the court overrules the City's objections to INT No. 1 to the extent that the City is ordered to identify the individuals providing substantive information for purposes of answering Plaintiff's INTs. As for RTP No. 4, as amended, the court overrules the City's objections to the extent that the City is ordered to produce documents discussing ShotSpotter alerts' limitations (e.g., alerts do not show the exact location of shots fired or identify the individuals causing the alerts). As for RTP No. 7, as amended, the objections are overruled to the extent that the City is ordered to produce responsive non-attorney-client privileged documents and communications (if the City withholds documents based on other privileges, it must produce a privilege log). The City is ordered to email a draft ESI protocol (may be included in the draft ESI protocol to be emailed in connection with Case No. 22 CV 3773) to Plaintiff by April 5, 2024. Plaintiff to comment on the draft by April 19, 2024. Parties are to email the court, by April 26, 2024, the most recent working draft of the ESI protocol with proposed terms still in dispute identified. Mailed notice (ec) |
| Filing 37 THIRD AMENDED complaint by Michael Williams against City of Chicago, Nicholas Evangelides, Marc Lapadula, Dale Potter, Scott Reiff, Brian Roney (Manes, Jonathan) |
| Filing 36 NOTICE by Shneur Z. Nathan of Change of Address (Nathan, Shneur) |
| Filing 35 NOTICE by Ashley Brody of Change of Address (Brody, Ashley) |
| Filing 34 NOTICE by Helen Catherine O'Shaughnessy of Change of Address (CORRECTED) (O'Shaughnessy, Helen) |
| Filing 33 NOTICE by Neha Sharma Locke of Change of Address (CORRECTED) (Locke, Neha) |
| Filing 32 NOTICE by Helen Catherine O'Shaughnessy of Change of Address (O'Shaughnessy, Helen) |
| Filing 31 NOTICE by Neha Sharma Locke of Change of Address (Locke, Neha) |
| Filing 30 MINUTE entry before the Honorable Young B. Kim: In light of the joint status report (R. 29), the parties are to complete the deposition of Assistant State's Attorney Patrick Waller on March 21, 2024. Parties may not change this schedule without good cause and leave of court. The status hearing scheduled for tomorrow at 12:30 p.m. is cancelled. Mailed notice (ec) |
| Filing 29 STATUS Report JOINT STATUS REPORT REGARDING THE DEPOSITION OF ASA PATRICK WALLER by Nicholas Evangelides, Marc Lapadula, Dale Potter, Scott Reiff, Brian Roney Presented before Magistrate Judge (Locke, Neha) |
| Filing 28 MINUTE entry before the Honorable Lindsay C. Jenkins: The agreed motion to file amended pleadings #27 is granted. Plaintiff shall file a third amended complaint by or before March 15, 2024 and Defendants' answers are due by April 22, 2024. Mailed notice. (jlj, ) |
| Filing 27 MOTION by Plaintiff Michael WilliamsFOR AN AGREED SCHEDULE TO FILE AMENDED PLEADINGS JOINT Presented before District Judge (Attachments: #1 Exhibit A)(Mazur, Elizabeth) |
| Filing 26 MINUTE entry before the Honorable Young B. Kim: Discovery hearing is scheduled for March 18, 2024, at 11:00 a.m. by phone. The conference call number for the discovery hearing is (877) 336-1839 and the passcode is 4333213. The purpose of this hearing is to discuss the City's objections to Plaintiff's Monell Document Request Nos. 4 and 7 and Interrogatory No. 1.Mailed notice (ec ) |
| Filing 25 MINUTE entry before the Honorable Young B. Kim: Individual Defendants' ("Defendants") motion for leave to serve subpoena #21 is denied. Appearance on March 7, 2024, is not required to present this motion. However, Defendants are granted leave to file, by March 19, 2024, their motion to compel CCSAO to produce additional documents responsive to their February 2023 subpoena, if CCSAO declines to supplement its earlier production. The motion should be noticed for presentment on March 26, 2024, at 10:00 a.m. by phone, and the notice of motion must include the call number (877) 336-1839 and the passcode 4333213. Mailed notice (ec) |
| Filing 24 MINUTE entry before the Honorable Young B. Kim: Parties' joint motion for leave to depose Assistant State's Attorney Patrick Waller after March 1, 2024 #19 is granted. Parties are to file a status report by March 11, 2024, advising the court of the confirmed date for Waller's deposition. This deposition must be completed by April 5, 2024. If the parties are unable to confirm a date, they are to appear for a status hearing on March 12, 2024, at 12:30 p.m. by phone. Attorney John Coyne and Waller are also ordered to appear for this status hearing. The conference call number for the status hearing is (877) 336-1839 and the passcode is 4333213. Defendants are ordered to email a copy of this order to Attorney Coyne by March 6, 2024. The court directs the clerk's office to also email a copy of this order to Coyne (jcc@johnccoynelaw.com). (ec) |
| Filing 23 AMENDED NOTICE of Motion by Neha Sharma Locke for presentment of motion for miscellaneous relief, #21 , motion for miscellaneous relief, #19 before Honorable Young B. Kim on 3/7/2024 at 11:00 AM. (Locke, Neha) |
| Filing 22 NOTICE of Motion by Neha Sharma Locke for presentment of (Locke, Neha) |
| Filing 21 MOTION by Defendants Nicholas Evangelides, Marc Lapadula, Dale Potter, Scott Reiff, Brian Roney INDIVIDUAL DEFENDANTS' MOTION FOR LEAVE TO SERVE LIMITED SUBPOENA FOR DOCUMENTS TO CCSAO OR FOR ALTERNATIVE RELIEF Presented before Magistrate Judge (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Locke, Neha) |
| Filing 20 NOTICE of Motion by Neha Sharma Locke for presentment of motion for miscellaneous relief, #19 before Honorable Young B. Kim on 3/1/2024 at 11:00 AM. (Locke, Neha) |
| Filing 19 MOTION by Defendants Nicholas Evangelides, Marc Lapadula, Dale Potter, Scott Reiff, Brian RoneyCOMPLETE DEPOSITION OF ASA PATRICK WALLER OUTSIDE THE CLOSE OF FACT DISCOVERY Presented before Magistrate Judge (Attachments: #1 Exhibit EX A - E-mails Requesting Deposition Dates, #2 Exhibit EX B - E-mail Correspondence 2/26-2/27/2024)(Locke, Neha) |
| Filing 18 MINUTE entry before the Honorable Young B. Kim: The court's earlier order (R. 17) is corrected to the extent that the court cancels tomorrow's motion hearing. Mailed notice (Kim, Young) |
| Filing 17 MINUTE entry before the Honorable Young B. Kim: Plaintiff's motion to depose Detective Jorge Lopez #14 is denied without prejudice. The motion hearing scheduled for today is cancelled. Plaintiff fails to show in his motion that Lopez's testimony would include anything of value that is proportional to the needs of this case. Lopez was not involved in the initial investigation into or the decisions to prosecute Plaintiff for the murder of Safarian Herring. His only role to date is to take Ricky Patterson's statement about what he saw and heard three years ago. For that reason, the court finds that Lopez is not in a position to offer any facts that may be relevant to the claims or defenses in this case, other than testimony to lay the foundation for the notes he prepared. That said, if Defendants offer Lopez's testimony, either in an affidavit or declaration, or identifies him as a trial witness, Plaintiff may refile his motion for leave to depose Lopez at a later time. Mailed notice (Kim, Young) |
| Filing 16 MINUTE entry before the Honorable Young B. Kim: Plaintiff's motion for leave to depose #14 will be heard as scheduled on March 1, 2024, but at 10:45 a.m. by phone. Parties are to use the same call-in information. Mailed notice (ec) |
| Filing 15 NOTICE of Motion by Elizabeth N. Mazur for presentment of motion for miscellaneous relief #14 before Honorable Young B. Kim on 3/1/2024 at 11:00 AM. (Mazur, Elizabeth) |
| Filing 14 MOTION by Plaintiff Michael Williams FOR LEAVE TO DEPOSE DETECTIVE JORGE LOPEZ Presented before Magistrate Judge (Attachments: #1 Exhibit A)(Mazur, Elizabeth) |
| Filing 13 MINUTE entry before the Honorable Young B. Kim: Motion hearing held by phone. For the reasons stated on the record, Defendant City's motion to stay depositions #6 is denied and Plaintiff's motion for leave to file a document under seal #8 is granted. Document No. 9 may remain under seal until further order of the court. Mailed notice (ec) |
| Filing 11 MINUTE entry before the Honorable Lindsay C. Jenkins:The order entered 2/21/2024 #5 is amended. The Clerk is directed to docket the Individual Defendants' Answer to the Second Amended Complaint at 234 from Case No. 22-cv-3773 in the instant case. Defendant City of Chicago's Answer to the relevant allegations of the Second Amended Complaint as to Plaintiff Williams is due by March 13, 2024. Mailed notice. (jlj, ) |
| Filing 10 MINUTE entry before the Honorable Young B. Kim: Defendant City's motion for a stay of depositions #6 and Plaintiff's motion for leave to file under seal #8 ---filed yesterday at 5:51 p.m. and 8:12 p.m. respectively---are both entered and continued. The motion hearing scheduled for today at 11:00 a.m. will take place by phone. The conference call number for the hearing is (877) 336-1839 and the passcode is 4333213. The court will either be prepared to address the motions or reschedule the hearing to take place later this afternoon. Mailed notice (Kim, Young) |
| Filing 12 ANSWER to second amended complaint by Nicholas Evangelides, Marc Lapadula, Dale Potter, Scott Reiff, Brian Roney.(jb, ) |
| Filing 9 SEALED DOCUMENT by Plaintiff Michael Williams (NK DEFS 245-256) (Mazur, Elizabeth) |
| Filing 8 MOTION by Plaintiff Michael Williams for leave to file a document (NK DEFS 245-256) under seal and to address the Court about the documents Presented before Magistrate Judge (Mazur, Elizabeth) |
| Filing 7 EMERGENCY NOTICE of Motion by Michael P. Sheehan for presentment of motion for miscellaneous relief #6 before Honorable Young B. Kim on 2/22/2024 at 11:00 AM. (Sheehan, Michael) |
| Filing 6 MOTION by Defendant City of Chicago Emergency Motion for a Temporary Stay of Certain Depositions Presented before Magistrate Judge (Attachments: #1 Exhibit A, #2 Exhibit B)(Sheehan, Michael) |
| Filing 5 MINUTE entry before the Honorable Lindsay C. Jenkins: The Clerk is directed to docket the Individual Defendants' Answer to the Second Amended Complaint at 234 from Case No. 22-cv-3773 as Docket Entry Number 6 in the instant case. Defendant City of Chicago's Answer to the relevant allegations of the Second Amended Complaint as to Plaintiff Williams is due by March 13, 2024. Mailed notice. (jlj, ) |
| Filing 4 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Young B. Kim for the purpose of holding proceedings related to: discovery supervision, scheduling of all discovery motions and discovery disputes, including requests for entry of any protective orders and settlement proceedings or conferences. Mailed notice.(jlj, ) |
| Filing 3 MINUTE entry before the Honorable Lindsay C. Jenkins: This case will be referred to Magistrate Judge Kim for discovery supervision and scheduling and all discovery motions and discovery disputes, including requests for and entry of any protective orders. The matter is also referred to Judge Kim for any settlement proceedings or conferences. Mailed notice. (jlj, ) |
| Filing 2 SECOND AMENDED complaint by Michael Williams. (jh, ) |
Filing 1
ORDER: Consistent with the Court's February 16, 2024 order severing Counts Four, Five, Six, Seven, Eight, Nine, Ten Eleven and Twelve, the Clerk of Court is directed to open a new civil action. The Clerk shall title the action (1) Michael Williams v. City of Chicago, and shall also list the following individuals as Defendants: Detective Nicholas Evangelides (#20526), Detective Dale Potter, Jr.. (#21649), Detective Scott Reiff (#20847), Sergeant Brian Roney (#2241), and Detective Marc LaPadula. The Clerk shall transfer attorney appearances for Plaintiff and the named Defendants. The Clerk shall assign the cases directly to Judge Jenkins as presiding judge and Magistrate Judge Kim as designated magistrate judge. The Clerk is further directed to docket under the new case number: (1) this Order as Docket Entry Number 1, and (2) the Second Amended Complaint at 214 from Case No. 22-cv-3773 as Docket Entry Number 2; and (3), enter a referral for discovery supervision and scheduling and all discovery motions and discovery disputes, including requests for and entry of any protective orders, to Judge Kim. The matter is also referred to Judge Kim for any settlement proceedings or conferences. Mailed notice. (jlj, ) Signed by the Honorable Lindsay C. Jenkins on 2/16/2024. (jh, )
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