Case: Smentek v. Sheriff of Cook County

Smentek v. Dart

U.S. Court of Appeals for the Seventh Circuit

COMPLAINT filed by John Smentek; Jury Demand. (tlm) (Entered: 01/28/2009)

CIVIL Cover Sheet. (tlm) (Entered: 01/28/2009)

ATTORNEY Appearance for Plaintiff John Smentek by Kenneth N Flaxman. (tlm) (Entered: 01/28/2009)

ATTORNEY Appearance for Plaintiff John Smentek by Thomas Gerard Morrissey. (tlm) (Entered: 01/28/2009)

summons issued

SUMMONS issued, 2 originals, as to Defendants Sheriff of Cook County and Cook County, Illinois. (tlm)

ALIAS SUMMONS issued, 1 original, as to Defendant Sheriff of Cook County. (tlm) (Entered: 02/06/2009)

MINUTE entry before the Honorable Joan H. Lefkow: Status hearing set for 4/7/2009 at 09:30 AM.Mailed notice (mad, ) (Entered: 02/06/2009)

ATTORNEY Appearance for Defendants Sheriff of Cook County, Cook County, Illinois by Michael L. Gallagher (Gallagher, Michael) (Entered: 03/09/2009)

ANSWER to Complaint with Jury Demand by Sheriff of Cook County, Cook County, Illinois(Gallagher, Michael) (Entered: 03/09/2009)

NOTICE by Sheriff of Cook County, Cook County, Illinois re answer to complaint 9 (Gallagher, Michael) (Entered: 03/09/2009)

MINUTE entry before the Honorable Joan H. Lefkow: Status hearing reset for 4/21/2009 at 09:30 AM by agreement.Telephoned notice (mad, ) (Entered: 04/07/2009)

MINUTE entry before the Honorable Joan H. Lefkow:Status hearing held on 4/21/2009 and continued to 5/26/2009 at 09:30 AM. Mailed notice (mad, ) (Entered: 04/22/2009)

MOTION by Plaintiff John Smentek to certify class (Attachments: # 1 Appendix Exhibits 1-11, # 2 Appendix Exhibits 12-15, # 3 Certificate of Service)(Flaxman, Kenneth) (Entered: 05/25/2009)

2 Appendix Exhibits 1-11

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3 Appendix Exhibits 12-15

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4 Certificate of Service

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MINUTE entry before the Honorable Joan H. Lefkow:Status hearing held on 5/26/2009. Response to plaintiff's motion to certify class 13 due by 6/23/2009; reply due by 7/14/2009; ruling will issue by mail.Mailed notice (mad, ) (Entered: 05/27/2009)

RESPONSE by Sheriff of Cook County, Cook County, Illinoisin Opposition to MOTION by Plaintiff John Smentek to certify class 13 (Gallagher, Michael) (Entered: 06/25/2009)

RESPONSE by Sheriff of Cook County, Cook County, Illinoisin Opposition to MOTION by Plaintiff John Smentek to certify class 13 (Attachments: # 1 Exhibit Plaintiff's motion for class certification, # 2 Exhibit Smith's Rule 23(f) petition to appeal, # 3 Exhibit Wrightsell's Rule 23(f) petition to appeal, # 4 Exhibit 7th Cir. order denying Smith's petition, # 5 Exhibit 7th Cir. order denying Wrightsell's petition, # 6 Exhibit Defendants' response to Smith's Rule 23(f) petition, # 7 Exhibit Defendants' response to Wrightsell's Rule 23(f) petition)(Gallagher, Michael) (Entered: 06/25/2009)

1 Exhibit Plaintiff's motion for class certification

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2 Exhibit Smith's Rule 23(f) petition to appeal

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3 Exhibit Wrightsell's Rule 23(f) petition to appeal

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4 Exhibit 7th Cir. order denying Smith's petition

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5 Exhibit 7th Cir. order denying Wrightsell's petition

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6 Exhibit Defendants' response to Smith's Rule 23(f) petition

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7 Exhibit Defendants' response to Wrightsell's Rule 23(f) petition

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NOTICE by Sheriff of Cook County, Cook County, Illinois re response in opposition to motion,, 16 (Gallagher, Michael) (Entered: 06/25/2009)

MOTION by Plaintiff John Smentek to add plaintiffs and for leave to file amended complaint and amended motion for class certification (Flaxman, Kenneth) (Entered: 07/13/2009)

MOTION by Plaintiff John Smentek to add plaintiffs and for leave to file amended complaint and amended motion for class certification [CORRECTED] (Flaxman, Kenneth) (Entered: 07/13/2009)

NOTICE of Motion by Kenneth N Flaxman for presentment of motion for miscellaneous relief 19 before Honorable Joan H. Lefkow on 7/16/2009 at 09:30 AM. (Flaxman, Kenneth) (Entered: 07/13/2009)

MINUTE entry before the Honorable Joan H. Lefkow: Motion hearing held on 7/16/2009 and continued to 7/30/2009 at 9:30 A.M. for ruling on motion to add plaintiffs and for leave to file amended complaint and amended motion for class certificaton 19 . Plaintiff's motion to add plaintiffs... 19 is entered. Defendants' response to motion to add plaintiffs... 19 to be filed by 7/23/2009. Mailed notice (ldg, ) (Entered: 07/16/2009)

RESPONSE by Sheriff of Cook County, Cook County, Illinoisin Opposition to MOTION by Plaintiff John Smentek to add plaintiffs and for leave to file amended complaint and amended motion for class certification [CORRECTED] 19 (Gallagher, Michael) (Entered: 07/23/2009)

NOTICE by Sheriff of Cook County, Cook County, Illinois re response in opposition to motion 22 (Gallagher, Michael) (Entered: 07/23/2009)

AMENDED complaint by Malcolm Patton, Melvin Phillips, John Smentek against all defendants (Flaxman, Kenneth) (Entered: 07/30/2009)

MOTION by Plaintiffs John Smentek, Malcolm Patton, Melvin Phillips to certify class [amended] (Flaxman, Kenneth) (Entered: 07/30/2009)

MINUTE entry before the Honorable Joan H. Lefkow:Court ruled on plaintiffs motion.... 19 . Plaintiffs motion to add plaintiffs and for leave to file amended complaint and amended motion for class certification 19 is granted. (Duplicate motion 18 is moot.) Defendants to answer or otherwise plead to amended complaint 19 on or before 8/20/2009. Mailed notice (ef, ) (Entered: 08/03/2009)

ANSWER to amended complaint by Sheriff of Cook County, Cook County, Illinois(Gallagher, Michael) (Entered: 08/19/2009)

NOTICE by Sheriff of Cook County, Cook County, Illinois re answer to amended complaint 27 (Gallagher, Michael) (Entered: 08/19/2009)

MINUTE entry before the Honorable Joan H. Lefkow: Status hearing set for 9/8/2009 at 10:00 AM.Mailed notice (mad, ) (Entered: 08/27/2009)

MOTION by Plaintiff Melvin Phillips for leave to file supplement to complaint and to amend proposed class definition (Flaxman, Kenneth) (Entered: 09/04/2009)

MOTION by Plaintiff Melvin Phillips for temporary restraining order and to set hearing on application for preliminary injunction (Flaxman, Kenneth) (Entered: 09/04/2009)

NOTICE of Motion by Kenneth N Flaxman for presentment of motion for leave to file 30 before Honorable Joan H. Lefkow on 9/10/2009 at 09:30 AM. (Flaxman, Kenneth) (Entered: 09/04/2009)

NOTICE of Motion by Kenneth N Flaxman for presentment of motion for temporary restraining order 31 before Honorable Joan H. Lefkow on 9/10/2009 at 09:30 AM. (Flaxman, Kenneth) (Entered: 09/04/2009)

MINUTE entry before the Honorable Joan H. Lefkow:Status hearing held on 9/8/2009 and continued to 9/17/2009 at 10:00 AM. Plaintiff's motion for temporary restraining order 31 is continued to 9/17/2009 at 10:00 AM. Plaintiff's motion for leave to file supplement to complaint and to amend proposed class definition 30 is granted. Plaintiff shall file amended complaint by 9/9/2009; defendant to answer or otherwise plead by 9/23/2009. Defendant's oral motion to extend time to 10/6/2009 to respond to plaintiff's amended motion for class certification 27 is granted. Mailed notice (mad, ) (Entered: 09/08/2009)

SECOND AMENDED complaint by John Smentek, Malcolm Patton, Melvin Phillips against all defendants (Flaxman, Kenneth) (Entered: 09/08/2009)

MINUTE entry before the Honorable Joan H. Lefkow:Motion hearing held on 9/17/2009 regarding plaintiff's motion for temporary restraining order 31 held and continued to 9/29/2009 at 09:30 AM. Status hearing held on 9/17/2009. Scheduling Conference set for 10/22/2009 at 09:30 AM.Mailed notice (mad, ) (Entered: 09/22/2009)

ANSWER to amended complaint Second amended by Sheriff of Cook County, Cook County, Illinois(Gallagher, Michael) (Entered: 09/22/2009)

NOTICE by Sheriff of Cook County, Cook County, Illinois re answer to amended complaint 37 (Gallagher, Michael) (Entered: 09/22/2009)

MINUTE entry before the Honorable Joan H. Lefkow:Plaintiff's motion hearing for temporary restraining order and to set hearing on application for preliminary injunction 31 reset for 10/22/2009 at 09:30 AM by agreement.Telephoned notice (mad, ) (Entered: 09/28/2009)

RESPONSE by Defendants Sheriff of Cook County, Cook County, Illinois to motion to certify class 25 (Attachments: # 1 Exhibit I, Plaintiff's Motion for Class Certification, # 2 Exhibit II, Permission to Appeal, # 3 Exhibit III, Permission to Appeal, # 4 Exhibit IV, Smith Order, # 5 Exhibit V, Wrightsell Order, # 6 Exhibit VI, Defendants Response (Smith), # 7 Exhibit VII, Defendants Response (Wrightsell), # 8 Exhibit VIII, Duran Consent Decree, # 9 Exhibit IX, John Howard Association Monitor Report, # 10 Exhibit X, Townsend Affidavit)(Gallagher, Michael) (Entered: 10/07/2009)

2 Exhibit I, Plaintiff's Motion for Class Certification

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3 Exhibit II, Permission to Appeal

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4 Exhibit III, Permission to Appeal

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5 Exhibit IV, Smith Order

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6 Exhibit V, Wrightsell Order

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7 Exhibit VI, Defendants Response (Smith)

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8 Exhibit VII, Defendants Response (Wrightsell)

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9 Exhibit VIII, Duran Consent Decree

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10 Exhibit IX, John Howard Association Monitor Report

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11 Exhibit X, Townsend Affidavit

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RESPONSE by Defendants Sheriff of Cook County, Cook County, Illinois CORRECTED (Attachments: # 1 Exhibit I, Plaintiff's Motion for Class Certification, # 2 Exhibit II, Permission to Appeal, # 3 Exhibit III, Permission to Appeal, # 4 Exhibit IV, Smith Order, # 5 Exhibit V, Wrightsell Order, # 6 Exhibit VI, Defendants' Response (Smith), # 7 Exhibit VII, Defendants' Response (Wrightsell), # 8 Exhibit VIII, Duran Consent Decree, # 9 Exhibit IX, John Howard Association Monitor Report, # 10 Exhibit X, Townsend Affidavit)(Gallagher, Michael) (Entered: 10/08/2009)

1 Exhibit I, Plaintiff's Motion for Class Certification

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2 Exhibit II, Permission to Appeal

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3 Exhibit III, Permission to Appeal

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4 Exhibit IV, Smith Order

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5 Exhibit V, Wrightsell Order

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6 Exhibit VI, Defendants' Response (Smith)

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7 Exhibit VII, Defendants' Response (Wrightsell)

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8 Exhibit VIII, Duran Consent Decree

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9 Exhibit IX, John Howard Association Monitor Report

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10 Exhibit X, Townsend Affidavit

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NOTICE by Sheriff of Cook County, Cook County, Illinois (Gallagher, Michael) (Entered: 10/08/2009)

MINUTE entry before the Honorable Joan H. Lefkow:Motion hearing held on 10/22/2009. Plaintiff's motion for temporary restraining order and to set hearing on application for preliminary injunction 31 is withdrawn. Reply in support of plaintiff's motion to certify class 25 is due by 11/17/2009. Status hearing held on 10/22/2009 and continued to 11/17/2009 at 09:30 AM. Mailed notice (mad, ) (Entered: 10/22/2009)

MINUTE entry before the Honorable Joan H. Lefkow:Status hearing held on 11/17/2009 and continued to 1/14/2010 at 09:30 AM. Mailed notice (mad, ) (Entered: 11/18/2009)

MINUTE entry before Honorable Joan H. Lefkow:Status hearing held on 1/14/2010 and continued to 4/1/2010 at 09:30 AM.Mailed notice (mad, ) (Entered: 01/14/2010)

MINUTE entry before Honorable Joan H. Lefkow:Plaintiffs' motion for class certification 25 is denied without prejudice subject to refiling after the Court of Appeals rules in Wrightsell v. Cook County, No. 09-2634.Mailed notice (mad, ) (Entered: 01/27/2010)

MINUTE entry before Honorable Joan H. Lefkow:The time of the status hearing on 4/1/2010 is reset to 08:30 AM.Mailed notice (mad, ) (Entered: 03/30/2010)

MINUTE entry before Honorable Joan H. Lefkow:Status hearing held on 4/1/2010. Plaintiff given leave to add additional plaintiffs and file motion for leave to file amended complaint and motion for class certification with agreed briefing schedule by 5/20/2010.Mailed notice (mad, ) (Entered: 04/01/2010)

MOTION by Plaintiffs Malcolm Patton, Melvin Phillips, John Smentek, Rodell Sanders, Frank Powicki to amend/correct amended complaint 35 [third amended complaint] (Flaxman, Kenneth) (Entered: 05/20/2010)

MOTION by Plaintiffs Malcolm Patton, Melvin Phillips, Frank Powicki, Rodell Sanders, John Smentek to certify class (Attachments: # 1 Exhibit all exhibits)(Flaxman, Kenneth) (Entered: 05/20/2010)

2 Exhibit all exhibits

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MINUTE entry before Honorable Joan H. Lefkow:Enter agreed briefing schedule as to plaintiffs' motion to certify class 50, and plaintiffs' motion for leave to file third amended complaint 49 ; responses due by 6/17/2010; replies due by 7/1/2010; ruling will issue by mail.Mailed notice (mad, ) (Entered: 05/21/2010)

MOTION by Defendants Cook County, Illinois, Sheriff of Cook County for extension of time to file response/reply as to motion to certify class 50 (Gallagher, Michael) (Entered: 06/11/2010)

NOTICE of Motion by Michael L. Gallagher for presentment of motion for extension of time to file response/reply, motion for relief 52 before Honorable Joan H. Lefkow on 6/17/2010 at 08:30 AM. (Gallagher, Michael) (Entered: 06/11/2010)

MINUTE entry before Honorable Joan H. Lefkow:Defendants' motion 52 for extension of time to 7/1/2010 to file response to motion to certify class 50 is granted. Reply due by 7/15/2010.Mailed notice (mad, ) (Entered: 06/17/2010)

RESPONSE by Cook County, Illinois, Sheriff of Cook Countyin Opposition to MOTION by Plaintiffs Malcolm Patton, Melvin Phillips, Frank Powicki, Rodell Sanders, John Smentek to certify class 50 (Attachments: # 1 Exhibit Plaintiffs' Third Amended Motion for class certification, # 2 Exhibit Smith's 23(f) Petition to appeal, # 3 Exhibit Wrightsell's 23(f) Petition to appeal, # 4 Exhibit 7th Circuit's order on Smith's Petition, # 5 Exhibit 7th Circuit's order on Wrightsell's Petition, # 6 Exhibit Defendants' Response to Smith's Petition, # 7 Exhibit Defendants' Response to Wrightsell's Petition, # 8 Exhibit CRIPA Agreed Order, # 9 Exhibit CRIPA Complaint, # 10 Exhibit Dr. Townsend's Affidavit)(Gallagher, Michael) (Entered: 07/01/2010)

1 Exhibit Plaintiffs' Third Amended Motion for class certification

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2 Exhibit Smith's 23(f) Petition to appeal

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3 Exhibit Wrightsell's 23(f) Petition to appeal

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4 Exhibit 7th Circuit's order on Smith's Petition

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5 Exhibit 7th Circuit's order on Wrightsell's Petition

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6 Exhibit Defendants' Response to Smith's Petition

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7 Exhibit Defendants' Response to Wrightsell's Petition

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8 Exhibit CRIPA Agreed Order

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9 Exhibit CRIPA Complaint

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10 Exhibit Dr. Townsend's Affidavit

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NOTICE by Cook County, Illinois, Sheriff of Cook County re response in opposition to motion,,, 55 (Gallagher, Michael) (Entered: 07/01/2010)

REPLY by Malcolm Patton, Melvin Phillips, Frank Powicki, Rodell Sanders, John Smentek to response in opposition to motion,,, 55 for class certification (Flaxman, Kenneth) (Entered: 07/15/2010)

MOTION by Plaintiffs Malcolm Patton, Melvin Phillips, Frank Powicki, Rodell Sanders, John Smentek to supplement memorandum in support of motion for class certification (Flaxman, Kenneth) (Entered: 07/21/2010)

NOTICE of Motion by Kenneth N Flaxman for presentment of motion to supplement 58 before Honorable Joan H. Lefkow on 7/29/2010 at 08:30 AM. (Flaxman, Kenneth) (Entered: 07/21/2010)

MINUTE entry before Honorable Joan H. Lefkow:Plaintiff's motion for leave to file supplemental memorandum in support of motion for class certification 58 is granted.Mailed notice (mad, ) (Entered: 07/30/2010)

RESPONSE by Cook County, Illinois, Sheriff of Cook Countyin Opposition to MOTION by Plaintiffs Malcolm Patton, Melvin Phillips, Frank Powicki, Rodell Sanders, John Smentek to certify class 50 Supplemental (Attachments: # 1 Exhibit Portis v. City of Chicago Opinion)(Gallagher, Michael) (Entered: 08/02/2010)

2 Exhibit Portis v. City of Chicago Opinion

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NOTICE by Cook County, Illinois, Sheriff of Cook County re response in opposition to motion, 61 (Gallagher, Michael) (Entered: 08/02/2010)

MINUTE entry before Honorable Joan H. Lefkow:Plaintiff's motion for leave to file third amended complaint 49 is granted.Mailed notice (mad, ) (Entered: 11/05/2010)

MOTION by Defendants Cook County, Illinois, Sheriff of Cook County to supplement their response to Plaintiffs' motion for class certification (Attachments: # 1 Exhibit 7th Circuit Opinion in Thorogood v. Sears Roebuck)(Gallagher, Michael) (Entered: 11/10/2010)

1 Exhibit 7th Circuit Opinion in Thorogood v. Sears Roebuck

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NOTICE of Motion by Michael L. Gallagher for presentment of motion to supplement, 64 before Honorable Joan H. Lefkow on 11/16/2010 at 08:30 AM. (Gallagher, Michael) (Entered: 11/10/2010)

MINUTE entry before Honorable Joan H. Lefkow:Defendants' motion 64 for leave to file a supplemental response to plaintiffs' third amended motion for class certification is granted.Mailed notice (mad, ) (Entered: 11/16/2010)

MINUTE entry before Honorable Joan H. Lefkow:Enter Opinion and Order. For the reasons stated in the Opinion and Order, plaintiffs' motion for class certification 50 is granted in part and denied in part. The court certifies a class under Rule 23(b)(2) defined as: All persons presently confined at the Cook County Jail who are experiencing dental pain and who have waited more than seven days after making a written request for treatment of that pain without having been examined by a dentist. Status is set for December 16, 2010 at 8:30 a.m. Plaintiffs' counsel will be expected to report on what relief he believes would be available that has not been achieved in United States v. Cook County, Case No.10 C 2946.Mailed notice (mad, ) (Entered: 11/18/2010)

OPINION AND ORDER Signed by the Honorable Joan H. Lefkow on 11/18/2010:Mailed notice(mad, )

MOTION by Defendants Cook County, Illinois, Sheriff of Cook County for reconsideration regarding memorandum opinion and order 68 (Gallagher, Michael) (Entered: 12/02/2010)

NOTICE of Motion by Michael L. Gallagher for presentment of motion for reconsideration, motion for relief 69 before Honorable Joan H. Lefkow on 12/16/2010 at 08:30 AM. (Gallagher, Michael) (Entered: 12/02/2010)

EXHIBIT by Defendants Cook County, Illinois, Sheriff of Cook County regarding MOTION by Defendants Cook County, Illinois, Sheriff of Cook County for reconsideration regarding memorandum opinion and order 68 69 (Attachments: # 1 Exhibit District Court's Opinion, # 2 Exhibit CRIPA Agreed Order, # 3 Exhibit CRIPA Complaint)(Gallagher, Michael) (Entered: 12/06/2010)

1 Exhibit District Court's Opinion

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2 Exhibit CRIPA Agreed Order

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3 Exhibit CRIPA Complaint

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MINUTE entry before Honorable Joan H. Lefkow:Defendants' motion for reconsideration 69 and status hearing reset for 1/13/2011 at 08:30 AM by agreement.Mailed notice (mad, ) (Entered: 12/17/2010)

MOTION by Plaintiffs Malcolm Patton, Melvin Phillips, Frank Powicki, Rodell Sanders, John Smentek to certify class [RENEWED] (Flaxman, Kenneth) (Entered: 01/07/2011)

NOTICE of Motion by Kenneth N Flaxman for presentment of motion to certify class 73 before Honorable Joan H. Lefkow on 1/13/2011 at 08:30 AM. (Flaxman, Kenneth) (Entered: 01/07/2011)

MINUTE entry before Honorable Joan H. Lefkow:Motion hearing held. Defendant's motion to reconsider 69 denied. Plaintiff's renewed motion for class certification 73 is denied. Status hearing held on 1/13/2011 and continued to 2/18/2011 at 01:30 PM.Mailed notice (mad, ) (Entered: 01/14/2011)

MINUTE entry before Honorable Joan H. Lefkow:Status conference and settlement conference held in chambers on 2/18/2011. Status hearing set for 4/19/2011 at 08:30 AM.Mailed notice (mad, ) (Entered: 02/22/2011)

MOTION by Plaintiff John Smentek for preliminary injunction schedule (Flaxman, Kenneth) (Entered: 04/11/2011)

NOTICE of Motion by Kenneth N Flaxman for presentment of motion for preliminary injunction 77 before Honorable Joan H. Lefkow on 4/21/2011 at 08:30 AM. (Flaxman, Kenneth) (Entered: 04/11/2011)

MINUTE entry before Honorable Joan H. Lefkow: Status hearing of 4/19/2011 reset for 4/21/2011 at 08:30 AM by agreement.Mailed notice (mad, ) (Entered: 04/15/2011)

RESPONSE by Cook County, Illinois, Sheriff of Cook Countyin Opposition to MOTION by Plaintiff John Smentek for preliminary injunction schedule 77 (Attachments: # 1 Exhibit)(Gallagher, Michael) (Entered: 04/20/2011)

1 Exhibit

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MINUTE entry before Honorable Joan H. Lefkow:Plaintiff's motion for preliminary injunction 77 is withdrawn. Status hearing held on 4/21/2011 and continued to 7/14/2011 at 08:30 AM.Mailed notice (mad, ) (Entered: 04/22/2011)

MOTION by Plaintiff John Smentek for reconsideration regarding order on motion to certify class, set/reset hearings,,,,,, 67 (Flaxman, Kenneth) (Entered: 06/16/2011)

NOTICE of Motion by Kenneth N Flaxman for presentment of motion for reconsideration, motion for relief, 82 before Honorable Joan H. Lefkow on 6/23/2011 at 08:30 AM. (Flaxman, Kenneth) (Entered: 06/16/2011)

MINUTE entry before Honorable Joan H. Lefkow:Response to plaintiff's motion for reconsideration of order denying Rule 23(b)(3) certification 82 due by 7/8/2011; reply due by 7/15/2011; ruling will issue by mail.Mailed notice (mad, ) (Entered: 06/23/2011)

MOTION by Defendants Cook County, Illinois, Sheriff of Cook County for extension of time to file response/reply as to motion for reconsideration, motion for relief, 82 (Gallagher, Michael) (Entered: 07/05/2011)

NOTICE of Motion by Michael L. Gallagher for presentment of motion for extension of time to file response/reply, motion for relief 85 before Honorable Joan H. Lefkow on 7/7/2011 at 08:30 AM. (Gallagher, Michael) (Entered: 07/05/2011)

MINUTE entry before Honorable Joan H. Lefkow:Defendants' motion for extension of time to 7/29/2011 to file response to motion to reconsider 85 is granted. Reply will be due by 8/5/2011.Mailed notice (mad, ) (Entered: 07/06/2011)

MINUTE entry before Honorable Joan H. Lefkow: Status hearing of 7/14/2011 stricken and reset for 9/8/2011 at 08:30 AM.Mailed notice (mad, ) (Entered: 07/12/2011)

RESPONSE by Cook County, Illinois, Sheriff of Cook Countyin Opposition to MOTION by Plaintiff John Smentek for reconsideration regarding order on motion to certify class, set/reset hearings,,,,,, 67 82 (Attachments: # 1 Exhibit Court's order denying class certification, # 2 Exhibit Plaintiffs' motion to reconsider)(Gallagher, Michael) (Entered: 07/29/2011)

1 Exhibit Court's order denying class certification

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2 Exhibit Plaintiffs' motion to reconsider

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NOTICE by Cook County, Illinois, Sheriff of Cook County re response in opposition to motion, 89 (Gallagher, Michael) (Entered: 07/29/2011)

REPLY by Plaintiffs Malcolm Patton, Melvin Phillips, Frank Powicki, Rodell Sanders, John Smentek to response in opposition to motion, 89 (Flaxman, Kenneth) (Entered: 08/05/2011)

MINUTE entry before Honorable Joan H. Lefkow: Pursuant to Opinion and Order, dated 8/17/2011, The motion for certification of a class under Rule 23(b)(3) is granted. This case will be called for a status hearing and scheduling conference on September 8, 2011 at 8:30. The parties should have a proposed class notice prepared and a schedule that is focused on bringing this aging case to as expeditious a conclusion as practicable. Mailed notice. [For further detail see separate order(s).] (ea, ) (Entered: 08/19/2011)

OPINION AND ORDER, Signed by the Honorable Joan H. Lefkow on 8/17/2011.(ea, ) (Entered: 08/19/2011)

MINUTE entry before Honorable Joan H. Lefkow:Status hearing held on 9/8/2011. Class to be identified by 11/10/2011. Scheduling conference and status hearing set for 11/17/2011 at 08:30 AM.Mailed notice (mad, ) (Entered: 09/09/2011)

CERTIFIED Copy of Order from the Seventh Circuit 11-8022: It Is Ordered that the petition is Granted to the extent that the court will permit an appeal on the sole issue that follows: when should a district court on deciding a motion for class certification defer, based on the principles of comity, to a sister court's ruling on a motion for certification of a similar class. See Smith v. Bayer Corp., 131 S. Ct. 2368, 2382 (2011). Petitioners shall pay the required appellate fees to the clerk of the district within 14 days from the entry of this order pursuant to Federal Rule of Appellate Procedure 5(d)(1). Once the district court notifies this court that the fees have been paid, the appeal will be entered on this court's general docket and briefing will be set. (Entered: 09/19/2011)

PURSUANT USCA order dated 10/4/11 this document is being filed as a NOTICE of appeal by Thomas J. Dart, Sheriff of Cook Co. regarding orders 92, 93 Filing fee $ 455.00. Receipt # 4624067658. (dj, ) Modified on 10/5/2011 (dj, ). (Entered: 10/05/2011)

NOTICE of Appeal Due letter sent to counsel of record (dj, ) (Entered: 10/05/2011)

TRANSMITTED to the 7th Circuit the short record on notice of appeal 97 . Notified counsel (dj, ) (Entered: 10/05/2011)

ACKNOWLEDGEMENT of receipt of short record on appeal regarding notice of appeal 97 ; USCA Case No. 11-3261. (tlm) (Entered: 10/05/2011)