Case: Harris v. Quinn

1:10-cv-02477 | U.S. District Court for the Northern District of Illinois

Filed Date: April 22, 2010

Case Ongoing

Clearinghouse coding complete

Case Summary

On April 22, 2010, individuals who provide home care to disabled individuals enrolled in Illinois Medicaid-waiver programs filed a lawsuit in the U.S. District Court for the Northern District of Illinois against the State of Illinois, the Service Employees International Union (SEIU) Healthcare of Illinois & Indiana, SIEU Local 73, and the American Federation of State, County, and Municipal Employees Council 31. The plaintiffs, represented by the National Right to Work Legal Defense Foundation, …

On April 22, 2010, individuals who provide home care to disabled individuals enrolled in Illinois Medicaid-waiver programs filed a lawsuit in the U.S. District Court for the Northern District of Illinois against the State of Illinois, the Service Employees International Union (SEIU) Healthcare of Illinois & Indiana, SIEU Local 73, and the American Federation of State, County, and Municipal Employees Council 31. The plaintiffs, represented by the National Right to Work Legal Defense Foundation, sought an injunction against enforcement of the agency-fee provision of the Illinois Public Labor Relations Act (PLRA) and a declaration that the law violated the personal assistants' fundamental rights. The plaintiffs claimed that compelling them to financially support the union for purposes of speaking to and petitioning the state infringes on their right of free association, free speech, and to petition the government for a redress of grievances under the First Amendment.

Specifically, the plaintiffs work as part of the Illinois' Home Services Program. This program allows Medicaid recipients who would normally need institutional care to hire a "personal assistant" to provide homecare services. Under State law, the care recipients and the State both play some role in the employment relationship with the Personal Assistants. The Illinois Legislature codified this unique employment relationship by amending existing laws so as to acknowledge the right of the persons receiving care to hire and fire personal assistants or supervise them, but declaring personal assistants to be public employees of the state for the purposes of coverage under the Illinois PLRA. The Illinois PLRA authorizes state employees to join labor unions and to bargain collectively on the terms and conditions of employment. The PLRA also contains an agency-fee provision, which requires members of a bargaining unit who do not wish to join the union to nevertheless pay a fee to the union. Following a vote, SEIU Healthcare Illinois & Indiana was designated as the personal assistants' exclusive representative for purposes of collective bargaining. The plaintiffs challenged the mandatory contributions under the agency-fee provision.

On November 12, 2010, District Court Judge Sharon Coleman dismissed the plaintiffs' claims with prejudice. 2010 WL 4736500. The district court relied on Supreme Court precedent holding that state employees can be required to contribute fair share fees to compensate unions for their representational activities. The plaintiffs appealed. On September 1, 2011, Judge Daniel Manion of the U.S. Court of Appeals for the Seventh Circuit affirmed the district court's decision. 656 F.3d 692. The appellate court held that the State of Illinois and the care recipients are joint employers of the personal care providers, and the court stated that it had no difficulty concluding that the State employs personal assistants within the meaning of Abood v. Detroit Bd. of Ed., 431 U.S. 209 (1977) (upholding the maintaining of a union shop in a public workplace). The plaintiffs sought certiorari and the Supreme Court granted review.

On June 30, 2014, the Supreme Court overturned the Seventh Circuit's decision and held that the Illinois PLRA violated the plaintiffs' constitutional rights under the First Amendment. 573 U.S. 616. Writing for the majority, Justice Samuel Alito was heavily critical of the Seventh Circuit's reliance on Abood. The Court noted the questionable foundations of that decision, highlighting its lack of adequate First Amendment analysis and failure to appreciate the distinction between core union speech in the public sector and core union speech in the private sector. The Court went on to stress the distinction between the full-fledged public employees at issue in Abood and the personal assistants at issue here. The Court noted that personal assistants are almost entirely answerable to the care recipient and not to the State, do not enjoy most of the rights and benefits that inure to state employees, and are not indemnified by the State for claims against them arising from actions taken during the course of their employment. Because Abood did not apply, the Court stated that the agency-fee provision of the law must serve a compelling state interest that cannot be achieved through means significantly less restrictive of associational freedoms. The Court found insufficient the interests contended by the defendants and held the Illinois PLRA unconstitutional.

On remand on May 1, 2015, the Seventh Circuit agreed with the recommendations of the parties. Specifically, the Seventh Circuit (1) reversed the district court’s decision to dismiss Count I (that the system of exclusive representation established by the state that allowed the defendant to impose and collect fair share fees violates the plaintiffs’ First Amendment rights) of the complaint and remanded for further proceedings, and (2) dismissed the claims in Count II (that the defendants threatened to violate the plaintiffs’ First Amendment rights by attempting to unionize the individual providers in the Disabilities Program) without prejudice. 601 F. App’x 452. On remand, the case was subsequently reassigned to Judge Manish S. Shah. 

On May 20, 2015, the plaintiffs filed a first amended complaint adjusting the named plaintiffs and substituting the current governor of Illinois as a defendant (Riffey v. Rauner). The plaintiffs also moved to certify a class pursuant to Federal Rule of Civil Procedure 23(b)(3), defining the class as “all Personal Assistants who are not members, or were not members, of SEIU-HCII and had ‘fair share’ fees deducted from payments made to them under Illinois’ Rehabilitation Program without their prior, written authorization.”

On June 7, 2016, Judge Shah denied the plaintiffs’ motion for class certification. First, Judge Shah observed that if a personal assistant wanted to support the union, then the collection of the fair-share fee would not result in a First Amendment injury. The defendants also provided evidence that a substantial number of proposed class members did not object to paying the fair-share fee and would have consented if given a choice. Accordingly, Judge Shah found that many personal assistants could not have suffered a First Amendment injury, and that the class definition was overly broad. 2016 WL 3165725. 

Next, Judge Shah analyzed the four requirements of Rule 23(a): numerosity (conceded by the defendants), adequacy of representation, commonality, and typicality. Beginning with commonality and typicality, Judge Shah acknowledged that the plaintiffs’ claims shared common questions and were typical in that they involved fair-share fee deductions. However, because the main issue in the case was about individualized damages inquiries, Judge Shah found that it did not make sense to certify a class only to immediately enter into individualized inquiries. Next, Judge Shah concluded that the named plaintiffs were not adequate representatives of the proposed class, because it was a First Amendment case involving subjective beliefs. 2016 WL 3165725.

Turning to Rule 23(b)(3), Judge Shah analyzed the predominance requirement for damage classes (that questions of law or fact common to class members predominate over any questions affecting only individual members). Judge Shah concluded that the plaintiffs did not meet their burden to demonstrate predominance because the individual damage questions could not be resolved in a single adjudication. 2016 WL 3165725.

On August 23, 2016, the plaintiffs and defendants submitted a joint motion. Specifically, the plaintiffs’ sought recovery of the fair-share fees they paid to the defendants plus interest. The defendants continued to dispute the plaintiffs’ claims, but decided the costs of litigation outweighed the claims and therefore did not object to entry of a judgment in favor of the plaintiffs for the amounts sought. The defendants also did not object to entry of the injunctive relief prohibiting future fair-share provisions that would be applicable to personal assistants who work under the Illinois Home Services Program. Accordingly, the court issued a judgment in favor of the plaintiffs the same day. 

The plaintiffs appealed the denial of class certification to the Seventh Circuit on September 21, 2016. On January 14, 2019, the Judges Diane Wood, Daniel A. Manion, and David F. Hamilton affirmed the denial of class certification. 873 F.3d 558. The plaintiffs sought certiorari and the Supreme Court granted review. On June 28, 2018, the Supreme Court vacated the judgment of the Seventh Circuit and remanded for further consideration in light of Janus v. American Federation of State, County, & Municipal Employees, Council 31, 138 S. Ct. 2448 (2018). 138 S. Ct. 2708. 

In Janus, the plaintiff was an employee of the Illinois Department of Healthcare and Family Services. On remand, Judge Wood noted two key distinctions: (1) the plaintiff there was a state employee which implicated (and caused the Supreme Court to overrule) Abood, and (2) the plaintiff there did not seek to represent a class. Therefore, Judge Wood concluded that Janus did not affect the remaining issue in this case (whether refunds of agency fees that were paid by nonconsenting employees could be resolved in a class action). Accordingly, on December 6, 2018, the Seventh Circuit reaffirmed the district court decision to deny class certification. 910 F.3d 314. The plaintiffs once again sought certiorari, but this time were denied. 139 S. Ct. 2745. 

There appears to be no further activity in the docket.

Summary Authors

Richard Jolly (10/14/2014)

Stephanie Chin (3/10/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4259419/parties/riffey-v-rauner/


Judge(s)

Alito, Samuel A. Jr. (District of Columbia)

Coleman, Sharon Johnson (Illinois)

Attorney for Plaintiff
Attorney for Defendant

Angelucci, Margaret Ann (Illinois)

Auerbach, Melissa J (Illinois)

Bloch, Robert E (Illinois)

Judge(s)

Alito, Samuel A. Jr. (District of Columbia)

Coleman, Sharon Johnson (Illinois)

Hamilton, David Frank (Indiana)

Manion, Daniel Anthony (Indiana)

Wood, Diane Pamela (Illinois)

show all people

Documents in the Clearinghouse

Document

1:10-cv-02477

[Docket]

Nov. 14, 2013

Nov. 14, 2013

Docket
1

1:10-cv-02477

Complaint-Class Action

April 22, 2010

April 22, 2010

Complaint
56

1:10-cv-02477

Memorandum Opinion and Order [granting defendants' motion to dismiss]

Nov. 12, 2010

Nov. 12, 2010

Order/Opinion

2010 WL 2010

66

10-03835

[USCA Opinion]

U.S. Court of Appeals for the Seventh Circuit

Sept. 23, 2011

Sept. 23, 2011

Order/Opinion

656 F.3d 656

11-00681

[Supreme Court Opinion]

Supreme Court of the United States

June 30, 2014

June 30, 2014

Order/Opinion

573 U.S. 573

79

1:10-cv-02477

First Amended Complaint

Riffey v. Rauner

May 20, 2015

May 20, 2015

Complaint
182

1:10-cv-02477

Memorandum Opinion and Order

Riffey v. Rauner

June 7, 2016

June 7, 2016

Order/Opinion

2016 WL 2016

189

1:10-cv-02477

Judgment

Riffey v. Rauner

Aug. 23, 2016

Aug. 23, 2016

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4259419/riffey-v-rauner/

Last updated March 21, 2024, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by Pamela J Harris, Ellen Bronfeld, Wendy Patridge, Stephanie Yencer-Price, Patricia Withers, Theresa Riffey, Carole Gulo, Susan Watts, Michelle Harris, Gordon P Stiefel; Filing fee $ 350, receipt number 0752-4738954.(Messenger, William) (Entered: 04/22/2010)

April 22, 2010

April 22, 2010

Clearinghouse
2

CIVIL Cover Sheet (Messenger, William) (Entered: 04/22/2010)

April 22, 2010

April 22, 2010

PACER
3

ATTORNEY Appearance for Plaintiffs Ellen Bronfeld, Carole Gulo, Michelle Harris, Pamela J Harris, Wendy Patridge, Theresa Riffey, Gordon P Stiefel, Susan Watts, Patricia Withers, Stephanie Yencer-Price by William L Messenger (Messenger, William) (Entered: 04/22/2010)

April 22, 2010

April 22, 2010

PACER
4

MINUTE entry before Honorable Ronald A. Guzman: The Court orders the parties to appear for an initial status hearing. All parties shall refer to and comply with Judge Guzman's requirements for the initial appearance as outlined in Judge Guzman's case management procedures, which can be found at: www.ilnd.uscourts.gov. Status hearing set for 6/23/2010 at 09:30 AM.Mailed notice (cjg, ) (Entered: 04/26/2010)

April 26, 2010

April 26, 2010

PACER
5

ATTORNEY Appearance for Plaintiffs Michelle Harris, Pamela J Harris, Wendy Partridge, Theresa Riffey, Gordon P Stiefel, Susan Watts, Patricia Withers, Stephanie Yencer-Price by Michael Austin Haugh. (jmp, ) (Entered: 04/27/2010)

April 26, 2010

April 26, 2010

PACER
6

NOTICE by SEIU Local 73 Notice of Filing, Certificate of Service (Angelucci, Margaret) (Entered: 05/06/2010)

May 6, 2010

May 6, 2010

PACER
7

ATTORNEY Appearance for Defendant SEIU Local 73 by Margaret Ann Angelucci (Angelucci, Margaret) (Entered: 05/06/2010)

May 6, 2010

May 6, 2010

PACER
8

ATTORNEY Appearance for Defendant SEIU Local 73 by Joel Abbott D'Alba (D'Alba, Joel) (Entered: 05/06/2010)

May 6, 2010

May 6, 2010

PACER
9

ATTORNEY Appearance for Defendant Pat Quinn by David Michael Friebus (Friebus, David) (Entered: 05/11/2010)

May 11, 2010

May 11, 2010

PACER
10

ATTORNEY Appearance for Defendant SEIU Healthcare Illinois & Indiana by Ronald M. Willis (Willis, Ronald) (Entered: 05/11/2010)

May 11, 2010

May 11, 2010

PACER
11

ATTORNEY Appearance for Defendant SEIU Healthcare Illinois & Indiana by Robert E. Bloch (Attachments: # 1 Certificate of Service)(Bloch, Robert) (Entered: 05/11/2010)

2 Certificate of Service

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May 11, 2010

May 11, 2010

PACER
12

NOTICE by SEIU Healthcare Illinois & Indiana re attorney appearance 11 (Bloch, Robert) (Entered: 05/11/2010)

May 11, 2010

May 11, 2010

PACER
13

ATTORNEY Appearance for Defendant AFSCME Council 31 by Melissa J. Auerbach (Auerbach, Melissa) (Entered: 05/13/2010)

May 13, 2010

May 13, 2010

PACER
14

MOTION by Defendant AFSCME Council 31 for extension of time to file answer regarding complaint, 1 Agreed (Auerbach, Melissa) (Entered: 05/13/2010)

May 13, 2010

May 13, 2010

PACER
15

NOTICE of Motion by Melissa J. Auerbach for presentment of motion for extension of time to file answer, motion for relief 14 before Honorable Ronald A. Guzman on 5/18/2010 at 09:30 AM. (Auerbach, Melissa) (Entered: 05/13/2010)

May 13, 2010

May 13, 2010

PACER
16

MOTION by Defendant Pat Quinn for extension of time to file answer (Friebus, David) (Entered: 05/13/2010)

May 13, 2010

May 13, 2010

PACER
17

NOTICE of Motion by David Michael Friebus for presentment of motion for extension of time to file answer 16 before Honorable Ronald A. Guzman on 5/18/2010 at 09:30 AM. (Friebus, David) (Entered: 05/13/2010)

May 13, 2010

May 13, 2010

PACER
18

MOTION by Defendant SEIU Healthcare Illinois & Indiana for extension of time to Answer or Otherwise Plead (Bloch, Robert) (Entered: 05/14/2010)

May 14, 2010

May 14, 2010

PACER
19

NOTICE of Motion by Robert E. Bloch for presentment of extension of time 18 before Honorable Ronald A. Guzman on 5/18/2010 at 09:30 AM. (Bloch, Robert) (Entered: 05/14/2010)

May 14, 2010

May 14, 2010

PACER
20

MOTION by Defendant SEIU Local 73 for extension of time to file answer regarding complaint, 1 (Angelucci, Margaret) (Entered: 05/14/2010)

May 14, 2010

May 14, 2010

PACER
21

NOTICE of Motion by Margaret Ann Angelucci for presentment of motion for extension of time to file answer, motion for relief 20 before Honorable Ronald A. Guzman on 5/18/2010 at 09:30 AM. (Angelucci, Margaret) (Entered: 05/14/2010)

May 14, 2010

May 14, 2010

PACER
22

MINUTE entry before Honorable Ronald A. Guzman: Motion by Defendant AFSCME Council 31 for extension of time to file answer regarding complaint 14 is granted. Motion by Defendant Pat Quinn for extension of time to file answer 16 is granted. Motion by Defendant SEIU Healthcare Illinois & Indiana for extension of time to Answer or Otherwise Plead 18 is granted. Motion by Defendant SEIU Local 73 for extension of time to file answer regarding complaint 20 is granted. All answers are due by 6/18/10, as requested in the motions. The motion hearing date of 5/18/10 is stricken, parties do not need to appear in court. Mailed notice (lcw, ) (Entered: 05/17/2010)

May 17, 2010

May 17, 2010

PACER
23

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-4828319. (Kronland, Scott) (Entered: 05/18/2010)

May 18, 2010

May 18, 2010

PACER
24

MINUTE entry before Honorable Ronald A. Guzman: Application for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-4828319. (Kronland, Scott) 23 is granted. Mailed notice (cjg, ) (Entered: 05/25/2010)

May 25, 2010

May 25, 2010

PACER
25

ATTORNEY Appearance for Defendant SEIU Healthcare Illinois & Indiana by Scott A Kronland (Kronland, Scott) (Entered: 05/26/2010)

May 26, 2010

May 26, 2010

PACER
26

MOTION by Defendant Pat Quinn to set a briefing schedule, expand page limits, and vacate the initial status hearing (Friebus, David) (Entered: 06/07/2010)

June 7, 2010

June 7, 2010

PACER
27

NOTICE of Motion by David Michael Friebus for presentment of motion by filer to set a briefing schedule 26 before Honorable Ronald A. Guzman on 6/10/2010 at 09:30 AM. (Friebus, David) (Entered: 06/07/2010)

June 7, 2010

June 7, 2010

PACER
28

SUMMONS Returned Executed by Susan Watts, Pamela J Harris, Carole Gulo, Gordon P Stiefel, Ellen Bronfeld, Michelle Harris, Patricia Withers, Theresa Riffey, Wendy Partridge, Stephanie Yencer-Price as to AFSCME Council 31 on 4/29/2010, answer due 5/20/2010; Pat Quinn on 4/29/2010, answer due 5/20/2010; SEIU Healthcare Illinois & Indiana on 4/28/2010, answer due 5/20/2010; SEIU Local 73 on 4/28/2010, answer due 5/20/2010. (Messenger, William) (Entered: 06/08/2010)

June 8, 2010

June 8, 2010

RECAP
29

MINUTE entry before Honorable Ronald A. Guzman: Notice of motion set for 6/10/10 is stricken. Motion by Defendant Pat Quinn to set a briefing schedule, expand page limits, and vacate the initial status hearing 26 is granted in part and denied in part. Defendants shall jointly file consolidated motion to dismiss up to and including 50 pages on or before 6/15/10. Plaintiffs' consolidated response up to and including 50 pages due 7/6/10. Defendants' consolidated reply up to and including 25 pages due 7/20/10. Ruling to be by mail. Status hearing reset to 7/28/2010 at 09:00 AM. Discovery shall not be stayed pending ruling on motion to dismiss. Mailed notice (cjg, ) (Entered: 06/09/2010)

June 9, 2010

June 9, 2010

PACER
30

MOTION by Defendant SEIU Healthcare Illinois & Indiana to dismiss -- DEFENDANTS CONSOLIDATED MOTIONS TO DISMISS (Kronland, Scott) (Entered: 06/15/2010)

June 15, 2010

June 15, 2010

PACER
31

MEMORANDUM by SEIU Healthcare Illinois & Indiana in support of motion to dismiss 30 -- Defendants Memorandum in Support of Consolidated Motions to Dismiss (Kronland, Scott) (Entered: 06/15/2010)

June 15, 2010

June 15, 2010

PACER
32

Request for Judicial Notice by SEIU Healthcare Illinois & Indiana -- Defendants' Request for Judicial Notice in Support of Consolidated Motions to Dismiss (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Kronland, Scott) (Entered: 06/15/2010)

2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Exhibit F

View on PACER

8 Exhibit G

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9 Exhibit H

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10 Exhibit I

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11 Exhibit J

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June 15, 2010

June 15, 2010

PACER
33

RESPONSE by Ellen Bronfeld, Carole Gulo, Michelle Harris, Pamela J Harris, Wendy Partridge, Theresa Riffey, Gordon P Stiefel, Susan Watts, Patricia Withers, Stephanie Yencer-Pricein Opposition to MOTION by Defendant SEIU Healthcare Illinois & Indiana to dismiss -- DEFENDANTS CONSOLIDATED MOTIONS TO DISMISS 30 (Messenger, William) (Entered: 07/02/2010)

July 2, 2010

July 2, 2010

PACER
34

REPLY by Defendants AFSCME Council 31, Pat Quinn, SEIU Healthcare Illinois & Indiana, SEIU Local 73 to response in opposition to motion, 33 Defendants' Reply Memorandum in Support of Consolidated Motions to Dismiss (Kronland, Scott) (Entered: 07/20/2010)

July 20, 2010

July 20, 2010

PACER
35

REPORT of Rule 26(f) Planning Meeting (Messenger, William) (Entered: 07/22/2010)

July 22, 2010

July 22, 2010

PACER
36

MINUTE entry before Honorable Ronald A. Guzman: Status hearing reset to 7/28/2010 at 09:30 AM. NOTE TIME CHANGE ONLY. Mailed notice (cjg, ) (Entered: 07/23/2010)

July 23, 2010

July 23, 2010

PACER
37

MINUTE entry before Honorable Ronald A. Guzman: Status hearing held on 7/28/2010. Status hearing set for 8/16/2010 at 09:30 AM. Mailed notice (cjg, ) (Entered: 07/28/2010)

July 28, 2010

July 28, 2010

PACER
38

REPORT of Rule 26(f) Planning Meeting (Messenger, William) (Entered: 08/11/2010)

Aug. 11, 2010

Aug. 11, 2010

PACER
39

SUPPLEMENT to response in opposition to motion, 33 Citation of Supplemental Authority (Attachments: # 1 Exhibit A - 14 July 2010 Order in Schlaud, # 2 Exhibit B - Transcript Excerpts)(Messenger, William) (Entered: 08/11/2010)

2 Exhibit A - 14 July 2010 Order in Schlaud

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3 Exhibit B - Transcript Excerpts

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Aug. 11, 2010

Aug. 11, 2010

PACER
40

RESPONSE by Pat Quinn, SEIU Healthcare Illinois & Indiana in Support of MOTION by Defendant SEIU Healthcare Illinois & Indiana to dismiss -- DEFENDANTS CONSOLIDATED MOTIONS TO DISMISS 30 SEIU HCII's & Governor Pat Quinn's Response To Pls' Citation of Supplemental Authority (Kronland, Scott) (Entered: 08/12/2010)

Aug. 12, 2010

Aug. 12, 2010

PACER
41

MINUTE entry before Honorable Ronald A. Guzman:Status hearing held and continued to 2/9/2011 at 09:30 AM. Court adopts the parties discovery plan. Plaintiffs shall file their motion for class certification with supporting memoranda by 12/1/2010. The parties shall comply with FRCP(26)(a)(2) by 1/4/11. Rebuttal expert reports shall comply with FRCP(26)(a)(2) by 2/4/11. All discovery, including experts, shall be completed by 3/15/2011. Dispositive motions with supporting memoranda shall be filed by 4/15/2011. Advised in open court (jms, ) (Entered: 08/16/2010)

Aug. 16, 2010

Aug. 16, 2010

PACER
43

EXECUTIVE COMMITTEE ORDER: It appearing that, pursuant to the Executive Committee Order entered on August 23, 2010, the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable Sharon Johnson Coleman, therefore IT IS HEREBY ORDERED That the attached list of 264 cases be reassigned to the Honorable Sharon Johnson Coleman. IT IS FURTHER ORDERED that this order shall become effective on Wednesday, September 8, 2010. Mailed notices.(ef, ) (Entered: 09/08/2010)

Sept. 7, 2010

Sept. 7, 2010

PACER
42

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-5193833. (West, John) (Entered: 09/08/2010)

Sept. 8, 2010

Sept. 8, 2010

PACER
44

MINUTE entry before Honorable Sharon Johnson Coleman:This case has been reassigned to the calendar of Judge Sharon Johnson Coleman. The parties are directed to meet and discuss the status of the case. The parties are to file a joint status report by 9/24/2010 in the form described in the courts webpage at http://www.ilnd.uscourts.gov/home/_assets/_documents/webdocs/coleman/InitialStatus.pdf. All pending status or hearing dates before the previously assigned district judge are vacated. All other dates to stand pending further order.Mailed notice (keg, ) (Entered: 09/10/2010)

Sept. 10, 2010

Sept. 10, 2010

PACER
45

MOTION by Defendant SEIU Healthcare Illinois & Indiana to stay -- Defs' Jt. Motion to Stay Discovery & Vacate Scheduling Order Pending Ruling on Motion to Dismiss (Kronland, Scott) (Entered: 09/13/2010)

Sept. 13, 2010

Sept. 13, 2010

PACER
46

DECLARATION of Scott A. Kronland regarding motion to stay 45 (Kronland, Scott) (Entered: 09/13/2010)

Sept. 13, 2010

Sept. 13, 2010

PACER
47

NOTICE of Motion by Scott A Kronland for presentment of motion to stay 45 before Honorable Sharon Johnson Coleman on 9/16/2010 at 08:45 AM. (Kronland, Scott) (Entered: 09/13/2010)

Sept. 13, 2010

Sept. 13, 2010

PACER
48

MINUTE entry before Honorable Ronald A. Guzman: Status hearing set for 2/9/11 is stricken. Mailed notice (cjg, ) (Entered: 09/14/2010)

Sept. 14, 2010

Sept. 14, 2010

PACER
49

NOTICE of Voluntary Dismissal by Gordon P Stiefel Solely With Respect to Action of Plaintiff Gordon Stiefel (Messenger, William) (Entered: 09/15/2010)

Sept. 15, 2010

Sept. 15, 2010

PACER
50

MEMORANDUM by Ellen Bronfeld, Carole Gulo, Michelle Harris, Pamela J Harris, Wendy Partridge, Theresa Riffey, Susan Watts, Patricia Withers, Stephanie Yencer-Price in Opposition to motion to stay 45 (Messenger, William) (Entered: 09/15/2010)

Sept. 15, 2010

Sept. 15, 2010

PACER
51

MINUTE entry before Honorable Sharon Johnson Coleman:Motion by John West for Leave to Appear pro hac vice 42 is granted. Defendants' Motion to stay discovery 45 heard on 09/16/2010 and the motion is granted. Hearing on the pending motion to dismiss set for 11/5/2010 at 10:30 AM.Mailed notice (keg, ) (Entered: 09/16/2010)

Sept. 16, 2010

Sept. 16, 2010

PACER
52

STATUS Report Jointly Filed on Behalf of All Parties by Ellen Bronfeld, Carole Gulo, Michelle Harris, Pamela J Harris, Wendy Partridge, Theresa Riffey, Susan Watts, Patricia Withers, Stephanie Yencer-Price (Messenger, William) (Entered: 09/24/2010)

Sept. 24, 2010

Sept. 24, 2010

PACER
53

MINUTE entry before Honorable Sharon Johnson Coleman:In court hearing on the motion to dismiss 30 held on 11/5/2010. The Court will take arguments and case law under advisement and issue ruling. Mailed notice (keg, ) (Entered: 11/05/2010)

Nov. 5, 2010

Nov. 5, 2010

PACER
54

MINUTE entry before Honorable Sharon Johnson Coleman:Defendants' motion to dismiss 30 is granted and the case is dismissed. See Memorandum and Order for details. Mailed notice (keg, ) (Entered: 11/16/2010)

Nov. 12, 2010

Nov. 12, 2010

PACER
55

ENTERED JUDGMENT Signed by the Courtroom Deputy on 11/12/2010:Mailed notice(keg, ) (Entered: 11/16/2010)

Nov. 12, 2010

Nov. 12, 2010

RECAP
56

MEMORANDUM Opinion and Order Signed by the Honorable Sharon Johnson Coleman on 11/12/2010:Mailed notice(keg, ) (Entered: 11/16/2010)

Nov. 12, 2010

Nov. 12, 2010

Clearinghouse
57

NOTICE of appeal by Ellen Bronfeld, Carole Gulo, Michelle Harris, Pamela J Harris, Wendy Partridge, Theresa Riffey, Susan Watts, Patricia Withers, Stephanie Yencer-Price regarding orders 56, 54, 55 Filing fee $ 455, receipt number 0752-5506907. (Messenger, William) (Entered: 12/10/2010)

Dec. 10, 2010

Dec. 10, 2010

PACER
58

DOCKETING Statement by Ellen Bronfeld, Carole Gulo, Michelle Harris, Pamela J Harris, Wendy Partridge, Theresa Riffey, Susan Watts, Patricia Withers, Stephanie Yencer-Price regarding notice of appeal, 57 (Messenger, William) (Entered: 12/10/2010)

Dec. 10, 2010

Dec. 10, 2010

PACER
59

NOTICE of Appeal Due letter sent to counsel of record (dj, ) (Entered: 12/10/2010)

Dec. 10, 2010

Dec. 10, 2010

PACER
60

TRANSMITTED to the 7th Circuit the short record on notice of appeal, 57 . Notified counsel (dj, ) (Entered: 12/10/2010)

Dec. 10, 2010

Dec. 10, 2010

PACER
61

ACKNOWLEDGEMENT of receipt of short record on appeal regarding notice of appeal, 57 ; USCA Case No. 10-3835. (td, ) (Entered: 12/13/2010)

Dec. 10, 2010

Dec. 10, 2010

PACER
62

SEVENTH CIRCUIT transcript information sheet by Ellen Bronfeld, Carole Gulo, Michelle Harris, Pamela J Harris, Wendy Partridge, Theresa Riffey, Susan Watts, Patricia Withers, Stephanie Yencer-Price (Messenger, William) (Entered: 12/20/2010)

Dec. 20, 2010

Dec. 20, 2010

PACER
63

TRANSMITTED to the USCA for the 7th Circuit the long record on appeal 57 (USCA no. 10-3835) (dj, ) (Entered: 12/29/2010)

Dec. 29, 2010

Dec. 29, 2010

PACER
64

MANDATE of USCA dated 9/23/2011 regarding notice of appeal, 57 ; USCA No. 10-3835. Herewith is the mandate of this court in this appeal, along with the Bill of Costs, if any. A certified copy of the opinion/order of the court and judgment, if any, and any direction as to costs shall constitute the mandate. (jmp, ) (Entered: 09/26/2011)

Sept. 23, 2011

Sept. 23, 2011

PACER
65

CERTIFIED copy of order dated 9/23/2011 from the 7th Circuit regarding notice of appeal, 57 ; Appellate case no. : 10-3835 The judgment of the District Court is AFFIRMED in part and the case is REMANDED in part with instructions. The above is in accordance with the decision of this court entered on this date. Each party to bear its own costs. (jmp, ) (Entered: 09/26/2011)

Sept. 23, 2011

Sept. 23, 2011

PACER
66

OPINION from the USCA for the 7th Circuit; Argued 6/92011; Decided 9/1/2011 in USCA case no. 10-3835. (jmp, ) (Entered: 09/26/2011)

Sept. 23, 2011

Sept. 23, 2011

PACER
67

LETTER from Supreme Court of the United States dated 11/13/2013 forward by the USCA 7th Circuit. (kj, ) (Entered: 11/15/2013)

Nov. 14, 2013

Nov. 14, 2013

PACER
68

RECORD FOR CERTIORARI TRANSMITTAL FORM dated 11/14/2013 from the USCA 7th Circuit regarding notice of appeal, 57 ; Appellate case no. : 10-3835 ; Pursuant to a request from the Supreme Court of the United States dated November 13, 2013, Supreme Court Case Number: 11-681, I, GINO J. AGNELLO, Clerk of the United States Court of Appeals for the Seventh Circuit, do hereby certify that the foregoing contains a true copy of the appellate record. The following documents, as reflected on this court's public docket sheet, are electronically available through PACER: See document nos. 8, 17, 24, 25, 27, 34 & 35. (kj, ) Modified on 11/15/2013 . (Entered: 11/15/2013)

Nov. 14, 2013

Nov. 14, 2013

PACER
69

ATTORNEY Appearance for Defendant SEIU Healthcare Illinois & Indiana by Josiah A. Groff (Attachments: # 1 Certificate of Service)(Groff, Josiah) (Entered: 07/03/2014)

1 Certificate of Service

View on PACER

July 3, 2014

July 3, 2014

PACER
70

EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Manish S. Shah for all further proceedings.. Signed by Executive Committee on 5/5/2015.(cc, ) (Entered: 05/06/2015)

May 5, 2015

May 5, 2015

PACER
71

MINUTE entry before the Honorable Manish S. Shah: The Clerk is directed to reopen this case and substitute Bruce V. Rauner for defendant Pat Quinn pursuant to Fed. R. Civ. P. 25(d). A status hearing is set before Judge Shah on 5/13/15 at 9:15 a.m. Mailed notice (am) (Entered: 05/06/2015)

May 6, 2015

May 6, 2015

PACER
72

ATTORNEY Appearance for Defendant Bruce V Rauner by Jessica Megan Scheller Office of the Illinois Attorney General (Scheller, Jessica) (Entered: 05/08/2015)

May 8, 2015

May 8, 2015

PACER
73

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-10623663. (Freeman, Amanda) (Entered: 05/08/2015)

May 8, 2015

May 8, 2015

PACER
74

MOTION by counsel for Defendant Bruce V Rauner to withdraw as attorney (Friebus, David) (Entered: 05/11/2015)

May 11, 2015

May 11, 2015

PACER
75

NOTICE of Motion by David Michael Friebus for presentment of motion to withdraw as attorney 74 before Honorable Manish S. Shah on 5/14/2015 at 09:45 AM. (Friebus, David) (Entered: 05/11/2015)

May 11, 2015

May 11, 2015

PACER
76

ATTORNEY Appearance for Plaintiffs Ellen Bronfeld, Carole Gulo, Michelle Harris, Pamela J Harris, Wendy Partridge, Theresa Riffey, Gordon P Stiefel, Susan Watts, Patricia Withers, Stephanie Yencer-Price by Michael Austin Haugh Appearance of Anastas Shkurti (Haugh, Michael) (Entered: 05/11/2015)

May 11, 2015

May 11, 2015

PACER
77

ATTORNEY Appearance for Defendant Bruce V Rauner by Gary Steven Caplan (Caplan, Gary) (Entered: 05/12/2015)

May 12, 2015

May 12, 2015

PACER
78

MINUTE entry before the Honorable Manish S. Shah: Status and motion hearing held. Motion for Leave to Appear Pro Hac Vice 73 is granted. Attorney Amanda K. Freeman is granted leave to appear on behalf of Plaintiffs Susan Watts, Theresa Riffey and Stephanie Yencer Price. Defendant's Motion for Leave to Withdraw 74 is granted. Attorney David Friebus is granted leave to withdraw his appearance on behalf of Defendant Bruce V. Rauner. Hearing set for 5/14/15 is stricken and no appearance is necessary. Count I of Plaintiffs' Complaint 1 is reinstated. Plaintiffs Susan Watts, Theresa Riffey and Stephanie Yencer-Price are the only Plaintiffs remaining on behalf of the class. The Clerk is directed to terminate the remaining named Plaintiffs and to alter the case caption to read "Riffey et al v. Rauner et al". Count II of Plaintiffs' Complaint 1 is dismissed without prejudice and Defendants SEIU Local 73 and AFSCME Council 31 are dismissed from this matter. Plaintiffs are granted leave to file an amended complaint on or before 5/26/15. Defendants shall answer or otherwise plead on or before 6/16/15. If Defendants file a motion in response to Plaintiffs' amended complaint, noticing the motion for presentment is not required. On or before 6/16/15, the parties shall submit a joint scheduling order, or in the alternative, competing schedules within the same document. Status hearing set for 6/30/15 at 9:30 a.m. Mailed notice (ep, ) (Entered: 05/13/2015)

May 13, 2015

May 13, 2015

PACER
79

FIRST AMENDED complaint by Susan Watts, Theresa Riffey, Stephanie Yencer-Price against Stephanie Yencer-Price, Bruce V Rauner, SEIU Healthcare Illinois & Indiana (Attachments: # 1 Notice of Filing Notice of Filing)(Messenger, William) (Entered: 05/20/2015)

1 Notice of Filing Notice of Filing

View on RECAP

May 20, 2015

May 20, 2015

Clearinghouse
80

MOTION by Plaintiffs Theresa Riffey, Susan Watts, Stephanie Yencer-Price to certify class (Messenger, William) (Entered: 05/20/2015)

May 20, 2015

May 20, 2015

PACER
81

MEMORANDUM by Theresa Riffey, Susan Watts, Stephanie Yencer-Price in support of motion to certify class 80 (Attachments: # 1 Declaration Riffey Declaration, # 2 Declaration Watts Declaration, # 3 Declaration Yencer-Price Declaration, # 4 Declaration Freeman Declaration, # 5 Declaration Haugh Declaration, # 6 Declaration Messenger Declaration)(Messenger, William) (Entered: 05/20/2015)

1 Declaration Riffey Declaration

View on PACER

2 Declaration Watts Declaration

View on PACER

3 Declaration Yencer-Price Declaration

View on PACER

4 Declaration Freeman Declaration

View on PACER

5 Declaration Haugh Declaration

View on PACER

6 Declaration Messenger Declaration

View on PACER

May 20, 2015

May 20, 2015

PACER
82

NOTICE of Motion by William L Messenger for presentment of motion to certify class 80 before Honorable Manish S. Shah on 6/3/2015 at 09:45 AM. (Messenger, William) (Entered: 05/20/2015)

May 20, 2015

May 20, 2015

PACER
83

MINUTE entry before the Honorable Manish S. Shah: Hearing on Plaintiffs' Motion for Class Certification and Appointment of Class Counsel 80 previously set for 6/3/15 at 9:30 a.m. is hereby stricken and reset to 6/30/15 at 9:30 a.m. The parties shall propose a briefing schedule on the motion 80 in their proposed scheduling order due 6/16/15. Notices mailed by Judicial Staff. (psm, ) (Entered: 05/21/2015)

May 21, 2015

May 21, 2015

PACER
84

LETTER from the USCA regarding the record on appeal in USCA no. 10-3835: No record to be returned. (tt, ) (Entered: 05/27/2015)

May 26, 2015

May 26, 2015

PACER
85

MANDATE of USCA dated 05/01/15 regarding notice of appeal, 57 ; USCA No. 10-3835: The district court's judgment dismissing Count I of the complaint is REVERSED, with costs; the judgment dismissing Count II of the complaint is REMANDED, so that the district court can modify it to be without prejudice; and we otherwise REMAND this case to the district court for further proceeding consistent with this order. (tt, ) (Entered: 05/27/2015)

May 26, 2015

May 26, 2015

PACER
86

Entered in error (tt, ) Modified on 5/27/2015 (rp, ). (Entered: 05/27/2015)

May 26, 2015

May 26, 2015

PACER
87

OPINION from the USCA for the 7th Circuit; Argued 08/01/14; Decided 05/01/15 in USCA case no. 10-3835. (tt, ) (Entered: 05/27/2015)

May 26, 2015

May 26, 2015

PACER
88

NOTICE of Correction regarding 86 (rp, ) (Entered: 05/27/2015)

May 27, 2015

May 27, 2015

PACER
89

STATUS Report of All Parties by Theresa Riffey, Susan Watts, Stephanie Yencer-Price (Messenger, William) (Entered: 06/15/2015)

June 15, 2015

June 15, 2015

PACER
90

ANSWER to amended complaint by SEIU Healthcare Illinois & Indiana (Kronland, Scott) (Entered: 06/15/2015)

June 15, 2015

June 15, 2015

PACER
91

ANSWER to amended complaint by Bruce V Rauner(Caplan, Gary) (Entered: 06/16/2015)

June 16, 2015

June 16, 2015

PACER
92

MINUTE entry before the Honorable Manish S. Shah: The court adopts the parties' joint proposal. Discovery will proceed on class certification issues only. Updated initial disclosures shall be exchanged by 7/1/15. Class certification discovery shall be completed by 9/11/15. Defendants' responses to plaintiffs' class certification motion are due 10/2/15. Plaintiffs' reply is due 10/16/15. Status hearing previously set for 6/30/15 at 9:30 a.m. is hereby stricken and reset to 11/10/15 at 9:30 a.m. Notices mailed by Judicial Staff. (psm, ) (Entered: 06/17/2015)

June 17, 2015

June 17, 2015

PACER
93

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-10882211. (Garca, Kristin) (Entered: 07/20/2015)

July 20, 2015

July 20, 2015

PACER
94

MINUTE entry before the Honorable Manish S. Shah: The motion to appear pro hac vice 93 is granted. Kristin M. Garcia may file her appearance on behalf of Defendant SEIU Healthcare Illinois & Indiana and is added as counsel of record. Notices mailed by Judicial Staff. (psm, ) (Entered: 08/11/2015)

Aug. 11, 2015

Aug. 11, 2015

PACER
95

ATTORNEY Appearance for Defendant SEIU Healthcare Illinois & Indiana by Kristin M. Garca (Garca, Kristin) (Entered: 08/12/2015)

Aug. 12, 2015

Aug. 12, 2015

PACER
96

MOTION by Plaintiffs Theresa Riffey, Susan Watts, Stephanie Yencer-Price for extension of time to complete discovery (Messenger, William) (Entered: 08/20/2015)

Aug. 20, 2015

Aug. 20, 2015

PACER
97

NOTICE of Motion by William L Messenger for presentment of motion for extension of time to complete discovery 96 before Honorable Manish S. Shah on 8/26/2015 at 09:45 AM. (Messenger, William) (Entered: 08/20/2015)

Aug. 20, 2015

Aug. 20, 2015

PACER
98

MINUTE entry before the Honorable Manish S. Shah: The unopposed motion for extension of time to complete discovery 96 is granted. Class certification discovery shall be completed by 10/2/2015. Motion hearing previously set for 8/26/15 at 9:45 a.m. is hereby stricken and no appearance is necessary. Notices mailed by Judicial Staff. (psm, ) (Entered: 08/24/2015)

Aug. 24, 2015

Aug. 24, 2015

PACER
99

AGREED Confidentiality Order. Signed by the Honorable Manish S. Shah on 9/14/2015. (psm, ) (Entered: 09/14/2015)

Sept. 14, 2015

Sept. 14, 2015

PACER
100

MOTION by Defendant SEIU Healthcare Illinois & Indiana for leave to file excess pages for Memorandum in Opposition to Motion for Class Certification (Kronland, Scott) (Entered: 09/22/2015)

Sept. 22, 2015

Sept. 22, 2015

PACER

Case Details

State / Territory: Illinois

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: April 22, 2010

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Individuals who provide home care to disabled individuals enrolled in Illinois Medicaid-waiver programs

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

State of Illinois (Sangamon), State

Service Employees International Union Healthcare Illinois & Indiana, Private Entity/Person

Service Employees International Union Local 73, Private Entity/Person

American Federation of State, County and Municipal Employees Council 31, Private Entity/Person

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Declaratory Judgment

Source of Relief:

Litigation

Issues

General:

Funding

Discrimination-area:

Disparate Treatment