Case: ACLU of Illinois v. Alvarez

U.S. Court of Appeals for the Seventh Circuit

U.S. Court of Appeals for the Seventh Circuit

CASE ASSIGNED to the Honorable Suzanne B. Conlon. Designated as Magistrate Judge the Honorable Sidney I. Schenkier. (jn, ) (Entered: 08/19/2010)

SUMMONS Issued as to Defendant Anita Alvarez. (ef, ) (Entered: 08/19/2010)

COMPLAINT filed by American Civil Liberties Union of Illinois; Filing fee $ 350, receipt number 0752-5133594.(Schwartz, Adam) (Entered: 08/19/2010)

CIVIL Cover Sheet (Schwartz, Adam) (Entered: 08/19/2010)

ATTORNEY Appearance for Plaintiff American Civil Liberties Union of Illinois by Adam D. Schwartz (Schwartz, Adam) (Entered: 08/19/2010)

ATTORNEY Appearance for Plaintiff American Civil Liberties Union of Illinois by Harvey Michael Grossman (Grossman, Harvey) (Entered: 08/19/2010)

ATTORNEY Appearance for Plaintiff American Civil Liberties Union of Illinois by Karen A. Sheley (Sheley, Karen) (Entered: 08/19/2010)

ATTORNEY Appearance for Plaintiff American Civil Liberties Union of Illinois by Richard J. O'Brien (O'Brien, Richard) (Entered: 08/19/2010)

ATTORNEY Appearance for Plaintiff American Civil Liberties Union of Illinois by Linda Robin Friedlieb (Friedlieb, Linda) (Entered: 08/19/2010)

ATTORNEY Appearance for Plaintiff American Civil Liberties Union of Illinois by Matthew D Taksin (Taksin, Matthew) (Entered: 08/19/2010)

SUMMONS Returned Executed by American Civil Liberties Union of Illinois as to Anita Alvarez on 8/19/2010, answer due 9/9/2010. (Schwartz, Adam) (Entered: 08/19/2010)

MINUTE entry before Honorable Suzanne B. Conlon: Status hearing set for October 13, 2010 at 09:00 A.M. At the status hearing, the parties are to report on 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 directed to advise all other parties of the courts action herein and to forward a copy of the courts procedure guidelines to defendant(s). The standing order on case management procedures is available on the courts website at www.ilnd.uscourts.gov/JUDGE/CONLON/sbcpage.htm or can be picked up from the courtroom deputy in room 1744. Mailed notice(air, ) (Entered: 08/23/2010)

ATTORNEY Appearance for Defendant Anita Alvarez by James Charles Pullos (Pullos, James) (Entered: 08/27/2010)

ATTORNEY Appearance for Defendant Anita Alvarez by Patrick T. Driscoll, Jr (Driscoll, Patrick) (Entered: 08/30/2010)

ATTORNEY Appearance for Defendant Anita Alvarez by Paul Anthony Castiglione (Castiglione, Paul) (Entered: 08/30/2010)

ATTORNEY Appearance for Defendant Anita Alvarez by Donald J. Pechous (Pechous, Donald) (Entered: 08/30/2010)

ATTORNEY Appearance for Defendant Anita Alvarez by Jeffrey S. McCutchan (McCutchan, Jeffrey) (Entered: 08/31/2010)

MOTION by Plaintiff American Civil Liberties Union of Illinois for preliminary injunction (O'Brien, Richard) (Entered: 09/03/2010)

NOTICE of Motion by Richard J. O'Brien for presentment of motion for preliminary injunction 16 before Honorable Suzanne B. Conlon on 9/9/2010 at 09:00 AM. (O'Brien, Richard) (Entered: 09/03/2010)

MEMORANDUM by American Civil Liberties Union of Illinois in support of motion for preliminary injunction 16 (Attachments: # 1 Exhibit Ex. A, # 2 Exhibit Ex. B, # 3 Exhibit Ex. C-1, # 4 Exhibit Ex. C-2, # 5 Exhibit Ex. C, # 6 Exhibit Ex. D, # 7 Exhibit Ex. E)(O'Brien, Richard) (Entered: 09/03/2010)

1 Exhibit Ex. A

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2 Exhibit Ex. B

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3 Exhibit Ex. C-1

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4 Exhibit Ex. C-2

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5 Exhibit Ex. C

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6 Exhibit Ex. D

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7 Exhibit Ex. E

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MOTION by Defendant Anita Alvarez to dismiss (Pullos, James) (Entered: 09/09/2010)

NOTICE of Motion by James Charles Pullos for presentment of motion to dismiss 19 before Honorable Suzanne B. Conlon on 9/16/2010 at 09:00 AM. (Pullos, James) (Entered: 09/09/2010)

MINUTE entry before Honorable Suzanne B. Conlon: Plaintiff's motion for a preliminary injunction 16 is taken under advisement. Defendant's response due September 29, 2010. Plaintiff's reply due by October 6, 2010. Mailed notice(air, ) (Entered: 09/13/2010)

MINUTE entry before Honorable Suzanne B. Conlon: Motion to dismiss the plaintiff's complaint 19 is taken under advisement. Defendant's response due by October 6, 2010; plaintiff shall reply by October 13, 2010. Mailed notice(air, ) (Entered: 09/21/2010)

RESPONSE by Anita Alvarezin Opposition to MOTION by Plaintiff American Civil Liberties Union of Illinois for preliminary injunction 16 (Attachments: # 1 Notice of Filing)(Pullos, James) (Entered: 09/29/2010)

1 Notice of Filing

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MOTION by Plaintiff American Civil Liberties Union of Illinoisto file a Consolidated Brief (unopposed) (Grossman, Harvey) (Entered: 09/30/2010)

NOTICE of Motion by Harvey Michael Grossman for presentment of motion for miscellaneous relief 24 before Honorable Suzanne B. Conlon on 10/5/2010 at 09:00 AM. (Grossman, Harvey) (Entered: 09/30/2010)

MINUTE entry before Honorable Suzanne B. Conlon: Plaintiff's unopposed motion to file consolidated brief not exceeding 30 pages 24 is granted. Mailed notice(air, ) (Entered: 10/08/2010)

RESPONSE by American Civil Liberties Union of Illinoisin Opposition to MOTION by Defendant Anita Alvarez to dismiss 19 and Reply in Support of Motion for Preliminary Injunction [Dock. 16] (Attachments: # 1 Exhibit Ex. F, # 2 Exhibit Ex. G, # 3 Exhibit Ex. H, # 4 Exhibit Ex. I, # 5 Exhibit Ex. J, # 6 Exhibit Ex. K, # 7 Exhibit Ex. L, # 8 Exhibit Ex. M, # 9 Exhibit Ex. N, # 10 Exhibit Ex. O)(O'Brien, Richard) (Entered: 10/06/2010)

1 Exhibit Ex. F

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2 Exhibit Ex. G

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3 Exhibit Ex. H

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4 Exhibit Ex. I

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5 Exhibit Ex. J

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6 Exhibit Ex. K

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7 Exhibit Ex. L

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8 Exhibit Ex. M

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9 Exhibit Ex. N

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10 Exhibit Ex. O

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MOTION by Plaintiff American Civil Liberties Union of Illinois to File Supplemental Exhibit to Its Combined Reply Regarding Preliminary Injunction and Dismissal (Grossman, Harvey) (Entered: 10/07/2010)

NOTICE of Motion by Harvey Michael Grossman for presentment of motion for miscellaneous relief 27 before Honorable Suzanne B. Conlon on 10/13/2010 at 09:00 AM. (Grossman, Harvey) (Entered: 10/07/2010)

REPLY by Defendant Anita Alvarez to motion to dismiss 19 (Attachments: # 1 Notice of Filing)(Pullos, James) (Entered: 10/13/2010)

1 Notice of Filing

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MINUTE entry before Honorable Suzanne B. Conlon: Plaintiff's motion to file supplemental exhibit to its combined reply regarding preliminary injunction and dismissal 27 is granted. Status hearing set on October 13, 2010 is vacated pending disposition of the motions to dismiss 19 and for preliminary injunction 16 . Mailed notice(air, ) (Entered: 10/13/2010)

MINUTE entry before Honorable Suzanne B. Conlon: Defendant's motion to dismiss 19 is granted. Plaintiff's preliminary injunction motion 16 is moot. ENTER MEMORANDUM OPINION AND ORDER. Mailed notice(air, ) (Entered: 10/28/2010)

MEMORANDUM Opinion and Order Signed by the Honorable Suzanne B. Conlon on 10/28/2010:Mailed notice(air, ) (Entered: 10/28/2010)

ENTERED JUDGMENT Signed by the Honorable Suzanne B. Conlon on 10/28/2010:Mailed notice(air, ) (Entered: 10/28/2010)

MOTION by Plaintiff American Civil Liberties Union of Illinois to alter judgment, to file an amended complaint, and for a preliminary injunction (O'Brien, Richard) (Entered: 11/18/2010)

MEMORANDUM by American Civil Liberties Union of Illinois in support of motion to alter judgment 35, to file an amended complaint, and for a preliminary injunction (Attachments: # 1 Exhibit Ex. 1 - Amended complaint, # 2 Exhibit Ex. 2 - Connell Declaration (with attached Exhibits A through I), # 3 Exhibit Ex. 3 - Carter Declaration)(O'Brien, Richard) (Entered: 11/18/2010)

1 Exhibit Ex. 1 - Amended complaint

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2 Exhibit Ex. 2 - Connell Declaration (with attached Exhibits A through I)

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3 Exhibit Ex. 3 - Carter Declaration

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NOTICE of Motion by Richard J. O'Brien for presentment of motion to alter judgment 35 before Honorable Suzanne B. Conlon on 11/23/2010 at 09:00 AM. (O'Brien, Richard) (Entered: 11/18/2010)

MINUTE entry before Honorable Suzanne B. Conlon: The ACLUs motion to amend judgment, to file an amended complaint, and for a preliminary injunction 35 is taken under advisement. Defendant shall respond by December 10, 2010; plaintiffs reply due by December 17, 2010. The motion will not be heard as noticed on November 23, 2010.Mailed notice(air, ) (Entered: 11/19/2010)

RESPONSE by Anita Alvarezin Opposition to MOTION by Plaintiff American Civil Liberties Union of Illinois to alter judgment, to file an amended complaint, and for a preliminary injunction 35 (Attachments: # 1 Notice of Filing)(Pullos, James) (Entered: 12/10/2010)

1 Notice of Filing

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REPLY by Plaintiff American Civil Liberties Union of Illinois to motion to alter judgment 35 to file an amended complaint, and for a preliminary injunction (Schwartz, Adam) (Entered: 12/16/2010)

MINUTE entry before Honorable Suzanne B. Conlon: Plaintiff's motion to amend judgment and to file an amended complaint 35 is denied. Plaintiff's renewed motion for a preliminary injunction is moot. ENTER MEMORANDUM OPINION AND ORDER.Mailed notice(air, ) (Entered: 01/10/2011)

MEMORANDUM Opinion and Order Signed by the Honorable Suzanne B. Conlon on 1/10/2011.Mailed notice(air, ) (Entered: 01/10/2011)

NOTICE of appeal by American Civil Liberties Union of Illinois regarding orders 41 42, 33 34 . Filing fee $ 455, receipt number 0752-5674814. (O'Brien, Richard) (Entered: 02/04/2011)

NOTICE of Appeal Due letter sent to counsel of record (dj, ) (Entered: 02/04/2011)

TRANSMITTED to the 7th Circuit the short record on notice of appeal 43 . Notified counsel (dj, ) (Entered: 02/04/2011)

ACKNOWLEDGEMENT of receipt of short record on appeal regarding notice of appeal 43 ; USCA Case No. 11-1286. (smm) (Entered: 02/07/2011)

TRANSMITTED to the USCA for the 7th Circuit the long record on appeal 43 (USCA no. 11-1286) (dj, ) (Entered: 02/23/2011)

EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Sharon Johnson Coleman for all further proceedings. Case reassigned by lot pursuant to 28 USC 294(b). Signed by Executive Committee on 6/15/12.(smm) (Entered: 06/19/2012)

LETTER from the Seventh Circuit returning the record on appeal in USCA no. 11-1286 consisting of no record to be returned. (smm) (Entered: 06/25/2012)

MANDATE of USCA dated 6/22/12 regarding notice of appeal 43 ; USCA No. 11-1286. The judgment of the District Court is REVERSED, with costs, and the case is REMANDED with the following instructions: The district court shall reopen the case and allow the amended complaint; enter a preliminary injunction enjoining the State's Attorney from applying the Illinois eavesdropping statute against the ACLU and its employees or agents who openly audio record the audible communications of law-enforcement officers (or others whose communications are incidentally captured) when the officers are engaged in their official duties in public places; and conduct such further proceedings as are consistent with this court's opinion. The above is in accordance with the decision of this court entered on this date. (smm) (Entered: 06/25/2012)

CERTIFIED Copy of OPINION from the USCA for the 7th Circuit; Argued 9/13/11; Decided 5/8/12 in USCA case no. 11-1286. (smm) (Entered: 06/25/2012)

CERTIFIED copy of order dated 6/14/12 from the Seventh Circuit regarding notice of appeal 43 ; Appellate case no. : 11-1286. (smm) (Entered: 06/25/2012)

MOTION by Plaintiff American Civil Liberties Union of Illinois for preliminary injunction and entry of amended complaint (O'Brien, Richard) (Entered: 06/25/2012)

NOTICE of Motion by Richard J. O'Brien for presentment of motion for preliminary injunction 49 before Honorable Sharon Johnson Coleman on 7/3/2012 at 08:45 AM. (O'Brien, Richard) (Entered: 06/25/2012)

ATTORNEY Appearance for Plaintiff American Civil Liberties Union of Illinois by Robert Douglas Leighton (Leighton, Robert) (Entered: 06/25/2012)

MOTION by Plaintiff American Civil Liberties Union of Illinois for summary judgment (O'Brien, Richard) (Entered: 06/26/2012)

MEMORANDUM by American Civil Liberties Union of Illinois in support of motion for summary judgment 56 (O'Brien, Richard) (Entered: 06/26/2012)

RULE 56.1(a)(3) Statement by American Civil Liberties Union of Illinois regarding motion for summary judgment 56 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(O'Brien, Richard) (Entered: 06/26/2012)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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10 Exhibit 10

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11 Exhibit 11

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12 Exhibit 12

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NOTICE of Motion by Richard J. O'Brien for presentment of motion for summary judgment 56 before Honorable Sharon Johnson Coleman on 7/3/2012 at 08:45 AM. (O'Brien, Richard) (Entered: 06/26/2012)

MANDATE of USCA dated 6/22/12 regarding notice of appeal 43 ; USCA No. 11-1286. (smm) (Entered: 07/02/2012)

MOTION by Defendant Anita Alvarez to stay Proceedings, or Alternatively, to Stay Briefing of Plaintiff's Motion for Summary Judgment to Allow Discovery (Attachments: # 1 Exhibit A, Affidavit of James C. Pullos)(Pullos, James) (Entered: 06/28/2012)

1 Exhibit A, Affidavit of James C. Pullos

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NOTICE of Motion by James Charles Pullos for presentment of motion to stay 60 before Honorable Sharon Johnson Coleman on 7/3/2012 at 08:45 AM. (Pullos, James) (Entered: 06/28/2012)

MEMORANDUM by American Civil Liberties Union of Illinois in Opposition to motion to stay 60 (O'Brien, Richard) (Entered: 07/02/2012)

MINUTE entry before Honorable Sharon Johnson Coleman: Motion hearing held on 7/3/2012. Plaintiff's motion for preliminary injunction and entry of amended complaint 49 is granted. Enter Preliminary Injunction and Other Relief. Defendant's motion to stay 60 is taken under advisement. Ruling will be forthcoming within the next week. Plaintiff's motion for summary judgment 56 is entered and continued pending the ruling on the defendant's motion to stay.Mailed notice (rth, ) (Entered: 07/06/2012)

PRELIMINARY INJUNCTION Signed by the Honorable Sharon Johnson Coleman on 7/6/2012:Mailed notice(rth, ) (Entered: 07/06/2012)

AMENDED complaint by American Civil Liberties Union of Illinois against Anita Alvarez (O'Brien, Richard) (Entered: 07/10/2012)

MINUTE entry before Honorable Sharon Johnson Coleman: A motion hearing was held on July 3, 2012, on defendant Anita Alvarez' Motion to Stay the Proceedings orAlternatively to Stay Briefing of Plaintiff's Motion for Summary Judgment to Allow Discovery. For the reasons stated herein, this Court grants Alvarez' Motion to Stay pending the filing of a Writ of Certiorari. Status hearing set to 10/29/2012 at 9:00 a.m.Mailed notice (rth, ) (Entered: 07/10/2012)

TRANSCRIPT OF PROCEEDINGS held on 7/3/12 before the Honorable Sharon Johnson Coleman. Court Reporter Contact Information: Tracey D. McCullough, 312-435-5570, tracey_mccullough@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 11/13/2012. Redacted Transcript Deadline set for 11/23/2012. Release of Transcript Restriction set for 1/21/2013. (Mccullough, Tracey) (Entered: 10/22/2012)

MINUTE entry before Honorable Sharon Johnson Coleman: Status hearing set for 10/29/2012 is stricken and reset to 12/10/2012 at 09:00 AM.Mailed notice (rth, ) (Entered: 10/24/2012)

MOTION by Plaintiffs The American Civil Liberties Union of Illinois, Allison Carter, Colleen Connell for summary judgment renewed (Grossman, Harvey) (Entered: 11/26/2012)

NOTICE of Motion by Harvey Michael Grossman for presentment of motion for summary judgment 70 before Honorable Sharon Johnson Coleman on 11/29/2012 at 08:45 AM. (Grossman, Harvey) (Entered: 11/26/2012)

MINUTE entry before Honorable Sharon Johnson Coleman: Motion hearing held on 11/29/2012. On plaintiff's renewed motion for summary judgment 70, response due by 1/4/2013. Reply due by 1/18/2013. Defendant's reply to its motion to stay to allow for discovery 60 due by 12/13/2012.Mailed notice (rth, ) (Entered: 12/02/2012)

MOTION by Defendant Anita Alvarez To Advance This Matter For Status Hearing (Attachments: # 1 Exhibit A, Proposed Order)(Pullos, James) (Entered: 12/03/2012)

1 Exhibit A, Proposed Order

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NOTICE of Motion by James Charles Pullos for presentment of motion for miscellaneous relief 73 before Honorable Sharon Johnson Coleman on 12/6/2012 at 08:45 AM. (Pullos, James) (Entered: 12/03/2012)

MINUTE entry before Honorable Sharon Johnson Coleman: Defendant's motion to advance this matter for status hearing 73 is granted. Status hearing set to 12/10/2012 shall stand. No appearance is necessary on 12/6/2012.Mailed notice (rth, ) (Entered: 12/04/2012)

RESPONSE by Plaintiffs Allison Carter, Colleen Connell, The American Civil Liberties Union of Illinois to Defendant's Motion to Advance This Matter for Status Hearing regarding entry 73 (Attachments: # 1 Exhibit A)(Leighton, Robert) (Docket Text Modified by Clerk's Office on 12/6/2012) (np, ). (Entered: 12/06/2012)

1 Exhibit A

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MINUTE entry before Honorable Sharon Johnson Coleman: Status hearing held on 12/10/2012 at which the defendant informed the Court that it will not oppose the plaintiff's motion for summary judgment and the entry of a permanent injunction. The Court will issue its Memorandum Opinion and Order within seven days.Mailed notice (rth, ) (Entered: 12/13/2012)

MINUTE entry before Honorable Sharon Johnson Coleman: Based on the foregoing, this Court grants the ACLU's Motion for Summary Judgment and a permanent injunction will issue in separate Order. Enter Memorandum Opinion and Order.Mailed notice (rth, ) (Entered: 12/21/2012)

MEMORANDUM Opinion and Order Signed by the Honorable Sharon Johnson Coleman on 12/18/2012:Mailed notice(rth, ) (Entered: 12/21/2012)

MOTION by Plaintiffs Allison Carter, Colleen Connell, The American Civil Liberties Union of Illinois for Entry of Proposed Final Order (Attachments: # 1 Exhibit 1 - Proposed order)(Schwartz, Adam) (Entered: 01/09/2013)

1 Exhibit 1 - Proposed order

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NOTICE of Motion by Adam D. Schwartz for presentment of motion for miscellaneous relief 80 before Honorable Sharon Johnson Coleman on 1/15/2013 at 08:45 AM. (Schwartz, Adam) (Entered: 01/09/2013)

MINUTE entry before Honorable Sharon Johnson Coleman: Plaintiffs' motion for entry of proposed final order 80 is granted. Enter Order.Mailed notice (rth, ) (Entered: 01/14/2013)

ORDER Signed by the Honorable Sharon Johnson Coleman on 1/14/2013:Mailed notice(rth, ) (Entered: 01/14/2013)

ENTERED JUDGMENT Signed on 1/14/2013:Mailed notice(rth, ) (Entered: 02/07/2013)

TRANSCRIPT OF PROCEEDINGS held on 11/29/12 before the Honorable Sharon Johnson Coleman. Court Reporter Contact Information: TRACEY D. McCULLOUGH, 312-435-5570, Tracey_Mccullough@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 2/21/2013. Redacted Transcript Deadline set for 3/4/2013. Release of Transcript Restriction set for 5/1/2013. (Mccullough, Tracey) (Entered: 01/31/2013)

BILL of Costs (Attachments: # 1 Exhibit A - Filing fees itemization & receipts, # 2 Exhibit B - Transcripts itemization & receipts, # 3 Exhibit C - Copying itemization & receipts)(Schwartz, Adam) (Entered: 02/08/2013)

1 Exhibit A - Filing fees itemization & receipts

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2 Exhibit B - Transcripts itemization & receipts

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3 Exhibit C - Copying itemization & receipts

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COSTS Taxed in favor of American Civil Liberties Union of Illinois, et al. in amount of $ 2,432.19 and against Anita Alvarez. (Exhibits) (mgh,). (Entered: 02/26/2013)

MOTION by Plaintiffs Allison Carter, Colleen Connell, The American Civil Liberties Union of Illinois for attorney fees UNOPPOSED (Attachments: # 1 Text of Proposed Order)(Schwartz, Adam) (Entered: 02/28/2013)

1 Text of Proposed Order

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NOTICE of Motion by Adam D. Schwartz for presentment of motion for attorney fees 88 before Honorable Sharon Johnson Coleman on 3/6/2013 at 08:45 AM. (Schwartz, Adam) (Entered: 02/28/2013)

MINUTE entry before Honorable Sharon Johnson Coleman: Plaintiff's unopposed motion for attorney fees, costs and expenses 88 is granted. County of Cook, on behalf of Anita Alvarez, in her official capacity as Cook County State's Attorney, is to pay plaintiff the sum of $645,549 for all attorney fees, taxable costs, and nontaxable expenses in this case. Enter Order.Mailed notice (rth, ) (Entered: 03/05/2013)

ORDER Signed by the Honorable Sharon Johnson Coleman on 3/5/2013:Mailed notice(rth, ) (Entered: 03/05/2013)

ENTERED IN ERROR (pjg, ). (Entered: 03/26/2015)

NOTICE of Correction regarding document number 92 (pjg, ) (Entered: 03/26/2015)