Case: Bielicki v. City of Chicago

1:97-cv-01471 | U.S. District Court for the Northern District of Illinois

Filed Date: March 4, 1997

Closed Date: March 10, 1998

Clearinghouse coding complete

Case Summary

On March 4, 1997 a policewoman filed suit against the City of Chicago for its failure to pay her medical bills relating to infertility treatments and additional medical expenses relating to her pregnancy. The complaint alleged that Chicago had violated the American with Disabilities Act (ADA) and Title VII of the Civil Rights Act and had also breached its health insurance contract.On May 8th, 2007 the District Court for the Northern District of Illinois, Eastern Division (Judge Suzanne B. Conl…

On March 4, 1997 a policewoman filed suit against the City of Chicago for its failure to pay her medical bills relating to infertility treatments and additional medical expenses relating to her pregnancy. The complaint alleged that Chicago had violated the American with Disabilities Act (ADA) and Title VII of the Civil Rights Act and had also breached its health insurance contract.

On May 8th, 2007 the District Court for the Northern District of Illinois, Eastern Division (Judge Suzanne B. Conlon), denied the city's motion to dismiss, holding that the ADA prohibits an employer from discriminating against anyone with a disability and defines a disability as a physical impairment that limits one or more major life functions. The district court ruled that infertility qualified as a disability under the ADA.

While the plaintiff's motion to certify a class of similarly situated persons was pending, the parties engaged in settlement negotiations. A class-wide settlement was reached, though the class was not formally certified, and filed with the court on November 4, 1997. Under the settlement the City agreed to pay for future infertility treatments and partially cover such claims made by employees in the previous ten years. The case was closed on March 10, 1998 when the court approved a final settlement awarding plaintiff $110,000 for attorney's fees and $2000 for costs.

Summary Authors

Michael Perry (6/8/2010)

People


Judge(s)

Conlon, Suzanne B. (Illinois)

Attorney for Plaintiff

Angelucci, Margaret Ann (Illinois)

Collins, Patricia Anne (Illinois)

Feinberg, Stephen Jay (Illinois)

Gittler, Marvin (Illinois)

Attorney for Defendant

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Documents in the Clearinghouse

Document

1:97-cv-01471

Docket

March 10, 1998

March 10, 1998

Docket
19

1:97-cv-01471

Memorandum Opinion and Order(Denying defendant's motions to dismiss)

Bielicki v. Chicago

May 5, 1997

May 5, 1997

Order/Opinion

1997 WL 1997

Docket

Last updated Feb. 22, 2024, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT; jury demand − Civil cover sheet − Appearance(s) of Marvin Gittler, Margaret Ann Angelucci, Patricia Anne Collins as attorney(s) for plaintiff ( One summons(es) issued.) ( Documents: 1−1 through 1−3) (mak) (Entered: 03/05/1997)

March 4, 1997

March 4, 1997

RECEIPT regarding payment of filing fee paid; on 3/4/97 in the amount of $ 150.00, receipt # 489110. (mak) (Entered: 03/05/1997)

March 4, 1997

March 4, 1997

2

RETURN OF SERVICE executed upon defendant Chgo, Cty of on 3/5/97 (yap) (Entered: 03/06/1997)

March 5, 1997

March 5, 1997

3

MINUTE ORDER of 3/11/97 by Hon. Suzanne B. Conlon : Status hearing set to 9:00 a.m. 3/27/97. 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 court's action herein and to forward a copy of the court's procedure guidelines to defendant(s). Mailed notice (mak) (Entered: 03/12/1997)

March 11, 1997

March 11, 1997

SCHEDULE set on 3/17/97 by Hon. Suzanne B. Conlon : Status hearing set for 3/27/97 is reset to 9:00 a.m. 4/9/97 . Mailed notice (smm) (Entered: 03/17/1997)

March 17, 1997

March 17, 1997

4

ATTORNEY APPEARANCE for defendant by Susan S. Sher, Barbara Smith, George Ronald Thomson (mak) (Entered: 03/25/1997)

March 24, 1997

March 24, 1997

5

MOTION by defendant for leave to file its motion to dismiss instanter ; Notice of filing and of motion (mak) (Entered: 03/31/1997)

March 24, 1997

March 24, 1997

6

MINUTE ORDER of 3/27/97 by Hon. Suzanne B. Conlon : Status hearing held. Discovery ordered closed on 8/27/97 . Motion dispositive is due 8/27/97 . Pretrial order to be submitted on 9:00 9/11/97 . Mailed notice (mak) (Entered: 03/31/1997)

March 27, 1997

March 27, 1997

7

MOTION by defendant to dismiss ; Notice of filing. (mak) (Entered: 03/31/1997)

March 27, 1997

March 27, 1997

8

MEMORANDUM by defendant in support of motion to dismiss [7−1] (Exhibits) (mak) (Entered: 03/31/1997)

March 27, 1997

March 27, 1997

11

MINUTE ORDER of 4/2/97 by Hon. Suzanne B. Conlon : Motion to dismiss [7−1] is taken under advisement. Plaintiffs to repond 04/18/97. Ruling by mail. Telephoned and mailed notice (mak) (Entered: 04/14/1997)

April 2, 1997

April 2, 1997

9

MOTION by plaintiff to extend briefing schedule on defendant's motion to dismiss ; Notice of motion. (mak) (Entered: 04/11/1997)

April 8, 1997

April 8, 1997

10

MINUTE ORDER of 4/10/97 by Hon. Suzanne B. Conlon : Granting in part plaintiff's motion to extend briefing schedule on defendant's motion to dismiss [9−1]. Plaintiffs' response to defendant's motion to dismiss [7−1] is extended to 04/22/97. Ruling by mail. All other previously set dates stand. Mailed notice (mak) (Entered: 04/11/1997)

April 10, 1997

April 10, 1997

13

DECLARATION by Anita Bielicki regarding motion response [12−1] (mak) (Entered: 04/26/1997)

April 22, 1997

April 22, 1997

14

DECLARATION of PAtricia A. Collins regarding motion response [12−1] (Attachments); Notice of filing. (mak) (Entered: 04/26/1997)

April 22, 1997

April 22, 1997

15

RESPONSE by plaintiff to defendant's motion to dismiss [7−1] (Corrected Copy) (Attachments); Notice of filing of corrected copy. (mak) Modified on 04/26/1997 (Entered: 04/26/1997)

April 23, 1997

April 23, 1997

16

DISCLOSURES by defendant pursuant to Fed.R.Civ.P. 26(A); Notice of filing. (mak) (Entered: 05/01/1997)

April 28, 1997

April 28, 1997

17

DISCLOSURES by plaintiff pursuant to Fed.R.Civ.P. 26(a)(1)(Attachments); Notice of filing. (mak) (Entered: 05/02/1997)

April 30, 1997

April 30, 1997

18

MINUTE ORDER of 5/5/97 by Hon. Suzanne B. Conlon : Plaintiff shall file her motion and supporting brief for class certification gby 06/20/97. Defendant to respond by 07/07/97. Mailed notice (mak) (Entered: 05/08/1997)

May 5, 1997

May 5, 1997

19

MEMORANDUM, OPINION, AND ORDER (mak) (Entered: 05/08/1997)

May 5, 1997

May 5, 1997

20

MINUTE ORDER of 5/5/97 by Hon. Suzanne B. Conlon : The City of Chicago's motion to dismiss [7−1] is denied. The City is directed to answer the complaint by 05/15/97. Plaintiff's request for punitive damages is stricken from Counts I, II and III. Enter memorandum opinion and order. Mailed notice (mak) (Entered: 05/08/1997)

May 5, 1997

May 5, 1997

21

ANSWER to complaint by defendant; Notice of filing. (mak) (Entered: 05/19/1997)

May 15, 1997

May 15, 1997

23

AGREED MOTION by plaintiff for leave to file additional appearance of Stephen J. Feinberg ; Notice of motion (fce) (Entered: 06/13/1997)

May 20, 1997

May 20, 1997

24

ATTORNEY APPEARANCE for plaintiff by Stephen Jay Feinberg (fce) (Entered: 06/13/1997)

May 20, 1997

May 20, 1997

22

MINUTE ORDER of 5/22/97 by Hon. Suzanne B. Conlon : Filed agreed motion for leave to file additional appearance of Stephen J. Feinberg. The motion is granted. Telephoned notice (lal) (Entered: 06/10/1997)

May 22, 1997

May 22, 1997

25

MOTION by plaintiff for class certification (Attachments); Notice of filing (mjc) (Entered: 06/23/1997)

June 20, 1997

June 20, 1997

26

MOTION by defendant for extension of time to respond to plaintiff's motion for class certification ; Notice of motion (lal) (Entered: 07/02/1997)

June 30, 1997

June 30, 1997

27

MINUTE ORDER of 7/3/97 by Hon. Suzanne B. Conlon : Defendant City of Chicago's motion for extension of time to respond to plaintiff's motion for class certification until 07/21/97 is granted. [26−1], [25−1] Mailed notice (lal) (Entered: 07/14/1997)

July 3, 1997

July 3, 1997

28

MOTION by defendant Chgo, Cty of for extension of time to extend the additional deadlines currently pending ; Notice of motion (lal) (Entered: 08/19/1997)

July 16, 1997

July 16, 1997

29

MOTION by plaintiff to clarify order of 07/22/97 ; Notice of motion (lal) (Entered: 08/19/1997)

Aug. 4, 1997

Aug. 4, 1997

30

MINUTE ORDER of 8/7/97 by Hon. Suzanne B. Conlon : Plaintiffs' motion to clarify order is granted. [29−1] Response to class certification motion to be filed by 08/20/97. [25−1] Disclosure of experts pursuant to FRCP 26(a)(2) reset to 08/27/97. Discovery cut−off and filing of dispositive motions with supporting memoranda reset to 09/26/97. Joint pretrial and agreed jury instructions reset to 10/09/97 at 9:00 a.m. Plaintiffs' draft to be submitted to defendant by 10/02/97. Final Extension. Mailed notice (lal) (Entered: 08/19/1997)

Aug. 7, 1997

Aug. 7, 1997

SCHEDULE set on 8/26/97 by Hon. Suzanne B. Conlon : Status hearing for report on settlement set for September 9, 1997 at 9:00 a.m. Telephonic notice (jdh)

Aug. 26, 1997

Aug. 26, 1997

32

MINUTE ORDER of 10/7/97 by Hon. Suzanne B. Conlon : Report on settlement conference held and continued to 10/21/97 at 9:00 a.m. No notice (lal) (Entered: 10/14/1997)

Oct. 7, 1997

Oct. 7, 1997

SCHEDULE set on 10/21/97 by Hon. Suzanne B. Conlon : Report on settlement held and continued to November 4, 1997 at 9:00 a.m. A representative from the City of Chicago is directed to be present. Mailed notice (jdh) (Entered: 10/21/1997)

Oct. 21, 1997

Oct. 21, 1997

33

SETTLEMENT AGREEMENT filed by plaintiff (Exhibits). (lal) (Entered: 11/05/1997)

Nov. 4, 1997

Nov. 4, 1997

SCHEDULE set on 11/4/97 by Hon. Suzanne B. Conlon : Report on settlement held. Parties report settlement has been reached. The parties are to submit the settlement agreement by November 5, 1997. In court notice (jdh) (Entered: 11/06/1997)

Nov. 4, 1997

Nov. 4, 1997

34

MINUTE ORDER of 11/5/97 by Hon. Suzanne B. Conlon : Enter Order provisionally approving settlement and class notice. Objections to be filed by 12/19/97. Hearing for final approval set for 01/06/98 at 9:00 a.m. terminating case Mailed notice (lal) (Entered: 11/17/1997)

Nov. 5, 1997

Nov. 5, 1997

35

LETTER from Scott Sachnoff to the Clerk of the Court dated 12/11/97. (lal) (Entered: 12/17/1997)

Dec. 15, 1997

Dec. 15, 1997

36

FINAL JUDGMENT ORDER. (lal) (Entered: 01/09/1998)

Jan. 6, 1998

Jan. 6, 1998

37

MINUTE ORDER of 1/6/98 by Hon. Suzanne B. Conlon : Fairness hearing held. Enter Final Judgment Order. Mailed notice (lal) (Entered: 01/09/1998)

Jan. 6, 1998

Jan. 6, 1998

38

AGREED MOTION for extension of time ; Notice of motion (lal) (Entered: 02/20/1998)

Feb. 6, 1998

Feb. 6, 1998

39

MINUTE ORDER of 2/11/98 by Hon. Suzanne B. Conlon : Defendant's motion for extension of time until 02/25/98 to respond to plaintiff's fee petition is granted. [38−1] Mailed notice (lal) (Entered: 02/20/1998)

Feb. 11, 1998

Feb. 11, 1998

40

AGREED MOTION by plaintiff to approve settlement of attorneys' fees (Attachments); Notice of motion (lal) (Entered: 03/11/1998)

March 4, 1998

March 4, 1998

41

SETTLEMENT AGREEMENT regarding attorneys' fees filed by defendant (lal) (Entered: 03/11/1998)

March 4, 1998

March 4, 1998

42

MINUTE ORDER of 3/10/98 by Hon. Suzanne B. Conlon : Agreed motion to approve settlement of attorneys' fees in the amount of $110,000.00 and costs in the amount of $2,000.00 is granted. [40−1] Mailed notice (lal) (Entered: 03/11/1998)

March 10, 1998

March 10, 1998

Case Details

State / Territory: Illinois

Case Type(s):

Equal Employment

Special Collection(s):

Private Employment Class Actions

Key Dates

Filing Date: March 4, 1997

Closing Date: March 10, 1998

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Female police officers employed by the City of Chicago.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

City of Chicago (Chicago, Cook), City

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Title VII (including PDA), 42 U.S.C. § 2000e

Available Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 112,000.00

Issues

Discrimination-area:

Disparate Treatment

Pay / Benefits

Discrimination-basis:

Disability (inc. reasonable accommodations)

Sex discrimination

Affected Sex or Gender:

Female