Name: Shelby v. City of Chicago Heights Police Department et al :: Illinois Northern District Court :: Federal Civil Lawsuit No. 1:17-cv-08082, Judge Robert M. Dow, Jr presiding
Creator: Illinois Northern District Court
Published: 2017-11-08
License: https://creativecommons.org/publicdomain/mark/1.0/
Keywords: court documents, legal case, docket, PACER, Illinois Northern District Court

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53	Filed: 5/6/2019, Entered: 5/6/2019
	NOTICE by All Defendants re other 52 (Giambrone, Joseph)
	Request

52	Filed: 5/6/2019, Entered: 5/6/2019
	NOTIFICATION OF RECEIPT OF SETTLEMENT PAYMENT by Thomas E. Newquist, Jr, Thomas Joseph Somer, J. Stokes, Roger Wilson (Giambrone, Joseph)
	Request

51	Filed: 3/22/2019, Entered: 3/22/2019
	MINUTE entry before the Honorable Robert M. Dow, Jr: Status hearing held. Plaintiff participates by telephone. Settlement reached. As discussed on the record, this case is dismissed without prejudice and with leave to reinstate by 11/29/2019. If no motion to reinstate is filed on or before that date the dismissal will automatically convert to a dismissal wiht prejudice with no further action required by the parties or the Court. Also, Defense counsel is directed to file on the docket when the Plaintiff received his check. Civil case terminated. Mailed notice (cdh, )
	Request

50	Filed: 3/15/2019, Entered: 3/15/2019
	MINUTE entry before the Honorable Robert M. Dow, Jr: On the Court's own motion, the status hearing set for 3/21/2019 is stricken and reset to Friday, 3/22/2019 at 10:45 a.m. If this causes an inconvenience or hardship for any counsel, please email both opposing counsel and Courtroom Deputy, Carolyn_Hoesly@ilnd.uscourts.gov to work out the next available mutually agreeable date. Mailed notice (cdh, )
	Request

49	Filed: 2/13/2019, Entered: 2/13/2019
	MINUTE entry before the Honorable Robert M. Dow, Jr: Status hearing held. Defense counsel reports that both sides have executed a signed settlement agreement and that he simply needs to make arrangements with Plaintiff in regard to where the payment should be sent. Efforts to reach Plaintiff by telephone today in the IDOC were unsuccessful, however, because Plaintiff is temporarily at a different facility. Defense counsel learned after the hearing from IDOC personnel that Plaintiff is likely to return to Illinois River Correctional Center sometime in March, at which time it will be easier to set up a call to determine this last issue before a stipulation of dismissal can be filed. Accordingly, the status hearing date of 2/27/2019 given out in open Court is cancelled and reset to 3/21/2019 at 9:45 a.m. to allow time for Plaintiff to return to Illinois River and for defense counsel to make arrangements for another telephone status hearing. If defense counsel can resolve the payment issue through other correspondence with Plaintiff and submit an agreed stipulation of dismissal prior to 3/21/2019, the status date will be cancelled and the case will be closed. Mailed notice (cdh, )
	Request

48	Filed: 1/15/2019, Entered: 1/15/2019
	MAIL RETURNED, for document # 44 sent to E3A14CD B-31668, returned as undeliverable, return to sender. New address found, re-mailed to, Illinois River Corr Center, P.O. Box 999, Canton, IL. 61520 (Per IDOC Website on 1/15/2019) (yt)
	Request

47	Filed: 1/10/2019, Entered: 1/11/2019
	MINUTE entry before the Honorable Robert M. Dow, Jr: Status hearing held and continued to 2/13/2019 at 9:30 a.m. Plaintiff was unable to participate by telephone, as he was recently transferred to another facility. If a stipulation of dismissal is filed before the next status hearing, the hearing will be cancelled and the case closed. Mailed notice (cdh, )
	Request

46	Filed: 1/7/2019, Entered: 1/7/2019
	NOTICE by E3A14CD of Change of Address. (Envelope Postmark date 1/3/19). (gcy, )
	Request

45	Filed: 1/2/2019, Entered: 1/2/2019
	MINUTE entry before the Honorable Robert M. Dow, Jr: In light of the reported settlement of this matter 44 filed on 12/26/2018, Plaintiff's renewed motion for attorney representation 43 is denied as moot. Mailed notice (cdh, )
	Request

44	Filed: 12/26/2018, Entered: 12/26/2018
	MINUTE entry before the Honorable Robert M. Dow, Jr: Defense counsel has advised the Court that the parties have reached an agreement and will need to execute the necessary documents. Briefing schedule set on 12/3/2018 is suspended. Status hearing is set for 1/10/2019 at 9:00 a.m. If a stipulation of dismissal is filed before the next status hearing, the hearing will be cancelled and the case closed. Mailed notice (cdh, )
	Request

43	Filed: 12/20/2018, Entered: 12/21/2018
	MOTION by Plaintiff E3A14CD for attorney representation. (No Envelope Postmark date). (gcy, )
	Request

42	Filed: 12/3/2018, Entered: 12/3/2018
	MINUTE entry before the Honorable Robert M. Dow, Jr: Defendants' motion to set summary judgment briefing schedule 39 is granted; motion is due by 12/31/2018; response is due by 2/4/2019; reply is due by 2/25/2019; the Court will issue a ruling by mail. If Plaintiff believes that additional discovery is necessary prior to filing a response to the motion for summary judgment, he is directed to review Federal Rule of Civil Procedure 56(d) and to file a motion identifying the discovery that he seeks. Notice of motion date of 12/4/2018 is stricken and no appearances are necessary on that date. Mailed notice (cdh, )
	Request

41	Filed: 11/19/2018, Entered: 11/19/2018
	Corrected NOTICE of Motion by Joseph Anthony Giambrone for presentment of motion by filer to set a briefing schedule 39 before Honorable Robert M. Dow Jr. on 12/4/2018 at 09:15 AM. (Giambrone, Joseph)
	Request

40	Filed: 11/19/2018, Entered: 11/19/2018
	NOTICE by Thomas E. Newquist, Jr, Thomas Joseph Somer, J. Stokes, Roger Wilson re MOTION by Defendants Thomas E. Newquist, Jr, Thomas Joseph Somer, J. Stokes, Roger Wilson to set a briefing schedule SUMMARY JUDGMENT 39 (Giambrone, Joseph)
	Request

39	Filed: 11/19/2018, Entered: 11/19/2018
	MOTION by Defendants Thomas E. Newquist, Jr, Thomas Joseph Somer, J. Stokes, Roger Wilson to set a briefing schedule SUMMARY JUDGMENT (Giambrone, Joseph)
	Request

38	Filed: 9/27/2018, Entered: 9/28/2018
	MINUTE entry before the Honorable Robert M. Dow, Jr: Status hearing held. Counsel is given leave to take the deposition of Plaintiff E3A14CD who is detained at the Cook County Jail. It is the obligation of counsel to contact the Court after the deposition has been completed, to set a schedule on a summary judgment motion or set a status hearing to discuss discovery. The Court holds in abeyance discovery until further order of the Court. Mailed notice (cdh, )
	Request

37	Filed: 9/20/2018, Entered: 9/21/2018
	LETTER from E3A14CD. (Exhibits) (Envelope postmarked 9/14/18) (ph, )
	Request

36	Filed: 9/19/2018, Entered: 9/19/2018
	MINUTE entry before the Honorable Robert M. Dow, Jr: On the Court's own motion, the status hearing set for 9/24/2018 is stricken and reset to 9/27/2018 at 9:00 a.m. Mailed notice (cdh, )
	Request

35	Filed: 9/17/2018, Entered: 9/17/2018
	Sgt. Wilson ANSWER to amended complaint AND AFFIRMATIVE DEFENSES by Roger Wilson (Attachments: # 1 Notice of Filing)(Giambrone, Joseph)
	Request

34	Filed: 9/17/2018, Entered: 9/17/2018
	Officer Stokes ANSWER to amended complaint AND AFFIRMATIVE DEFENSES by J. Stokes (Attachments: # 1 Notice of Filing)(Giambrone, Joseph)
	Request

33	Filed: 9/17/2018, Entered: 9/17/2018
	Officer Somer ANSWER to amended complaint AND AFFIRMATIVE DEFENSES by Thomas Joseph Somer (Attachments: # 1 Notice of Filing)(Giambrone, Joseph)
	Request

32	Filed: 9/17/2018, Entered: 9/17/2018
	Officer Newquist ANSWER to amended complaint AND AFFIRMATIVE DEFENSE by Thomas E. Newquist, Jr (Attachments: # 1 Notice of Filing NOF)(Giambrone, Joseph)
	Request

31	Filed: 9/17/2018, Entered: 9/17/2018
	WAIVER OF SERVICE returned executed by Roger Wilson. (Giambrone, Joseph)
	Request

30	Filed: 9/17/2018, Entered: 9/17/2018
	WAIVER OF SERVICE returned executed by J. Stokes. (Giambrone, Joseph)
	Request

29	Filed: 9/17/2018, Entered: 9/17/2018
	WAIVER OF SERVICE returned executed by Thomas Joseph Somer. (Giambrone, Joseph)
	Request

28	Filed: 9/17/2018, Entered: 9/17/2018
	WAIVER OF SERVICE returned executed by Thomas E. Newquist, Jr. Thomas E. Newquist, Jr waiver sent on 7/17/2018, answer due 9/17/2018. (Giambrone, Joseph)
	Request

27	Filed: 9/17/2018, Entered: 9/17/2018
	ATTORNEY Appearance for Defendant Roger Wilson by Joseph Anthony Giambrone (Giambrone, Joseph)
	Request

26	Filed: 9/17/2018, Entered: 9/17/2018
	ATTORNEY Appearance for Defendant J. Stokes by Joseph Anthony Giambrone (Giambrone, Joseph)
	Request

25	Filed: 9/17/2018, Entered: 9/17/2018
	ATTORNEY Appearance for Defendant Thomas E. Newquist, Jr by Joseph Anthony Giambrone (Giambrone, Joseph)
	Request

24	Filed: 9/17/2018, Entered: 9/17/2018
	ATTORNEY Appearance for Defendant Thomas Joseph Somer by K. Austin Zimmer (Zimmer, K.)
	Request

23	Filed: 9/17/2018, Entered: 9/17/2018
	ATTORNEY Appearance for Defendant Thomas E. Newquist, Jr by K. Austin Zimmer (Zimmer, K.)
	Request

22	Filed: 9/17/2018, Entered: 9/17/2018
	ATTORNEY Appearance for Defendant J. Stokes by K. Austin Zimmer (Zimmer, K.)
	Request

21	Filed: 9/17/2018, Entered: 9/17/2018
	ATTORNEY Appearance for Defendant Roger Wilson by K. Austin Zimmer (Zimmer, K.)
	Request

20	Filed: 8/15/2018, Entered: 8/15/2018
	MINUTE entry before the Honorable Robert M. Dow, Jr: Upon review of the docket and the waivers of service that have been executed with deadlines to answer or otherwise plead on 9/17/2018, the status hearing set for 8/16/2018 is stricken and reset to 9/24/2018 at 9:00 a.m. The Court directs defense counsel to make the necessary arrangements for Plaintiff to participate in the hearing by telephone. Mailed notice (cdh, )
	Request

19	Filed: 7/18/2018, Entered: 7/19/2018
	WAIVER OF SERVICE returned executed by the U.S. Marshal Service as to Defendants Thomas Rogers waiver sent on 7/17/2018, answer due 9/17/2018; Thomas Joseph Somer waiver sent on 7/17/2018, answer due 9/17/2018; J. Stokes waiver sent on 7/17/2018, answer due 9/17/2018; Roger Wilson waiver sent on 7/17/2018, answer due 9/17/2018. (Attachments: # 1 Waiver as to Thomas J. Somer, # 2 Waiver as to J. Stokes, # 3 Waiver as to Roger Wilson) (jh, )
	Request

18	Filed: 6/20/2018, Entered: 6/20/2018
	MINUTE entry before the Honorable Robert M. Dow, Jr: In view of the Court's order dated 6/14/2018 directing Plaintiff to return USM-285 forms for each Defendant by 7/9/2018, the status hearing set for 6/21/2018 is stricken and reset to 8/16/2018 at 9:45 a.m. to allow time for service to be effectuated. Defense counsel shall make the necessary arrangements for Plaintiff to appear by telephone. Mailed notice (cdh, )
	Request

	Filed: 6/14/2018, Entered: 6/14/2018
	MAILED four blank USM-285 (Marshals service) forms, a magistrate judgeconsent form, filing instructions, and a copy of the Order dated 6/14/2018 to the Plaintiff. (jh, )


	Filed: 6/14/2018, Entered: 6/14/2018
	SUMMONS Issued as to Defendants Thomas E. Newquist, Jr, Thomas Rogers, J. Stokes, Roger Wilson, and Thomas Joseph Somer with a copy of Complaint, certified copy of Order dated 6/14/2018 to the U.S. Marshal Service via email. (jh, ) Modified on 7/18/2018 (jh, ).


17	Filed: 6/14/2018, Entered: 6/14/2018
	ORDER: The Court has reviewed Plaintiff's amended complaint 16 pursuant to 28 U.S.C. § 1915A, and it is accepted. Nominal Defendant Police Chief Rogers is dismissed as a Defendant. The Court directs the Clerk of Court to: (1) correct the docket to reflect that the last name of Defendant "Thomas E. New Quest Jr." is "Newquist"; (2) issue summonses for service of the amended complaint on Defendants Somer, Newquist, Stokes, and Wilson by the U.S. Marshal; and (3) send Plaintiff four blank USM-285 (Marshals service) forms, a magistrate judge consent form, filing instructions, and a copy of this order. Plaintiff must complete and return a USM-285 form for service on each Defendant. Failure to return the USM-285 forms by July 9, 2018, may result in dismissal of any unserved Defendant, as well as dismissal of this case in its entirety. Plaintiff also must promptly submit a change-of-address notification if he is transferred to another facility or released. If Plaintiff fails to keep the Court informed of his address, this action will be subject to dismissal for failure to comply with a Court order and for failure to prosecute. The Court appoints the U.S. Marshal to serve Defendants. Signed by the Honorable Robert M. Dow, Jr on 6/14/2018. Mailed notice (jh, )
	Request

16	Filed: 4/26/2018, Entered: 5/1/2018
	AMENDED complaint by E3A14CD against All Defendants (Exhibits). (Envelope not postmarked) (Received for docketing on 5/1/18) (tt, )
	Request

	Filed: 4/6/2018, Entered: 4/6/2018
	MAILED plaintiff copy of order dated 3/29/18 15 , along with a blank form to file an amended complaint. (tt, )


15	Filed: 3/29/2018, Entered: 4/6/2018
	ORDER: Status hearing held and continued to 6/21/2018 at 9:30 a.m. Plaintiff participates by telephone. Plaintiff is given until 4/30/2018 to file an amended complaint. Defendants are given until 5/30/2018 to answer the amended complaint. The Clerk is directed to send a copy of this order to Plaintiff, along with a blank form to file an amended complaint. Defendants are given leave to take the deposition of Plaintiff E3A14CD who is detained at the Cook County Jail. (Received for docketing on 4/6/18) Mailed notice (tt, )
	Request

14	Filed: 3/26/2018, Entered: 3/26/2018
	STATUS Report INTIAL JOINT STATUS REPORT by Thomas Rogers (Attachments: # 1 Notice of Filing)(Giambrone, Joseph)
	Request

13	Filed: 3/6/2018, Entered: 3/6/2018
	MINUTE entry before the Honorable Robert M. Dow, Jr: Initial status hearing is set for 3/29/2018 at 10:00 a.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. The parties are requested to file a joint status report at least two days prior to the initial status. For further details see the Court's website available at www.ilnd.uscourts.gov. The Court directs defense counsel to make the necessary arrangements for Plaintiff to participate in the hearing by telephone. Mailed notice (cdh, )
	Request

12	Filed: 3/6/2018, Entered: 3/6/2018
	CHIEF THOMAS ROGERS ANSWER to Complaint AND AFFIRMATIVE DEFENSES TO PLAINTIFFS COMPLAINT by City of Chicago Heights Police Department, Thomas Rogers (Attachments: # 1 Notice of Filing NOF)(Zimmer, K.)
	Request

11	Filed: 1/17/2018, Entered: 1/17/2018
	ATTORNEY Appearance for Defendant Thomas Rogers by Joseph Anthony Giambrone (Giambrone, Joseph)
	Request

10	Filed: 1/17/2018, Entered: 1/17/2018
	ATTORNEY Appearance for Defendant Thomas Rogers by K. Austin Zimmer (Zimmer, K.)
	Request

9	Filed: 1/8/2018, Entered: 1/11/2018
	WAIVER OF SERVICE returned executed. Thomas Rogers waiver sent on 1/5/2018, answer due 3/6/2018 by the US Marshal Service (Attachments: # 1 waiver of service)(las, )
	Request

	Filed: 12/14/2017, Entered: 12/14/2017
	SUMMONS Issued as to nominal Defendant Thomas Rogers with a copy of the Complaint, certified copy of the Order dated 12/14/2017 to the U.S Marshal Service via email. (jh, )


8	Filed: 12/14/2017, Entered: 12/14/2017
	NOTICE of Correction regarding Entry for Summons Issued on 12/14/2017. (jh, )
	Request

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	Filed: 12/14/2017, Entered: 12/14/2017
	EMAILED order dated 12/14/2014, 6 to Supervisor of the Inmate Trust Fund Accounts at Cook County Jail. (jh, )


	Filed: 12/14/2017, Entered: 12/14/2017
	MAILED a blank USM-285 service form, a magistrate judge consent form, filing instructions, and a copy of the Order dated 12/14/2017 to the Plaintiff. (jh, )


	Filed: 12/14/2017, Entered: 12/14/2017
	SUMMONS Issued as to Defendant City of Chicago Heights Police Department with a copy of Complaint, certified copy of the Order dated 12/14/2014 to the U.S. Marshal Service via email. (jh, )


7	Filed: 12/14/2017, Entered: 12/14/2017
	COMPLAINT filed by E3A14CD. (jh, )
	Request

6	Filed: 12/14/2017, Entered: 12/14/2017
	ORDER: Plaintiff's application for leave to proceed in forma pauperis 3 is granted. The Court orders the trust fund officer at Plaintiff's place of incarceration to deduct $20.08 from Plaintiff's account for payment to the Clerk of Court as an initial partial payment of the filing fee, and to continue making monthly deductions in accordance with this order. The Clerk of Court is directed to electronically send a copy of this order to the Supervisor of the Inmate Trust Fund Accounts at the Cook County Jail. The Court dismisses the City of Chicago Heights Police Department as a Defendant and on its own motion substitutes Chicago Heights Police Chief Thomas Rogers as a nominal Defendant. The Court further directs the Clerk of Court to: (1) file Plaintiff's complaint 1 ; (2) issue summons for service on Defendant Rogers by the U.S. Marshal; and (3) send Plaintiff a blank USM-285 service form, a magistrate judge consent form, filing instructions, and a copy of this order. The Court advises Plaintiff that a completed USM-285 form is required for service on Defendant. The U.S. Marshal will not attempt service on Defendant unless and until the required form is received. The U.S. Marshal is appointed to serve Defendant. Plaintiff's motion for attorney representation 4 is denied without prejudice to renewal later in this case. Signed by the Honorable Robert M. Dow, Jr on 12/14/2017. Mailed notice (jh, )
	Request

4	Filed: 11/8/2017, Entered: 11/9/2017
	MOTION by Plaintiff E3A14CD for attorney representation (las, )
	Request

3	Filed: 11/8/2017, Entered: 11/9/2017
	APPLICATION by Plaintiff E3A14CD for leave to proceed in forma pauperis (Exhibit) (las, )
	Request

2	Filed: 11/8/2017, Entered: 11/9/2017
	PRISONER CIVIL Cover Sheet (las, )
	Request

1	Filed: 11/8/2017, Entered: 11/9/2017
	RECEIVED Complaint and no copies by E3A14CD (Attachments: # 1 envelope postmarked illegible)(las, )
	Request

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