| Court: | ilnd |
| Docket #: | 1:11-cv-05118 |
| Case Name: | Rodgers v. Sheriff et al |
| PACER case #: | 258272 |
| Date filed: | 2011-07-28 |
| Date terminated: | 2014-03-25 |
| Assigned to: | Honorable Robert M. Dow, Jr |
| Case Cause: | 42:1983 Prisoner Civil Rights |
| Nature of Suit: | 550 Prisoner: Civil Rights |
| Jury Demand: | Both |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| David Rodgers Plaintiff as Special Administrator estate ofEdward J. Rodgers |
Kenneth N Flaxman Thomas Gerard Morrissey Joel A. Flaxman Patrick William Morrissey |
| Sheriff of Cook County Defendant |
Michael Jude Sorich |
| Cook County, Illinois Defendant |
Joyce Ellen Schoonover Maureen O'Donoghue Hannon |
| Clifford Oliver Defendant TERMINATED: 03/25/2014 |
Francis J. Catania |
| Sunita Richardson Defendant Dr. TERMINATED: 03/25/2014 |
Francis J. Catania |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2011-07-28 | 1 | 0 | COMPLAINT filed by David Rodgers; Jury Demand. Filing fee $ 350, receipt number 0752-6231093.(Flaxman, Kenneth) (Entered: 07/28/2011) | |||
| 2011-07-28 | 2 | 0 | CIVIL Cover Sheet (Flaxman, Kenneth) (Entered: 07/28/2011) | |||
| 2011-07-28 | 3 | 0 | ATTORNEY Appearance for Plaintiff David Rodgers by Kenneth N Flaxman (Flaxman, Kenneth) (Entered: 07/28/2011) | |||
| 2011-07-28 | 4 | 0 | ATTORNEY Appearance for Plaintiff David Rodgers by Thomas Gerard Morrissey (Morrissey, Thomas) (Entered: 07/28/2011) | |||
| 2011-07-28 | 5 | 0 | SUMMONS Issued as to Defendants Cook County and Cook County Sheriff. (kj, ) (Entered: 07/29/2011) | |||
| 2011-08-17 | 6 | 0 | ATTORNEY Appearance for Defendant Sheriff of Cook County by Michael Jude Sorich (Sorich, Michael) (Entered: 08/17/2011) | |||
| 2011-08-17 | 7 | 0 | MOTION by Defendant Sheriff of Cook County for extension of time to answer or otherwise plead (Sorich, Michael) (Entered: 08/17/2011) | |||
| 2011-08-17 | 8 | 0 | NOTICE of Motion by Michael Jude Sorich for presentment of extension of time 7 before Honorable Robert M. Dow Jr. on 8/23/2011 at 09:15 AM. (Sorich, Michael) (Entered: 08/17/2011) | |||
| 2011-08-22 | 9 | 0 | MINUTE entry before Honorable Robert M. Dow, Jr: MOTION by Defendant Sheriff of Cook County for extension of time 7 to answer or otherwise plead, to and including 10/5/2011, is granted. Notice of Motion date of 8/23/2011 is stricken and no appearances are necessary on that date. Notices Mailed by Judge's Staff (tbk, ) (Entered: 08/22/2011) | |||
| 2011-09-09 | 10 | 0 | ATTORNEY Appearance for Defendant Cook County, Illinois by Joyce Ellen Schoonover (Schoonover, Joyce) (Entered: 09/09/2011) | |||
| 2011-09-09 | 11 | 0 | MOTION by Defendant Cook County, Illinois for extension of time to file answer (Schoonover, Joyce) (Entered: 09/09/2011) | |||
| 2011-09-09 | 12 | 0 | NOTICE of Motion by Joyce Ellen Schoonover for presentment of motion for extension of time to file answer 11 before Honorable Robert M. Dow Jr. on 9/15/2011 at 09:15 AM. (Schoonover, Joyce) (Entered: 09/09/2011) | |||
| 2011-09-14 | 13 | 0 | MINUTE entry before Honorable Robert M. Dow, Jr: MOTION by Defendant Cook County, Illinois for extension of time to answer or otherwise plead, to and including 10/24/2011, is granted. Notice of Motion date of 9/15/2011 is stricken and no appearances are necessary on that date. Notices Mailed by Judge's Staff (tbk, ) (Entered: 09/14/2011) | |||
| 2011-10-05 | 14 | 0 | MOTION by Defendant Sheriff of Cook County to dismiss (Sorich, Michael) (Entered: 10/05/2011) | |||
| 2011-10-05 | 15 | 0 | NOTICE of Motion by Michael Jude Sorich for presentment of motion to dismiss 14 before Honorable Robert M. Dow Jr. on 10/19/2011 at 09:15 AM. (Sorich, Michael) (Entered: 10/05/2011) | |||
| 2011-10-19 | 16 | 0 | MINUTE entry before Honorable Robert M. Dow, Jr: MOTION by Defendant Sheriff of Cook County to dismiss 14 is taken under advisement. Notices Mailed by Judge's Staff (tbk, ) (Entered: 10/19/2011) | |||
| 2011-10-24 | 17 | 0 | MOTION by Defendant Cook County, Illinois to dismiss Rule 12(b)(6) (Schoonover, Joyce) (Entered: 10/24/2011) | |||
| 2011-10-24 | 18 | 0 | Rule 12(b)(6) NOTICE of Motion by Joyce Ellen Schoonover for presentment of motion to dismiss 17 before Honorable Robert M. Dow Jr. on 11/1/2011 at 09:15 AM. (Schoonover, Joyce) (Entered: 10/24/2011) | |||
| 2011-10-24 | 19 | 0 | CORRECTED NOTICE of Motion by Joyce Ellen Schoonover for presentment of motion to dismiss 17 before Honorable Robert M. Dow Jr. on 11/1/2011 at 09:15 AM. (Schoonover, Joyce) (Entered: 10/24/2011) | |||
| 2011-10-25 | 20 | 0 | MINUTE entry before Honorable Robert M. Dow, Jr: Initial Status hearing is set for 11/14/2011 at 10:45a.m. and parties are to report the following: (1) Possibility of settlement in the case; (2) If no possibility of settlement exists, the nature and length of discovery necessary to get the case ready for trial. Plaintiff is to advise all other parties of the courts action herein. Lead counsel is directed to appear at this status hearing. Parties to prepare and submit a joint status report on or before November 9, 2011. (See Judges web page for status report. Mailed notice (tbk, ) (Entered: 10/25/2011) | |||
| 2011-11-01 | 21 | 0 | MINUTE entry before Honorable Robert M. Dow, Jr: Motions to dismiss 14 and 17 are taken under advisement; responses due by 11/15/201; replies due by 11/29/2011; ruling on motions to dismiss will be by mail. Status hearing date of 11/14/2011 is stricken. Mailed notice (tbk, ) (Entered: 11/01/2011) | |||
| 2011-11-15 | 22 | 0 | MEMORANDUM by David Rodgers in Opposition to motion to dismiss 17 , motion to dismiss 14 (Flaxman, Kenneth) (Entered: 11/15/2011) | |||
| 2011-11-22 | 23 | 0 | REPLY by Cook County, Illinois to memorandum in opposition to motion 22 to dismiss plaintiff's complaint (Schoonover, Joyce) (Entered: 11/22/2011) | |||
| 2011-11-22 | 24 | 0 | NOTICE by Cook County, Illinois re reply to response to motion 23 to dismiss (Schoonover, Joyce) (Entered: 11/22/2011) | |||
| 2011-11-23 | 25 | 0 | REPLY by Sheriff of Cook County to memorandum in opposition to motion 22 (Sorich, Michael) (Entered: 11/23/2011) | |||
| 2011-11-23 | 26 | 0 | NOTICE by Sheriff of Cook County (Sorich, Michael) (Entered: 11/23/2011) | |||
| 2012-06-11 | 27 | 0 | MINUTE entry before Honorable Robert M. Dow, Jr: Pursuant to Memorandum Opinion and Order, dated 6/11/2012, the Court grants Defendant Cook Countys motion to dismiss 17 solely on the basis that this litigation appears to be duplicative of the Parish litigation. Plaintiffs complaint is dismissed without prejudice. Every indication from a review of the Parish complaint, Plaintiffs complaint, and the parties briefs in this matter suggests that the Parish litigation encompasses Plaintiffs claims; however, to the extent that Plaintiff believes that this suit is not duplicative of the Parish litigation, Plaintiff has thirty days to submit an amended complaint that evinces a discernable difference from the Parish complaint. Defendant Sheriffs motion to dismiss 14 is denied as moot. Mailed notice (tbk, ) (Entered: 06/11/2012) | |||
| 2012-06-11 | 28 | 0 | MEMORANDUM Opinion and Order Signed by the Honorable Robert M. Dow, Jr on 6/11/2012. Mailed notice(tbk, ) (Entered: 06/11/2012) | 2012-06-12 08:30:17 | 424f8b8ba1a15be4a58b04c27614d65f2648d4d2 | |
| 2012-06-18 | 29 | 0 | AMENDED complaint by David Rodgers against All Defendants (Flaxman, Kenneth) (Entered: 06/18/2012) | |||
| 2012-06-18 | 30 | 0 | MOTION by Plaintiff David Rodgers to expedite [to shorten time for defendants to respond to discovery requests] (Flaxman, Kenneth) (Entered: 06/18/2012) | |||
| 2012-06-18 | 31 | 0 | NOTICE of Motion by Kenneth N Flaxman for presentment of motion to expedite 30 before Honorable Robert M. Dow Jr. on 6/21/2012 at 09:15 AM. (Flaxman, Kenneth) (Entered: 06/18/2012) | |||
| 2012-06-21 | 32 | 0 | MINUTE entry before Honorable Robert M. Dow, Jr: Motion hearing held on 6/21/2012. Plaintiff's Motion to shorten time for defendants to respond to discovery requests 30 is granted as stated on the record. Defendants' oral motion for extension of time to answer or otherwise plead to the complaint is granted to and including 8/9/2012. Parties directed to submit HIPPA Order through the proposed order box for this Court. Mailed notice by judge's staff. (srb,) (Entered: 06/21/2012) | |||
| 2012-06-22 | 33 | 0 | PROTECTIVE Order Signed by the Honorable Robert M. Dow, Jr on 6/22/2012.(kj, ) (Entered: 06/27/2012) | |||
| 2012-08-27 | 34 | 0 | SECOND AMENDED complaint by David Rodgers against All Defendants (Flaxman, Kenneth) (Entered: 08/27/2012) | |||
| 2012-09-18 | 35 | 0 | ANSWER to amended complaint by Sheriff of Cook County(Sorich, Michael) (Entered: 09/18/2012) | |||
| 2012-09-18 | 36 | 0 | NOTICE by Sheriff of Cook County (Sorich, Michael) (Entered: 09/18/2012) | |||
| 2012-09-27 | 37 | 0 | Defendant's ANSWER to amended complaint Second Amended by Cook County, Illinois(Schoonover, Joyce) (Entered: 09/27/2012) | |||
| 2012-09-27 | 38 | 0 | NOTICE by Cook County, Illinois re answer to amended complaint 37 Second Amended (Schoonover, Joyce) (Entered: 09/27/2012) | |||
| 2012-10-09 | 39 | 0 | MOTION by Plaintiff David Rodgers to amend/correct to add defendants and to file third amended complaint (Flaxman, Kenneth) (Entered: 10/09/2012) | |||
| 2012-10-09 | 40 | 0 | NOTICE of Motion by Kenneth N Flaxman for presentment of motion to amend/correct 39 before Honorable Robert M. Dow Jr. on 10/17/2012 at 09:15 AM. (Flaxman, Kenneth) (Entered: 10/09/2012) | |||
| 2012-10-17 | 41 | 0 | MINUTE entry before Honorable Robert M. Dow, Jr: MOTION by Plaintiff David Rodgers to amend/correct to add defendants and to file 39 third amended complaint, take under advisement; response due by 11/7/2012; reply due by 11/21/2012; ruling will be by mail. Mailed notice (tbk, ) (Entered: 10/17/2012) | |||
| 2012-11-07 | 42 | 0 | RESPONSE by Defendant Sheriff of Cook County to Plaintiff's Motion to Add Defendants (Sorich, Michael) (Entered: 11/07/2012) | |||
| 2012-11-07 | 43 | 0 | NOTICE by Sheriff of Cook County (Sorich, Michael) (Entered: 11/07/2012) | |||
| 2012-11-07 | 44 | 0 | RESPONSE by Defendant Cook County, Illinois to motion for leave to file Third Amended Complaint (Schoonover, Joyce) (Entered: 11/07/2012) | |||
| 2012-11-07 | 45 | 0 | NOTICE by Cook County, Illinois re Response 44 to Plaintiff's Motion to Add Defendants and for Leave to File a Third Amended Complaint (Schoonover, Joyce) (Entered: 11/07/2012) | |||
| 2012-11-21 | 46 | 0 | REPLY by Plaintiff David Rodgers to Response 44 , Response 42 (Flaxman, Kenneth) (Entered: 11/21/2012) | |||
| 2013-02-04 | 47 | 0 | MINUTE entry before Honorable Robert M. Dow, Jr: Status hearing set for 2/14/2013 at 09:15 AM. Mailed notice (tbk, ) (Entered: 02/04/2013) | |||
| 2013-02-14 | 48 | 0 | MINUTE entry before Honorable Robert M. Dow, Jr: Status hearing held on 2/14/2013. Mailed notice (tbk, ) (Entered: 02/14/2013) | |||
| 2013-02-19 | 49 | 0 | WRITTEN Opinion entered by the Honorable Robert M. Dow, Jr on 2/19/2013: For the reasons set forth below, the Court grants Plaintiff's motion to add defendants and for leave to file a third amended complaint 39 and directs Plaintiff to file his amended complaint by 2/26/2013. For the reasons statedon the record in open court and summarized below, the Court stays this matter pending resolution of Plaintiff's state court appeal. Counsel for Plaintiff is directed to notify the Court once issues related to the appeal have been resolved. Mailed notice(tbk, ) (Entered: 02/19/2013) | 2013-02-20 08:18:20 | 6b162e40ccb9c23d95160d7ea61d8fa4336e801f | |
| 2013-02-25 | 50 | 0 | THIRD AMENDED complaint by David Rodgers against All Defendants (Flaxman, Kenneth) (Entered: 02/25/2013) | |||
| 2013-05-03 | 51 | 0 | MOTION by counsel for Defendant Cook County, Illinois to withdraw as attorney Joyce Schoonover, MOTION by Defendant Cook County, Illinois to substitute attorney Maureen Hannon (Schoonover, Joyce) (Entered: 05/03/2013) | |||
| 2013-05-03 | 52 | 0 | NOTICE of Motion by Joyce Ellen Schoonover for presentment of motion to withdraw as attorney, motion to substitute attorney 51 before Honorable Robert M. Dow Jr. on 5/16/2013 at 09:15 AM. (Schoonover, Joyce) (Entered: 05/03/2013) | |||
| 2013-05-15 | 53 | 0 | MINUTE entry before Honorable Robert M. Dow, Jr: MOTION for leave to substitute [ 51 ] Assistant State's Attorney Maureen Hannon as attorney of record for defendant Cook County and for leave for Assistant States Attorney Joyce Schoonover to withdraw her appearance on behalf of defendant Cook County is granted. Notice of Motion date of 5/16/2013 is stricken and no appearances are necessary on that date. Mailed notice. (kj, ) (Entered: 05/16/2013) | |||
| 2013-10-01 | 54 | 0 | MOTION by Plaintiff David Rodgers to vacate order on motion to amend/correct,,, order on motion for leave to file,,, written opinion,,, terminate motions,, 49 (Flaxman, Kenneth) (Entered: 10/01/2013) | |||
| 2013-10-01 | 55 | 0 | NOTICE of Motion by Kenneth N Flaxman for presentment of motion to vacate, motion for relief,,, 54 before Honorable Robert M. Dow Jr. on 10/9/2013 at 09:15 AM. (Flaxman, Kenneth) (Entered: 10/01/2013) | |||
| 2013-10-02 | 56 | 0 | NOTICE of Motion by Kenneth N Flaxman for presentment of motion to vacate, motion for relief,,, 54 before Honorable Robert M. Dow Jr. on 10/9/2013 at 09:15 AM. (Flaxman, Kenneth) (Entered: 10/02/2013) | |||
| 2013-10-09 | 57 | 0 | MINUTE entry before Honorable Robert M. Dow, Jr: MOTION by Plaintiff David Rodgers to vacate stay order 54 is granted and stay ordered lifted. Defendants are given until 11/20/2013 to file responsive pleading to Third Amended Complaint; plaintiff's response due by 12/18/2013; defendants' reply due by 1/8/2014; ruling will be by mail. Mailed notice (tbk, ) (Entered: 10/09/2013) | |||
| 2013-11-07 | 58 | 0 | ATTORNEY Appearance for Defendant Sunita Richardson by Francis J. Catania (Catania, Francis) (Entered: 11/07/2013) | |||
| 2013-11-07 | 59 | 0 | ATTORNEY Appearance for Defendant Clifford Oliver by Francis J. Catania (Catania, Francis) (Entered: 11/07/2013) | |||
| 2013-11-19 | 60 | 0 | MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Sorich, Michael) (Entered: 11/19/2013) | |||
| 2013-11-19 | 61 | 0 | NOTICE by Sheriff of Cook County (Sorich, Michael) (Entered: 11/19/2013) | |||
| 2013-11-20 | 62 | 0 | MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION by Defendant Clifford Oliver to dismiss for lack of jurisdiction (Catania, Francis) (Entered: 11/20/2013) | |||
| 2013-11-20 | 63 | 0 | NOTICE by Clifford Oliver re MOTION TO DISMISS FOR FAILURE TO STATE A CLAIMMOTION by Defendant Clifford Oliver to dismiss for lack of jurisdiction 62 (Catania, Francis) (Entered: 11/20/2013) | |||
| 2013-11-20 | 64 | 0 | MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Catania, Francis) (Entered: 11/20/2013) | |||
| 2013-11-20 | 65 | 0 | NOTICE by Sunita Richardson re MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM 64 (Catania, Francis) (Entered: 11/20/2013) | |||
| 2013-11-20 | 66 | 0 | MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Hannon, Maureen) (Entered: 11/20/2013) | |||
| 2013-11-20 | 67 | 0 | NOTICE by Cook County, Illinois re MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM 66 (Hannon, Maureen) (Entered: 11/20/2013) | |||
| 2013-11-20 | 68 | 0 | MOTION by Defendant Cook County, Illinois to dismiss. (Attachments: # 1 Letter, # 2 Notice of Filing)(vcf, ) (Entered: 11/25/2013) | |||
| 68 | 1 | Letter | ||||
| 68 | 2 | Notice of Filing | ||||
| 2013-12-18 | 69 | 0 | MEMORANDUM by David Rodgers in Opposition to Motion to Dismiss for Failure to State a Claim, motion to dismiss/lack of jurisdiction 62 , Motion to Dismiss for Failure to State a Claim 60 , Motion to Dismiss for Failure to State a Claim 66 , Motion to Dismiss for Failure to State a Claim 64 (Flaxman, Kenneth) (Entered: 12/18/2013) | |||
| 2014-01-08 | 70 | 0 | REPLY by Cook County, Illinois to memorandum in opposition to motion, 69 to Dismiss (Hannon, Maureen) (Entered: 01/08/2014) | |||
| 2014-01-08 | 71 | 0 | NOTICE by Cook County, Illinois re reply to response to motion 70 to Dismiss (Hannon, Maureen) (Entered: 01/08/2014) | |||
| 2014-01-08 | 72 | 0 | REPLY by Sunita Richardson to memorandum in opposition to motion, 69 (Catania, Francis) (Entered: 01/08/2014) | |||
| 2014-01-08 | 73 | 0 | NOTICE by Sunita Richardson re reply to response to motion 72 (Catania, Francis) (Entered: 01/08/2014) | |||
| 2014-01-08 | 74 | 0 | REPLY by Clifford Oliver to memorandum in opposition to motion, 69 (Catania, Francis) (Entered: 01/08/2014) | |||
| 2014-01-08 | 75 | 0 | NOTICE by Clifford Oliver re reply to response to motion 74 (Catania, Francis) (Entered: 01/08/2014) | |||
| 2014-01-08 | 76 | 0 | REPLY by Sheriff of Cook County to memorandum in opposition to motion, 69 (Sorich, Michael) (Entered: 01/08/2014) | |||
| 2014-01-08 | 77 | 0 | NOTICE by Sheriff of Cook County (Sorich, Michael) (Entered: 01/08/2014) | |||
| 2014-01-27 | 78 | 0 | MOTION by Plaintiff David Rodgers for leave to file surreply to ECF #72 (Flaxman, Kenneth) (Entered: 01/27/2014) | |||
| 2014-01-27 | 79 | 0 | NOTICE of Motion by Kenneth N Flaxman for presentment of motion for leave to file 78 before Honorable Robert M. Dow Jr. on 1/30/2014 at 09:15 AM. (Flaxman, Kenneth) (Entered: 01/27/2014) | |||
| 2014-01-29 | 80 | 0 | MINUTE entry before the Honorable Robert M. Dow, Jr: MOTION by Plaintiff David Rodgers for leave to file 78 surreply to ECF #72 is granted. Notice of Motion date of 1/30/2014 is stricken and no appearances are necessary on that date. Mailed notice (tbk, ) (Entered: 01/29/2014) | |||
| 2014-03-24 | 81 | 0 | MINUTE entry before the Honorable Robert M. Dow, Jr: Defendant Cook County's Motion to Dismiss for Failure to State a Claim 66 is stricken as being duplicative of document 68 . Mailed notice (tbk, ) (Entered: 03/24/2014) | |||
| 2014-03-25 | 82 | 0 | ENTER MEMORANDUM OPINION AND ORDER: the Court grants the motions to dismiss filed by Defendants Williamson and Oliver [62 and 64], as Plaintiff's claims against Williamson and Oliver have been resurrected by the Illinois Appellate Court and Plaintiff previously indicated that he preferred to litigate these claims in state court.1 Thus, Defendants Williamson and Oliverare dismissed from this federal lawsuit and the claims against them may proceed in state court. The Court denies the motions to dismiss filed by Defendants Cook County and Sheriff Dart [60 and 68]. This case is set for a status hearing on April 23, 2014, at 9:00 a.m. Signed by the Honorable Robert M. Dow, Jr on 3/25/2014. Mailed notice(tbk, ) (Entered: 03/25/2014) | 2014-11-21 14:21:49 | ecdb94ffd2c113ef660a13b29a080a816f35fc3d | |
| 2014-04-23 | 83 | 0 | MINUTE entry before the Honorable Robert M. Dow, Jr: Status hearing held on 4/23/2014. Rule 26(a) initial disclosures to be exchanged by 5/7/2014. All fact discovery to be completed by 10/20/2014.Further Status hearing set for 10/2/2014 at 09:00 AM. Mailed notice (tbk, ) (Entered: 04/23/2014) | |||
| 2014-08-04 | 84 | 0 | ATTORNEY Appearance for Plaintiff David Rodgers by Patrick William Morrissey (Morrissey, Patrick) (Entered: 08/04/2014) | |||
| 2014-10-02 | 85 | 0 | MINUTE entry before the Honorable Robert M. Dow, Jr: Status hearing held on 10/2/2014. Fact discovery cutoff date of 10/20/2014 is extended to and including 1/31/2015. Further Status hearing set for 1/22/2015 at 09:00 AM. Mailed notice (tbk, ) (Entered: 10/02/2014) | |||
| 2015-01-22 | 86 | 0 | MINUTE entry before the Honorable Robert M. Dow, Jr: Status hearing held. Fact discovery cutoff date of 1/31/2015 is extended to and including 3/10/2015. A further status hearing is set for 3/18/2015 at 9:00 a.m. Mailed notice (cdh, ) (Entered: 01/23/2015) | 2015-02-10 13:41:07 | 11ab4b17e96d01279931e5d119b9bc0fc0ecd68e | |
| 2015-01-28 | 87 | 0 | ATTORNEY Appearance for Plaintiff David Rodgers by Joel A. Flaxman (Flaxman, Joel) (Entered: 01/28/2015) | |||
| 2015-02-06 | 88 | 0 | ANSWER to amended complaint by Sheriff of Cook County(Sorich, Michael) (Entered: 02/06/2015) | |||
| 2015-02-06 | 89 | 0 | NOTICE by Sheriff of Cook County (Sorich, Michael) (Entered: 02/06/2015) | |||
| 2015-02-06 | 90 | 0 | Cook County's ANSWER to amended complaint and Affirmative Defenses to Plaintiff's Third by Cook County, Illinois(Hannon, Maureen) (Entered: 02/06/2015) | |||
| 2015-02-06 | 91 | 0 | NOTICE by Cook County, Illinois re answer to amended complaint 90 Third (Hannon, Maureen) (Entered: 02/06/2015) | |||
| 2015-02-11 | 92 | 0 | MOTION by Defendant Cook County, Illinois for protective order (Attachments: # 1 Exhibit A)(Hannon, Maureen) (Entered: 02/11/2015) | |||
| 2015-02-11 | 93 | 0 | NOTICE of Motion by Maureen O'Donoghue Hannon for presentment of motion for protective order 92 before Honorable Robert M. Dow Jr. on 2/19/2015 at 09:15 AM. (Hannon, Maureen) (Entered: 02/11/2015) | |||
| 2015-02-16 | 94 | 0 | RESPONSE by David Rodgersin Opposition to MOTION by Defendant Cook County, Illinois for protective order 92 (Attachments: # 1 Exhibit 1)(Flaxman, Joel) (Entered: 02/16/2015) | |||
| 2015-02-19 | 95 | 0 | MINUTE entry before the Honorable Robert M. Dow, Jr: Consistent with the discussion on the record in open court at today's motion hearing, Defendant Cook County's motion for a protective order 92 is respectfully denied. Upon review of the briefs and the relevant case law, the Court concludes that Plaintiff's counsel should be permitted to withdraw the improvident statement that he made on the record at the March 24, 2014 status hearing indicating that the sole remaining claim against Cook County was for indemnity only. While counsel did make the statement and Cook County justifiably relied on it in bringing the instant motion, the context indicates that the statement was improvident and inadvertent in that it implied concession on an issue on which Plaintiff had prevailed at the motion to dismiss stage only a few weeks earlier. If the statement had been formalized or indicated a "deliberate, clear and unambiguous" intent to abandon the claim, then it judicial estoppel would apply. See Robinson v. McNeil Consumer Healthcare, 615 F.3d 861, 872 (7th Cir. 2010). In addition, if Cook County's ability to prepare a proper defense had been seriously compromised as a consequence of counsel's unfortunate statement, the Court would hold Plaintiff to counsel's concession. But the standards for judicial estoppel are not satisfied, and Cook County's defense to the lawsuit has not been jeopardized. To allow Cook County adequate time to answer Plaintiff's discovery requests and to conduct its own discovery, as well as the other discovery that remains open as discussed on the record today, the fact discovery deadline will be extended to 5/31/2015. This case is set for further status hearing on 5/28/2015 at 9:00 a.m.. The status hearing set for 3/18/2015 is stricken and no appearances are necessary on that date. Mailed notice (cdh, ) (Entered: 02/19/2015) |