Hermon v. Chicago Park District et al
| Nicole Hermon |
| Chicago Park District, Chicago Housing Authority and Chicago Public Schools |
| 1:2025cv12706 |
| October 17, 2025 |
| U.S. District Court for the Northern District of Illinois |
| Sunil R Harjani |
| Maria Valdez |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 12101 Americans with Disabilities Act |
| Defendant |
Docket Report
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This docket was last retrieved on April 8, 2026. A more recent docket listing may be available from PACER.
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| Filing 36 MINUTE entry before the Honorable Sunil R. Harjani: MOTION by Yasemine C. Givan to withdraw as attorney for Chicago Public Schools #35 is granted. Mailed notice (lxs, ) |
| Filing 35 MOTION by Attorney Yasemine C. Givan to withdraw as attorney for Chicago Public Schools. No party information provided Presented before District Judge (Givan, Yasemine) |
| Filing 34 MINUTE entry before the Honorable Sunil R. Harjani: Upon review of the docket, tracking status previously set for 3/4/2026 is stricken. Mailed notice (lxs, ) |
| Filing 33 ANSWER to amended complaint Defendant Board's Answer, Affirmative Defenses, and Jury Demand in Response to Plaintiff's Complaint by Chicago Public Schools(Givan, Yasemine) |
| Filing 32 Chicago Park District's Answer to Plaintiff's First Amended Complaint ANSWER to Complaint by Chicago Park District(Staley, Nicholas) |
| Filing 31 RECEIVED AMENDED complaint by Nicole Hermon against Chicago Housing Authority, Chicago Park District, Chicago Public Schools. (rc, ) |
| Filing 30 MINUTE entry before the Honorable Sunil R. Harjani:Defendant CPS's motion to dismiss #10 is granted in part and denied in part. Although a plaintiff need not provide detailed allegations to fend off a motion to dismiss, the "allegations must be enough to raise a right to relief above the speculative level" and "state a claim to relief that is plausible on its face." Bell Atl. v. Twombly, 550 U.S. 544, 555, 570 (2007). In order to recover compensatory damages under the ADA or Rehabilitation Act, a plaintiff must allege intentional discrimination, which can be established by a showing of deliberate indifference. Lacy v. Cook Cnty., 897 F.3d. 847, 863 (7th Cir. 2018). Deliberate indifference is shown when the defendant: (1) knew that a harm to a federally protected right was substantially likely, and (2) failed to act on that likelihood. Id. at 862. A plaintiff can satisfy the knowledge element by showing that she alerted the "public entity to her need for accommodation or that the need for accommodation is obvious or required by statute or regulation." Reyes v. Dart, 2019 WL 1897096, *9 (N.D. Ill. Apr. 29, 2019). Defendant CPS has only argued that Plaintiff failed to allege that it had notice of the accessibility violation. This is correct. Plaintiff makes numerous allegations against the Chicago Park District and the Chicago Housing Authority that they were on notice and were deliberately indifferent, but says nothing about CPS. See Compl, para. 33-36. As a result, Plaintiff's claim for compensatory damages cannot survive, as no plausible claim has been made by Plaintiff's silence. Any other argument in CPS's motion to dismiss, which consists of three pages that primarily cite the elements of the claim with little legal analysis, is waived as perfunctory and undeveloped. Rock Hemp Corp. v. Dunn, 51 F.4th 693, 704 (7th Cir. 2022). And regardless, Plaintiff has adequately alleged that she is a qualified individual with a disability, that she experienced the lack of access at the park and its facilities, that the structural barriers violate the ADA and Rehabilitation Act, and that CPS jointly operates those facilities. Thus, Plaintiff has adequately stated a claim for declaratory or injunctive relief at this stage, when (1) taking the allegations as true, (2) viewing all inferences in Plaintiff's favor, and (3) liberally construing the pro se complaint. The dismissal is without prejudice to Plaintiff's right to replead by 2/11/206. If no amended complaint is received, then the dismissal converts to with prejudice and Defendant shall answer the Compliant by 2/25/2026. Given that the Court has resolved the motion to dismiss, the motion to stay discovery #29 is denied as moot. Tracking status is set for 3/4/2026 at 9:15 a.m. Mailed notice (lxs, ) |
| Filing 29 MOTION by Defendant Chicago Public Schools to stay Unopposed Board's Motion to Stay Fact Discovery Presented before District Judge (Givan, Yasemine) |
| Filing 28 REPLY by Defendant Chicago Public Schools to Motion to Dismiss for Failure to State a Claim #10 Board's Reply in support of Motion to Dismiss Plaintiff's Complaint (Givan, Yasemine) |
| Filing 27 MINUTE entry before the Honorable Maria Valdez: This case has been referred to Judge Valdez for discovery supervision and to conduct a settlement conference. The parties are expected to proceed expeditiously to complete discovery by the deadline. There will be no extensions absent good cause under Fed. R. Civ. P. 16(b)(4), which requires diligence on the movant's part. See Alioto v. Town of Lisbon, 651 F.3d 715, 720 (7th Cir. 2011). The Court generally does not consider obligations in other cases, vacations, holidays, illnesses, or difficulty scheduling depositions to demonstrate good cause, as there is more than enough time to complete discovery even if those expected complications arise. A joint status report describing discovery progress and the prospects of settlement is due by 4/17/26. If the parties wish to begin the process of scheduling a settlement conference at any time prior to that date, they should notify the Court. Mailed notice. (kp, ) |
| Filing 26 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Maria Valdez for the purpose of holding proceedings related to: discovery supervision (including adjusting all deadlines as needed), resolution of discovery motions, and settlement discussions. (lxs, )Mailed notice. |
| Filing 25 MINUTE entry before the Honorable Sunil R. Harjani: In light of the case reassignment order 23 , the Court sets the following schedule: (1) Rule 26(a)(1) initial disclosures to be provided by 2/11/206; (2) Amendments of pleadings or joinder of other parties by 3/31/2026; (3) Written discovery requests to be issued by 2/27/2026; (4) Notices of depositions with agreed upon dates to be issued by 4/10/2026; (5) Rule 45 subpoenas to be issued by 4/10/2026; and (6) Fact discovery must be completed by 6/30/2026. No summary judgment motion may be filed until an in-person status conference has been held with the Court. With respect to any anticipated motion for summary judgment, the Court requires the moving party to file a status report addressing the applicable law and explaining in detail why there are no genuine issues of material fact and why the moving party is entitled to judgment as a matter of law. The moving party shall file the status report one week in advance of the in-person status conference. This case is referred to the Magistrate Judge for discovery supervision (including adjusting all deadlines as needed), resolution of discovery motions, and settlement discussions. An in-person status hearing is set for 7/7/2026 at 9:30 a.m. in Courtroom 1925. Mailed notice (lxs, ) |
| Filing 24 MINUTE entry before the Honorable Robert W. Gettleman: Case reassigned to the Honorable Sunil R. Harjani for all further proceedings pursuant to 28 USC 294(b). Mailed notice. (Attachments: #1 Request for Reassignment) (lw, ) |
| Filing 22 MINUTE entry before the Honorable Robert W. Gettleman: Telephone status hearing held with no appearance by plaintiff. The case will be stayed until it is reassigned to another judge. Mailed notice (ags) |
| Filing 21 STATUS Report Parties' Joint Status Report by Chicago Park District (Staley, Nicholas) |
| Filing 20 ANNUAL REMINDER: Pursuant to #Local Rule 3.2 (Notification of Affiliates)#, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this #LINK# will provide additional information. Signed by the Honorable Virginia M. Kendall on 12/31/2025: Mailed notice. (tg, ) |
| Filing 19 MINUTE entry before the Honorable Robert W. Gettleman: Plaintiff and defendants Chicago Park District and Chicago Housing Authority are directed to file a Joint Status Report on this court's form by 1/5/2026. The court sets the following briefing schedule on defendant Chicago Public School's motion to dismiss #10 : plaintiff's response due 1/6/2026; defendant's reply due 1/20/2026. The court will issue its ruling on CM/ECF. Emailed notice (Attachments: #1 Joint Status Report Form) (cn). |
| Filing 18 Chicago Park District's ANSWER to Complaint by Chicago Park District(Staley, Nicholas) |
| Filing 17 ANSWER to Complaint by Chicago Housing Authority(Harrington, Ryan) |
| Filing 16 AFFIDAVIT of Service filed by Plaintiff Nicole Hermon served on Chicago Housing Authority,Chicago Public Schools,Chicago Park District on 10/21/25 (Attachments: #1 Affidavit, #2 Affidavit, #3 Affidavit) (Received via Intake counter 11/21/25)(nsf, ) |
| Filing 15 MEMORANDUM by Nicole Hermon in opposition to Chicago Public Schools' motion to dismiss #10 . (Received at the Intake Counter on 11/17/2025) (rc, ) |
| Filing 14 MINUTE entry before the Honorable Robert W. Gettleman: Defendant Chicago Park District's Unopposed Motion For Extension Of Time To 12/12/2025, To Answer Or Otherwise Plead #12 and Defendant Chicago Housing Authority's Motion To Extend time to 12/12/2025 #13 to file a responsive pleading are granted. Emailed notice (cn). |
| Filing 13 MOTION by Defendant Chicago Housing Authority for extension of time (Harrington, Ryan) |
| Filing 12 MOTION by Defendant Chicago Park District for extension of time to file answer or otherwise plead (unopposed Motion) (Staley, Nicholas) |
| Filing 11 ATTORNEY Appearance for Defendant Chicago Park District by Nicholas Scott Staley (Staley, Nicholas) |
| Filing 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Chicago Public Schools Defendant Board's Motion to Dismiss Counts I & II of Plaintiff's Complaint (Givan, Yasemine) |
| Filing 9 ATTORNEY Appearance for Defendant Chicago Public Schools by Nicole Catherine Augustyn (Augustyn, Nicole) |
| Filing 8 ATTORNEY Appearance for Defendant Chicago Public Schools by Yasemine Christine Givan (Givan, Yasemine) |
| Filing 7 ATTORNEY Appearance for Defendant Chicago Housing Authority by Ryan James Harrington (Harrington, Ryan) |
| Filing 6 MINUTE entry before the Honorable Robert W. Gettleman: Telephonic hearing set for 1/15/2026 at 9:15 a.m. To join the telephone conference, dial (650) 479-3207, Access Code 1809 88 3385. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. Please be sure to keep your phone on mute when you are not speaking. Counsel of record and other essential case participants will receive an email prior to the start of the hearing with instructions to join the hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Emailed notice (cn). |
| Filing 5 SUMMONS Issued (Court Participant) as to Defendants Chicago Housing Authority, Chicago Park District, Chicago Public Schools (qrtr, ) |
| Filing 3 PRO SE Appearance by Plaintiff Nicole Hermon. (Received at the Intake Counter on 10/17/2025.) (qrtr, ) |
| Filing 2 CIVIL Cover Sheet (Received at the Intake Counter on 10/17/2025.) (qrtr, ) |
| Filing 1 COMPLAINT filed by Nicole Hermon; (Exhibits) (Received at the Intake Counter on 10/17/2025.)(qrtr, ) |
| CASE ASSIGNED to the Honorable Robert W. Gettleman. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (Civil Category 2). (qrtr, ) |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (qrtr, ) |
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