M.O. v. Hononegah Community High School District #207 et al
| Madison Oster and M. O. |
| Chad Dougherty, Hononegah Community High School District #207, Michael J. Dugan and Eric Flohr |
| 3:2018cv50260 |
| July 30, 2018 |
| US District Court for the Northern District of Illinois |
| Rockford Office |
| Cook |
| Iain D Johnston |
| Philip G Reinhard |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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Filing 64
ORDER CORRECTED ENTRY: ORDER Seconded Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance. Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020: Mailed notice...Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020:Mailed notice(docket7, )
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Filing 63
ORDER Seconded Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/23/2020: Mailed notice. (docket7, )
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Filing 62
ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice. (tg, )
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| Filing 61 MINUTE entry before the Honorable Iain D. Johnston: The motion for a continuance #59 is agreed and granted. The motion presentment set for 3/17/2020 is stricken. The telephonic status hearing previously set for 4/14/2020 is stricken and is reset to 3/31/2020 at 9:00 AM. By 3/27/2020 counsel shall provide direct-dial numbers for the hearing to the Court's operations specialist, who will initiate the call. (yxp, ) |
| Filing 60 NOTICE of Motion by Emily Plomgren Bothfeld for presentment of motion to reset #59 before Honorable Philip G. Reinhard on 3/17/2020 at 10:00 AM. (Bothfeld, Emily) |
| Filing 59 MOTION by Defendants Chad Dougherty, Michael J. Dugan, Eric Flohr, Hononegah Community High School District #207 to reset Defendants' Agreed Motion to Reset Status Hearing (Bothfeld, Emily) |
| Filing 58 MINUTE entry before the Honorable Iain D. Johnston: Status hearing held on 2/27/2020. The close of fact discovery remains set for 4/30/2020. The status hearing set in open court for 4/21/2020 is stricken. The telephonic status hearing is reset to 4/14/2020 at 9:00 AM. By 4/10/2020 counsel shall provide direct-dial numbers for the hearing to the Court's operations specialist, who will initiate the call. (yxp, ) |
| Filing 57 MINUTE entry before the Honorable Iain D. Johnston: Status hearing held on 12/19/2019 and continued to a telephonic status hearing set for 2/27/2020 at 9:00 AM. By 2/25/2020 counsel shall provide direct-dial numbers for the hearing to the Court's operations specialist, who will initiate the call. (yxp, ) |
| Filing 56 Defendants Hononegah Community Unit School District #207, Michael J. Dugan, Chad Dougherty and Eric Flohr's Answer and Affirmative Defenses to Plaintiff's Complaint ANSWER to Complaint by Chad Dougherty, Michael J. Dugan, Eric Flohr, Hononegah Community High School District #207(Bothfeld, Emily) |
| Filing 55 Defendants Hononegah Community High School District #207, Michael J. DUgan, Chad Dougherty and Eric Flohr's Answer and Affirmative Defenses to Plaintiff's Complaint ANSWER to Complaint by Chad Dougherty, Michael J. Dugan, Eric Flohr, Hononegah Community High School District #207(Bothfeld, Emily) |
| Filing 54 MINUTE entry before the Honorable Iain D. Johnston: The Court adopts the 4/30/2020 deadline for fact discovery that the parties sought in their proposed case management order. (yxp, ) |
| Filing 53 MINUTE entry before the Honorable Iain D. Johnston: Status hearing held on 10/29/2019 and continued to a telephonic status hearing set for 12/19/2019 at 1:30 PM. By 12/17/2019 counsel shall provide direct dial numbers to the Court's operations specialist who will initiate the call. (yxp, ) |
| Filing 52 MINUTE entry before the Honorable Iain D. Johnston: The parties' proposed case management order (Dkt. 50 at Ex. 1), was received, reviewed, and is adopted as modified: Rule 26(a)(1) disclosures were previously exchanged; 25 interrogatories and 25 requests to admit by each party to any other party; 5 depositions by the plaintiff and 4 by the defendant limited to 3 hours each, except for party depositions limited to 7 hours each; amended pleadings, new counts and parties, and third-party complaints by 3/15/2020; Rule 26(a)(2)(C) disclosures by 3/15/2020; Rule 26(e) supplements by 3/30/2020; experts not anticipated; and dispositive motions by 5/29/2020. In the absence of a different agreement, the Court adopts the default Rule 502 order in the proposed case management order. The Court is adopting the deadlines the parties have proposed. It therefore expects counsel to cooperate in meeting these deadlines, as opposed to the lack of cooperation in meeting the deadline for proposing an agreed case management order. The motion to file a proposed case management order without the plaintiff's input #46 and the motion to withdraw the motion to file the proposed case management order #50 are stricken as moot. Presentment of the motions set for 9/26/2019 are stricken, as is the telephonic status hearing set for that date. Telephonic status hearing is reset to 10/29/2019 at 1:30PM. By 10/25/2019 counsel shall provide direct-dial numbers for the hearing to the Court's operations specialist, who will initiate the call. Mailed notice (jp, ) Modified on 9/19/2019 (yxp, ). (Main Document 52 replaced on 9/19/2019) (yxp, ). |
| Filing 51 NOTICE of Motion by Emily Plomgren Bothfeld for presentment of motion to withdraw, #50 before Honorable Iain D. Johnston on 9/26/2019 at 10:00 AM. (Bothfeld, Emily) |
| Filing 50 MOTION by Defendants Chad Dougherty, Michael J. Dugan, Eric Flohr, Hononegah Community High School District #207 to withdraw motion for leave to file, #46 Defendants Motion to Withdraw Motion for Leave to file Proposed Case Managment ORder Absent Plaintiff's Agreement (Attachments: #1 Exhibit)(Bothfeld, Emily) |
| Filing 49 RESPONSE by M. O. to MOTION by Defendants Chad Dougherty, Michael J. Dugan, Eric Flohr, Hononegah Community High School District #207 for leave to file Defendants' Motion for Leave to File Proposed Case Managment Order Absent Plaintiff's Agreement #46 (Attachments: #1 Text of Proposed Order Proposed Case Management Order)(Sigale, David) |
| Filing 48 NOTICE of Motion by Emily Plomgren Bothfeld for presentment of motion for leave to file, #46 before Honorable Iain D. Johnston on 9/26/2019 at 10:00 AM. (Bothfeld, Emily) |
| Filing 47 Proposed Case Management Order by Chad Dougherty, Michael J. Dugan, Eric Flohr, Hononegah Community High School District #207 (Bothfeld, Emily) |
| Filing 46 MOTION by Defendants Chad Dougherty, Michael J. Dugan, Eric Flohr, Hononegah Community High School District #207 for leave to file Defendants' Motion for Leave to File Proposed Case Managment Order Absent Plaintiff's Agreement (Attachments: #1 Exhibit, #2 Exhibit)(Bothfeld, Emily) |
| Filing 45 MINUTE entry before the Honorable Iain D. Johnston: Status and settlement conference hearing held on 9/5/2019. A portion of this hearing is under seal and shall not be released without an order from this Court. Settlement conference ended. By 9/16/2019 the parties shall file a proposed case management order using the order form located on Judge Johnston's web page. Telephonic status hearing set for 9/26/2019 at 1:30 PM. By 9/24/2019 counsel shall provide direct-dial numbers to the Court's operations specialist, who will initiate the call. (yxp, ) |
| Filing 44 MINUTE entry before the Honorable Iain D. Johnston: Settlement conference held on 8/7/2019 and is adjourned. A telephonic status hearing is set for 9/5/2019 at 9:00 AM. By 9/3/2019 counsel shall provide direct-dial numbers to the Court's operations specialist, who will initiate the call. (yxp, ) |
| Filing 43 MINUTE entry before the Honorable Iain D. Johnston: By agreement of the parties, a settlement conference is set for 8/7/2019 at 10:00 AM. Parties shall refer to Judge Johnston's web page at www.ilnd.uscourts.gov and comply with the Standing Order on Settlement Conferences. Counsel, parties and persons with full settlement authority must personally appear per the Court's standing order. Failure to comply will result in sanctions. (yxp, ) |
| Filing 42 MINUTE entry before the Honorable Iain D. Johnston: Attorney Hasti Anderson's motion to withdraw #40 is granted because other attorneys from her former firm remain as counsel for the defendants. The clerk is directed to terminate the appearance of Ms. Anderson. Presentment of the motion set for 7/23/2019 is stricken. Mailed notice (jp, ) |
| Filing 41 NOTICE of Motion by Frank Bennett Garrett, III for presentment of motion to withdraw #40 before Honorable Iain D. Johnston on 7/23/2019 at 10:00 AM. (Garrett, Frank) |
| Filing 40 MOTION by Defendants Chad Dougherty, Michael J. Dugan, Eric Flohr, Hononegah Community High School District #207 to withdraw Counsel (Garrett, Frank) |
| Filing 39 MINUTE entry before the Honorable Iain D. Johnston: Status hearing held on 7/11/2019. The Court reserves 8/7/2019 at 10:00 AM and 8/5/2019 at 10:30 AM to hold a settlement conference. By 7/19/2019, counsel shall contact the Court's operations specialist with the agreed settlement conference date. (yxp, ) |
| Filing 38 ATTORNEY Appearance for Defendants Chad Dougherty, Michael J. Dugan, Eric Flohr, Hononegah Community High School District #207 by Emily Plomgren Bothfeld Appearance of Emily Bothfeld (Bothfeld, Emily) |
| Filing 37 MINUTE entry before the Honorable Iain D. Johnston: Status hearing held on 5/21/2019. Plaintiff's settlement demand letter due to the defendants with a copy to the Court by 6/11/2019. The defendants' settlement letter in response due to the plaintiff with a copy to the Court by 7/2/2019. Telephonic status hearing set for 7/11/2019 at 9:00 AM. By 7/9/2019, counsel shall provide direct-dial numbers to the Court's operations specialist, who will initiate the call. (yxp, ) |
| Filing 36 MEMORANDUM Opinion and Order: For the reasons stated below, defendants motion to dismiss #14 is granted in part and denied in part. The motion is granted as to the claims against the District and against Dugan, Flohr, and Dougherty in their official capacities and denied as to the individual capacity claims against Flohr and Dougherty. There is a presumption in favor of giving plaintiff at least one opportunity to amend a complaint that is dismissed. Runnion ex rel. Runnion v. Girl Scouts of Greater Chicago, 786 F.3d 510, 518 (7th Cir. 2015), and the court will afford plaintiff such an opportunity if plaintiff wishes to file one and can do so consistent with Fed. R. Civ. P. 11. The claims against the District are dismissed without prejudice. The official capacity claims are redundant and should not be included in any amended complaint. The parties are directed to contact the magistrate judge on or before June 7, 2019 to discuss settlement possibilities. If no settlement is reached, the magistrate judge will set a deadline for filing any amended complaint against the District. Signed by the Honorable Philip G. Reinhard on 5/15/2019:mailed notice(pg, ) |
| Filing 35 MINUTE entry before the Honorable Iain D. Johnston: Status hearing held on 4/9/2019 and continued to a telephonic status hearing set for 5/21/2019 at 2:00 PM. By 5/17/2019, counsel shall provide direct-dial numbers to the Court's operations specialist, who will initiate the call. (yxp, ) |
| Filing 34 MINUTE entry before the Honorable Iain D. Johnston: Status hearing held on 3/19/2019 and continued to a telephonic status hearing set for 4/9/2019 at 1:30 PM. By 4/5/2019, counsel shall provide direct-dial numbers to the Court's operations specialist, who will initiate the call. (yxp, ) |
| Filing 33 MINUTE entry before the Honorable Iain D. Johnston: Status hearing held on 2/12/2019. Plaintiff's demand due to the defendants by 2/26/2019. Telephonic status hearing set for 3/19/2019 at 9:00 AM. By 3/15/2019, counsel shall provide direct-dial numbers to the Court's operations specialist, who will initiate the call. (yxp, ) |
| Filing 32 REPLY by Defendants Chad Dougherty, Michael J. Dugan, Eric Flohr, Hononegah Community High School District #207 In Support of Their Motion to Dismiss Plaintiff's Complaint (Anderson, Hasti) |
| Filing 31 MINUTE entry before the Honorable Iain D. Johnston: Status hearing held on 12/20/2018. The reply to the defendants' motion to dismiss remains due by 1/7/2019. The plaintiff shall provide the defendants with an itemization of damages as discussed on the record by 1/7/2019. Telephonic status hearing set for 2/12/2019 at 9:00 AM. By 2/8/2019 counsel shall provide direct-dial numbers to the Court's operations specialist who will initiate the call. (yxp, ) |
| Filing 30 Agreed Confidentiality ORDER Signed by the Honorable Iain D. Johnston on 12/11/2018: (yxp, ) |
| Filing 29 Agreed FERPA and ISSRA ORDER Signed by the Honorable Iain D. Johnston on 12/11/2018: (yxp, ) |
| Filing 28 MINUTE entry before the Honorable Iain D. Johnston: The defendants' motion for a confidentiality order and an order under the Family Educational Rights and Privacy and the Illinois School Student Records Acts #25 is granted. The orders will issue separately. Presentment of the motion set for 12/20/2018 is stricken. (yxp, ) |
| Filing 27 Defendants Amended Notice of Motion NOTICE of Motion by Hasti Anderson for presentment of motion for protective order #25 before Honorable Iain D. Johnston on 12/20/2018 at 10:00 AM. (Anderson, Hasti) |
| Filing 26 NOTICE of Motion by Hasti Anderson for presentment of motion for protective order #25 before Honorable Iain D. Johnston on 12/10/2018 at 10:00 AM. (Anderson, Hasti) |
| Filing 25 MOTION by Defendants Chad Dougherty, Michael J. Dugan, Eric Flohr, Hononegah Community High School District #207 for protective order Defendants Unopposed Motion for Entry of Confidentiality Orders (Anderson, Hasti) |
| Filing 24 RESPONSE by M. O. to MOTION by Defendants Chad Dougherty, Michael J. Dugan, Hononegah Community High School District #207, Eric Flohr to dismiss Motion to Dismiss Plaintiff's Complaint #14 (Sigale, David) |
| Filing 23 MINUTE entry before the Honorable Iain D. Johnston: The plaintiff's motion for an extension of time and for leave to file an oversized brief #20 is granted conditioned on the plaintiff's compliance with Local Rule 7.1. The plaintiff shall file the oversized brief with table of contests and with the pages noted and a table of cases as a separately-docketed entry by 12/10/2018. The motion presentment set for 12/11/2018 is stricken. (yxp, ) |
| Filing 22 RESPONSE by Chad Dougherty, Michael J. Dugan, Eric Flohr, Hononegah Community High School District #207in Opposition to MOTION by Plaintiff M. O. to file instanter (Response to Motion to Dismiss)MOTION by Plaintiff M. O. for leave to file excess pages (Response to Motion to Dismiss) #20 Objection to Plaintiff's Motion for Leave to File Response to Defendant's Motion to Dismiss (Anderson, Hasti) |
| Filing 21 NOTICE of Motion by David G. Sigale for presentment of motion to file instanter,, motion for leave to file excess pages, #20 before Honorable Iain D. Johnston on 12/11/2018 at 10:00 AM. (Sigale, David) |
| Filing 20 MOTION by Plaintiff M. O. to file instanter (Response to Motion to Dismiss), MOTION by Plaintiff M. O. for leave to file excess pages (Response to Motion to Dismiss) (Attachments: #1 Exhibit Proposed Response to Motion to Dismiss)(Sigale, David) |
| Filing 19 MINUTE entry before the Honorable Iain D. Johnston: Status hearing held on 10/18/2018. The parties shall exchange Rule 26(a)(1) initial disclosures by 11/30/2018. Briefing on the motion to dismiss #14 set as follows: Response due by 12/3/2018 and reply due by 1/7/2019. Telephonic status hearing set for 12/20/2018 at 9:00 AM. By 12/18/2018 counsel shall review the Court's standing order on telephonic status hearings and provide direct-dial numbers to the Court's operations specialist who will initiate the call. (yxp, ) |
| Filing 18 STATUS Report Joint Initial Status Report by Chad Dougherty, Michael J. Dugan, Eric Flohr, Hononegah Community High School District #207 (Garrett, Frank) |
| Filing 17 MINUTE entry before the Honorable Iain D. Johnston: The initial status hearing previously set for 10/18/2018 at 9:00 AM and the presentment of the defendants' motion to dismiss #14 previously set for 10/2/2018 are stricken and are reset to 10/18/2018 at 1:30 PM. At the initial status hearing on 10/18/2018 at 1:30 PM the following parties shall be present in person: M.O., Jeremy Oster, Michael Dugan, Chad Dougherty, and Eric Flohr. Additionally, lead counsel with full knowledge of the case must appear in person. The joint initial status report remains due 10/11/2018. (yxp, ) |
| Filing 16 Notice of Motion NOTICE of Motion by Hasti Anderson for presentment of motion to dismiss #14 before Honorable Iain D. Johnston on 10/2/2018 at 10:00 AM. (Anderson, Hasti) |
| Filing 15 MEMORANDUM by Chad Dougherty, Michael J. Dugan, Eric Flohr, Hononegah Community High School District #207 in support of motion to dismiss #14 Memorandum in Support of Defendants Motoin to Dismiss Plaintiff's Complaint (Anderson, Hasti) |
| Filing 14 MOTION by Defendants Chad Dougherty, Michael J. Dugan, Hononegah Community High School District #207, Eric Flohr to dismiss Motion to Dismiss Plaintiff's Complaint (Anderson, Hasti) |
| Filing 13 MINUTE entry before the Honorable Iain D. Johnston: At the initial status hearing on 10/18/2018 at 9:00 AM the following parties shall be present in person: M.O., Jeremy Oster, Michael Dugan, Chad Dougherty, and Eric Flohr. Additionally, lead counsel with full knowledge of the case must appear in person. The joint initial status report remains due 10/11/2018. (yxp, ) |
| Filing 12 MINUTE entry before the Honorable Iain D. Johnston: The defendants' motion for a continuance #10 is unopposed and granted. The initial status hearing previously set for 9/27/2018 is stricken and is reset to 10/18/2018 at 9:00AM.. The joint initial written status report is now due 10/11/2018. Presentment of the motion set for 9/6/2018 is stricken. Mailed notice (jp, ) |
| Filing 11 NOTICE of Motion by Frank Bennett Garrett, III for presentment of motion to continue #10 before Honorable Iain D. Johnston on 9/6/2018 at 10:00 AM. (Garrett, Frank) |
| Filing 10 MOTION by Defendants Chad Dougherty, Michael J. Dugan, Eric Flohr, Hononegah Community High School District #207 to continue Initial Status Hearing and Joint Initial Status Report (Unopposed) (Garrett, Frank) |
| Filing 9 MINUTE entry before the Honorable Iain D. Johnston: The defendants' motion for an extension of time #8 is agreed and granted. The defendants' answer is now due 9/24/2018. The Court notes that the complaint gives the full name of a minor in violation of Fed. R. Civ. P. 5.2. Dkt. 1. Her full name is repeated in every docket entry. See Dkts. 2 - 8. The clerk is directed to provisionally seal Dkts. 1 - 8, to substitute the minor's initials of M.O. on the docket, and to redact the minor's names from Dkts. 3, 4 and 7. By 8/30/2018 counsel shall provide copies of the remaining filings to the Court's operations specialist with the minor identified only by her initials as required by Fed. R. Civ. P. 5.2(a)(3). The clerk will then substitute the redacted filings for the originals, and lift the seals. (yxp, ) |
| Filing 8 MOTION by Defendants Chad Dougherty, Michael J. Dugan, Eric Flohr, Hononegah Community High School District #207 for extension of time to file answer Agreed Motion for Extension of time for Defendants to Answer or Otherwise Plead (Garrett, Frank) |
| Filing 7 Western Division ADR Notification (jp, ) (Main Document 7 replaced on 8/23/2018) (yxp, ). |
| Filing 6 ATTORNEY Appearance for Defendants Chad Dougherty, Michael J. Dugan, Eric Flohr, Hononegah Community High School District #207 by Hasti Anderson (Anderson, Hasti) |
| Filing 5 ATTORNEY Appearance for Defendants Chad Dougherty, Michael J. Dugan, Eric Flohr, Hononegah Community High School District #207 by Frank Bennett Garrett, III (Garrett, Frank) |
| Filing 4 MINUTE entry before the Honorable Iain D. Johnston: The initial status hearing set for 9/20/2018 is stricken and reset to 9/27/2018 at 9:00 AM. The joint initial status report is now due by 9/21/2018. Lead counsel with full knowledge of the case must appear in person at the initial status hearing. Plaintiff is directed to notify any party filing an appearance to the entry of this order. (yxp, ) |
| Filing 3 MINUTE entry before the Honorable Iain D. Johnston: Initial status hearing set for 9/20/2018 at 9:00 AM. By 9/14/2018, the parties shall jointly complete the PDF fillable initial status report form found on the Court's webpage under Initial Status Conferences and Reports. Lead counsel with full knowledge of the case must appear in person at the initial status hearing. Plaintiff is directed to notify any party filing an appearance to the entry of this order. (yxp, ) |
| SUMMONS Issued as to Defendants Chad Dougherty, Michael J. Dugan, Eric Flohr, Hononegah Community High School District #207 (yt) |
| Filing 2 ATTORNEY Appearance for Plaintiff Madison Oster by David G. Sigale (Sigale, David) |
| Filing 1 COMPLAINT filed by Madison Oster; Filing fee $ 400, receipt number 0752-14759385. (Attachments: #1 Civil Cover Sheet)(Sigale, David) |
| CASE ASSIGNED to the Honorable Philip G. Reinhard and Honorable Iain D. Johnston. Designated as Magistrate Judge the Honorable Iain D. Johnston. (jp, ) |
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