Case: American Council of the Blind of Metropolitan Chicago v. Chicago

1:19-cv-06322 | U.S. District Court for the Northern District of Illinois

Filed Date: Sept. 23, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

This class action lawsuit alleged that the City of Chicago’s failure to equip signalized street intersections with accessible pedestrian signals (ASPs) constituted illegal discrimination against Chicago’s blind residents and visitors. ASPs are used by blind pedestrians to travel safely at intersections. In municipalities which have installed ASPs, blind pedestrians can receive information and warnings about oncoming traffic by listening to the sounds played by the signal (e.g. “Walk sign is on”…

This class action lawsuit alleged that the City of Chicago’s failure to equip signalized street intersections with accessible pedestrian signals (ASPs) constituted illegal discrimination against Chicago’s blind residents and visitors.

ASPs are used by blind pedestrians to travel safely at intersections. In municipalities which have installed ASPs, blind pedestrians can receive information and warnings about oncoming traffic by listening to the sounds played by the signal (e.g. “Walk sign is on”) or by holding a button at the intersection which will vibrate to communicate the same information that seeing persons can read on pedestrian signals. According to the plaintiffs, of the over 2,500 signalized traffic intersections in Chicago, only 11 communicate information to people with vision related disabilities.

On September 23, 2019, plaintiffs filed this lawsuit in the U.S. District Court for the Northern District of Illinois (in Chicago). An amended complaint was filed on October 3, 2019. The plaintiffs included three named blind individuals and a non-profit organization American Council of the Blind of Metropolitan Chicago (ACBMC). The plaintiffs sought to represent a class of all persons with vision-related disabilities who use, or seek to use, pedestrian signals in Chicago. The plaintiffs estimated that the putative class consisted of over 60,000 Chicago residents and also encompassed many more legally or completely blind people who visit or commute to Chicago every year. In the amended complaint, the plaintiffs named the City of Chicago, the Chicago Department of Transportation, Chicago Mayor Lori Lightfoot in her official capacity, and Acting Commissioner of the Chicago Department of Transportation Thomas Carney in his official capacity, as defendants.

Represented by Disability Rights Advocates and private counsel, the plaintiffs sought injunctive and declaratory relief. The lawsuit was brought under Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act. The crux of the ADA claim was that the City of Chicago’s management of its street crossing signals violated its statutory non-discrimination duty to operate “programs, services, or activities” in a way that is readily accessible to and usable by people with disabilities. The Section 504 claim was based on the fact that the City of Chicago receives federal financial assistance and the law mandates that no individual shall “solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” 29 U.S.C. § 794(a).

In response to a motion to dismiss by the Defendants, District Judge Elaine Bucklo issued an order dated March 9, 2020, dismissing claims against the Chicago Department of Transportation, Mayor Lightfoot, and Acting Commissioner Carney. In the same order, the judge also struck the plaintiffs’ claims based on violations affecting only deaf or blind-deaf individuals. The remainder of the motion to dismiss was denied.

Amidst discovery proceedings, the U.S. Department of Justice filed a Complaint in Intervention on April 14, 2021. The DOJ complaint reasserts many of ACBMC’s allegations but, importantly, introduces a demand for compensatory damages from injuries caused by Chicago’s failure to comply with Title II and Section 504.

With the DOJ’s involvement in the case, fact discovery was extended until September 30, 2021, and expert discovery till January 31, 2022. Dispositive motions and accompanying memoranda following discovery were set for a due date of February 22, 2022.

On March 4, 2022 the Court granted certification of the proposed plaintiff class of all blind and low-vision pedestrians who use the City of Chicago’s signalized pedestrian intersections.  

Throughout discovery both the Plaintiffs and the Defendants made multiple motions with the effect of extending the case to the impatience of the court. On August 15, 2022, the City of Chicago filed a motion for partial judgment on the pleadings, and partial summary judgment. Also on August 15, 2022, intervenor, the United States, filed a motion for summary judgment on liability. Plaintiffs also filed a motion for partial summary judgment on the issue of the city’s liability. The parties differed on the question of whether or not the city’s network of pedestrian signals amounts to a public service or program for which it would then be liable under the ADA. 

On January 12, 2023, the City of Chicago filed a motion for referral to mediation.  Plaintiffs opposed said motion, and on February 7, 2023, the court denied the motion. The court stated that the parties disagreed on too many issues, and the City’s motion and conduct suggested that mediation would not be fruitful.  

On March 31, 2023, the court responded to the flurry of motions on the pleadings, for summary judgment, partial summary judgment, and miscellaneous relief. The court denied the Defendant’s motion for summary judgment, and motion for judgment on the pleadings except to the extent it sought to bar the Government from recovering compensatory damages for injuries arising out of conduct that occurred prior to April 15, 2018.  On the other hand, the court granted the plaintiffs’ and the Government’s motions for summary judgment with regards to the City’s liability under the ADA and Section 504 for failure to provide meaningful access to the city’s pedestrian traffic signals.  The court determined that Pedestrian signals could be considered “services, programs, or activities” for the purposes of liability under the ADA, and that the city failed to provide meaningful access to them for those who are blind and low-vision by failing to provide necessary accommodations in the form of APS signals at pedestrian crossings.  

As of May, 2023 this case is ongoing.  

Summary Authors

Esteban Woo Kee (6/7/2021)

Nina Charap (5/4/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16232945/parties/american-council-of-the-blind-of-metropolitan-chicago-v-city-of-chicago/


Judge(s)

Bucklo, Elaine E. (Illinois)

Attorney for Plaintiff

Brandt-Young, Christina (New York)

Caiola, Michelle Anne (New York)

Attorney for Defendant

Caplin, Laura Elizabeth (Illinois)

Expert/Monitor/Master/Other

Bond, Rebecca B. (District of Columbia)

show all people

Documents in the Clearinghouse

Document

1:19-cv-06322

Docket [PACER]

American Council of The Blind of Metropolitan Chicago v. City of Chicago

May 24, 2021

May 24, 2021

Docket
1

1:19-cv-06322

Complaint

American Council of the Blind of Metropolitan Chicago v. City of Chicago

Sept. 23, 2019

Sept. 23, 2019

Complaint
15

1:19-cv-06322

First Amended Complaint

American Council of the Blind of Metropolitan Chicago v. City of Chicago

Oct. 3, 2019

Oct. 3, 2019

Complaint
43

1:19-cv-06322

Memorandum Opinion and Order

American Council of the Blind of Metropolitan Chicago v. City of Chicago

March 9, 2020

March 9, 2020

Order/Opinion

461 F.Supp.3d 461

74

1:19-cv-06322

United States' Unopposed Motion to Intervene as a Plaintiff

April 8, 2021

April 8, 2021

Pleading / Motion / Brief
78

1:19-cv-06322

Complaint in Intervention of the United States of America

American Council of the Blind of Metropolitan Chicago v. City of Chicago

April 14, 2021

April 14, 2021

Complaint
115

1:19-cv-06322

Memorandum Opinion and Order

Nov. 4, 2021

Nov. 4, 2021

Order/Opinion

2021 WL 2021

150

1:19-cv-06322

Memorandum Opinion and Order

March 4, 2022

March 4, 2022

Order/Opinion

589 F.Supp.3d 589

248

1:19-cv-06322

Memorandum Opinion and Order

March 31, 2023

March 31, 2023

Order/Opinion

2023 WL 2023

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16232945/american-council-of-the-blind-of-metropolitan-chicago-v-city-of-chicago/

Last updated Feb. 20, 2024, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by Maureen Heneghan, Ann Brash, American Council of The Blind of Metropolitan Chicago, Ray Campbell; Filing fee $ 400, receipt number 0752-16262034.(Telman, Nigel) (Entered: 09/23/2019)

Sept. 23, 2019

Sept. 23, 2019

Clearinghouse

case assigned

Sept. 23, 2019

Sept. 23, 2019

PACER
2

CIVIL Cover Sheet (Telman, Nigel) (Entered: 09/23/2019)

Sept. 23, 2019

Sept. 23, 2019

PACER
3

ATTORNEY Appearance for Plaintiffs American Council of The Blind of Metropolitan Chicago, Ann Brash, Ray Campbell, Maureen Heneghan by Nigel F. Telman (Telman, Nigel) (Entered: 09/23/2019)

Sept. 23, 2019

Sept. 23, 2019

PACER

summons issued

Sept. 23, 2019

Sept. 23, 2019

PACER
4

ATTORNEY Appearance for Plaintiffs American Council of The Blind of Metropolitan Chicago, Ann Brash, Ray Campbell, Maureen Heneghan by Edward Chester Young (Young, Edward) (Entered: 09/23/2019)

Sept. 23, 2019

Sept. 23, 2019

PACER
5

ATTORNEY Appearance for Plaintiffs American Council of The Blind of Metropolitan Chicago, Ann Brash, Ray Campbell, Maureen Heneghan by Holly Renae Morris (Morris, Holly) (Entered: 09/23/2019)

Sept. 23, 2019

Sept. 23, 2019

PACER

CASE ASSIGNED to the Honorable Elaine E. Bucklo. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (td, )

Sept. 23, 2019

Sept. 23, 2019

PACER

SUMMONS Issued as to Defendants Chicago Department of Transportation, City of Chicago, Thomas Carney(mc, )

Sept. 23, 2019

Sept. 23, 2019

PACER

SUMMONS Issued as to Defendant Lori Lightfoot (mc, )

Sept. 23, 2019

Sept. 23, 2019

PACER
6

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16265990. (Caiola, Michelle) (Entered: 09/24/2019)

Sept. 24, 2019

Sept. 24, 2019

PACER
7

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16266005. (Brandt-Young, Christina) (Entered: 09/24/2019)

Sept. 24, 2019

Sept. 24, 2019

PACER
8

ATTORNEY Appearance for Plaintiffs American Council of The Blind of Metropolitan Chicago, Ann Brash, Ray Campbell, Maureen Heneghan by Jelena Kolic (Kolic, Jelena) (Entered: 09/24/2019)

Sept. 24, 2019

Sept. 24, 2019

PACER
9

SUMMONS Returned Executed by Maureen Heneghan, Ann Brash, American Council of The Blind of Metropolitan Chicago, Ray Campbell as to City of Chicago on 9/24/2019, answer due 10/15/2019. (Telman, Nigel) (Entered: 09/24/2019)

Sept. 24, 2019

Sept. 24, 2019

PACER
10

SUMMONS Returned Executed by Maureen Heneghan, Ann Brash, American Council of The Blind of Metropolitan Chicago, Ray Campbell as to Chicago Department of Transportation on 9/24/2019, answer due 10/15/2019. (Telman, Nigel) (Entered: 09/24/2019)

Sept. 24, 2019

Sept. 24, 2019

PACER
11

SUMMONS Returned Executed by Maureen Heneghan, Ann Brash, American Council of The Blind of Metropolitan Chicago, Ray Campbell as to Lori Lightfoot, in her official capacity as Mayor of the City of Chicago on 9/24/2019, answer due 10/15/2019. (Telman, Nigel) (Entered: 09/24/2019)

Sept. 24, 2019

Sept. 24, 2019

PACER
12

SUMMONS Returned Executed by Maureen Heneghan, Ann Brash, American Council of The Blind of Metropolitan Chicago, Ray Campbell as to Thomas Carney, in his official capacity as Acting Commissioner of the Chicago Department of Transportation on 9/24/2019, answer due 10/15/2019. (Telman, Nigel) (Entered: 09/24/2019)

Sept. 24, 2019

Sept. 24, 2019

PACER
13

NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in this Notice which includes a link to the (MIDP) Standing Order and a Checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the following documents (Notice of Mandatory Initial Discovery and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (jh, ) (Entered: 09/24/2019)

Sept. 24, 2019

Sept. 24, 2019

PACER
14

MINUTE entry before the Honorable Elaine E. Bucklo: Scheduling Conference set for 1/17/2020 at 09:30 AM. Rule 26(f) planning report re MIDP due 1/14/2020. The report must comply with the requirements of the Mandatory Initial Discovery Pilot program of the district court. The report form can be found on Judge Bucklo's page at www.ilnd.uscourts.gov. Mailed notice (reg) (Entered: 10/02/2019)

Oct. 2, 2019

Oct. 2, 2019

PACER
15

First AMENDED complaint by Ray Campbell, American Council of The Blind of Metropolitan Chicago, Maureen Heneghan, Ann Brash against All Defendants (Telman, Nigel) (Entered: 10/03/2019)

Oct. 3, 2019

Oct. 3, 2019

Clearinghouse

ALIAS Summons Issued as to Defendants Thomas Carney, Chicago Department of Transportation, City of Chicago, Lori Lightfoot. (jg, )

Oct. 4, 2019

Oct. 4, 2019

PACER

alias summons issued

Oct. 4, 2019

Oct. 4, 2019

PACER
16

SUMMONS Returned Executed by Ray Campbell, American Council of The Blind of Metropolitan Chicago, Maureen Heneghan, Ann Brash as to Lori Lightfoot on 10/7/2019, answer due 10/28/2019. (Telman, Nigel) (Entered: 10/08/2019)

Oct. 8, 2019

Oct. 8, 2019

PACER
17

SUMMONS Returned Executed by Ray Campbell, American Council of The Blind of Metropolitan Chicago, Maureen Heneghan, Ann Brash as to City of Chicago on 10/7/2019, answer due 10/28/2019. (Telman, Nigel) (Entered: 10/08/2019)

Oct. 8, 2019

Oct. 8, 2019

PACER
18

SUMMONS Returned Executed by Ray Campbell, American Council of The Blind of Metropolitan Chicago, Maureen Heneghan, Ann Brash as to Chicago Department of Transportation on 10/7/2019, answer due 10/28/2019. (Telman, Nigel) (Entered: 10/08/2019)

Oct. 8, 2019

Oct. 8, 2019

PACER
19

SUMMONS Returned Executed by Ray Campbell, American Council of The Blind of Metropolitan Chicago, Maureen Heneghan, Ann Brash as to Thomas Carney on 10/7/2019, answer due 10/28/2019. (Telman, Nigel) (Entered: 10/08/2019)

Oct. 8, 2019

Oct. 8, 2019

PACER
20

MINUTE entry before the Honorable Elaine E. Bucklo: Scheduling conference set for 1/31/2020 at 09:30 AM. Rule 26(f) planning report re MIDP due 1/28/2020. The report must comply with the requirements of the Mandatory Initial Discovery Pilot program of the district court. The report form can be found on Judge Bucklo's page at www.ilnd.uscourts.gov. Mailed notice (reg) (Entered: 10/11/2019)

Oct. 11, 2019

Oct. 11, 2019

PACER
21

MINUTE entry before the Honorable Elaine E. Bucklo: Application to appear pro hac vice 6 of Michelle Caiola is withdrawn. Ms. Caiola is admitted to practice in the Northern District of Illinois. Application to appear pro hac vice of Christina Brandt-Young as counsel for plaintiffs 7 is granted. Counsel is directed to file their appearance. The scheduling conference set for 1/17/2020 is stricken, the scheduling conference set for 1/31/2020 to stand. Mailed notice. (mgh, ) (Entered: 10/17/2019)

Oct. 17, 2019

Oct. 17, 2019

PACER
22

ATTORNEY Appearance for Plaintiffs American Council of The Blind of Metropolitan Chicago, Ann Brash, Ray Campbell, Maureen Heneghan by Michelle Caiola (Caiola, Michelle) (Entered: 10/28/2019)

Oct. 28, 2019

Oct. 28, 2019

PACER
23

ATTORNEY Appearance for Plaintiffs American Council of The Blind of Metropolitan Chicago, Ann Brash, Ray Campbell, Maureen Heneghan by Christina Brandt-Young (Brandt-Young, Christina) (Entered: 10/28/2019)

Oct. 28, 2019

Oct. 28, 2019

PACER
24

ATTORNEY Appearance for Defendants Thomas Carney, Chicago Department of Transportation, City of Chicago, Lori Lightfoot by Peter Hardt Cavanaugh (Cavanaugh, Peter) (Entered: 10/28/2019)

Oct. 28, 2019

Oct. 28, 2019

PACER
25

MOTION by Defendants Thomas Carney, Chicago Department of Transportation, City of Chicago, Lori Lightfoot for extension of time (Cavanaugh, Peter) (Entered: 10/28/2019)

Oct. 28, 2019

Oct. 28, 2019

PACER
26

NOTICE of Motion by Peter Hardt Cavanaugh for presentment of extension of time 25 before Honorable Elaine E. Bucklo on 11/1/2019 at 09:30 AM. (Cavanaugh, Peter) (Entered: 10/28/2019)

Oct. 28, 2019

Oct. 28, 2019

PACER
27

MINUTE entry before the Honorable Elaine E. Bucklo: Defendants' motion for an extension of time to answer or otherwise plead in response to plaintiffs' amended complaint up to and including 12/12/19 25 is granted. Motion hearing set for 11/1/19 is stricken; no appearance required. Mailed notice (mjc, ) (Entered: 10/31/2019)

Oct. 31, 2019

Oct. 31, 2019

PACER
28

ATTORNEY Appearance for Defendant City of Chicago by Matthew Scot Payne (Payne, Matthew) (Entered: 12/10/2019)

Dec. 10, 2019

Dec. 10, 2019

PACER
29

ATTORNEY Appearance for Defendant City of Chicago by Laura Elizabeth Caplin (Caplin, Laura) (Entered: 12/10/2019)

Dec. 10, 2019

Dec. 10, 2019

PACER
30

MOTION by Defendant City of Chicago for extension of time Agreed to Motion for an Extension of Time to Answer or Otherwise Plead in Response to Plaintiffs' Amended Complaint (Payne, Matthew) (Entered: 12/10/2019)

Dec. 10, 2019

Dec. 10, 2019

PACER
31

Notice of Agreed to Motion for an Extension of Time to Answer or Otherwise Plead in Response to Plaintiffs' Amended Complaint NOTICE of Motion by Matthew Scot Payne for presentment of extension of time 30 before Honorable Elaine E. Bucklo on 12/18/2019 at 09:30 AM. (Payne, Matthew) (Entered: 12/10/2019)

Dec. 10, 2019

Dec. 10, 2019

PACER
32

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16519911. (Hansberry, John) (Entered: 12/11/2019)

Dec. 11, 2019

Dec. 11, 2019

PACER
33

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16520001. (Marketich, Nathan) (Entered: 12/11/2019)

Dec. 11, 2019

Dec. 11, 2019

PACER
34

MINUTE entry before the Honorable Elaine E. Bucklo: Agreed motion for extension of time to 1/02/2020 to respond to plaintiffs' amended complaint 30 is granted. Scheduling conference re MIDP previously set for 1/31/2020 to stand. Motions of John Hansberry and Nathan Marketich to appear pro hac vice 32 and 33 are granted. Mailed notice (reg) (Entered: 12/16/2019)

Dec. 16, 2019

Dec. 16, 2019

PACER
35

ATTORNEY Appearance for Defendants Thomas Carney, Chicago Department of Transportation, City of Chicago, Lori Lightfoot by Andrew S. Mine (Mine, Andrew) (Entered: 01/02/2020)

Jan. 2, 2020

Jan. 2, 2020

PACER
36

MOTION by Defendants Chicago Department of Transportation, Thomas Carney, Lori Lightfoot, City of Chicago to dismiss Partial Motion to Dismiss First Amended Complaint (Payne, Matthew) (Entered: 01/02/2020)

Jan. 2, 2020

Jan. 2, 2020

PACER
37

MEMORANDUM by Thomas Carney, Chicago Department of Transportation, City of Chicago, Lori Lightfoot in support of motion to dismiss 36 First Amended Complaint (Attachments: # 1 Exhibit A)(Payne, Matthew) (Entered: 01/02/2020)

Jan. 2, 2020

Jan. 2, 2020

PACER
38

NOTICE of Motion by Matthew Scot Payne for presentment of motion to dismiss 36 before Honorable Elaine E. Bucklo on 1/9/2020 at 09:45 AM. (Payne, Matthew) (Entered: 01/02/2020)

Jan. 2, 2020

Jan. 2, 2020

PACER
39

MINUTE entry before the Honorable Elaine E. Bucklo: The Court sets the following briefing schedule on Defendant's partial motion to dismiss first amended complaint 36 as follows: Plaintiff to respond by 1/30/2020. Defendants to reply by 2/13/2020. Ruling before Honorable Elaine E. Bucklo on 3/19/2020 at 9:45 a.m. The scheduling conference date of 1/31/2020 is stricken, pending disposition of motion to dismiss. No appearance required on 1/9/2020. Mailed notice. (mgh, ) (Entered: 01/08/2020)

Jan. 8, 2020

Jan. 8, 2020

PACER
40

RESPONSE by American Council of The Blind of Metropolitan Chicago, Ann Brash, Ray Campbell, Maureen Heneghanin Opposition to MOTION by Defendants Chicago Department of Transportation, Thomas Carney, Lori Lightfoot, City of Chicago to dismiss Partial Motion to Dismiss First Amended Complaint 36 (Attachments: # 1 Exhibit A)(Young, Edward) (Entered: 01/30/2020)

Jan. 30, 2020

Jan. 30, 2020

PACER
41

REPLY by Defendants Thomas Carney, Chicago Department of Transportation, City of Chicago, Lori Lightfoot in Support of its Partial Motion to Dismiss First Amended Complaint (Hansberry, John) (Entered: 02/13/2020)

Feb. 13, 2020

Feb. 13, 2020

PACER
42

MINUTE entry before the Honorable Elaine E. Bucklo: Defendant's partial motion to dismiss first amended complaint 36 is granted in part. Enter Memorandum Opinion and Order. Scheduling Conference set for 3/27/2020 at 9:45 a.m. Rule 26(f) planning report re MIDP due 3/24/2020. No appearance required on 3/19/2020. Lori Lightfoot (in her official capacity as Mayor of the City of Chicago), Thomas Carney (in his official capacity as Acting Commissioner of the Chicago Department of Transportation) and Chicago Department of Transportation are terminated. Mailed notice. (mgh, ) (Entered: 03/09/2020)

March 9, 2020

March 9, 2020

PACER

Order on Motion to Dismiss

March 9, 2020

March 9, 2020

PACER
43

MEMORANDUM Opinion and Order signed by the Honorable Elaine E. Bucklo on 3/9/2020. Mailed notice. (mgh, ) (Entered: 03/09/2020)

March 9, 2020

March 9, 2020

Clearinghouse
44

ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice. (ecw, ) (Entered: 03/16/2020)

March 16, 2020

March 16, 2020

PACER
45

ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice. (ecw, ) (Entered: 03/17/2020)

March 16, 2020

March 16, 2020

PACER
46

MINUTE entry before the Honorable Elaine E. Bucklo: Pursuant to Amended General Order 20-0012, Scheduling Conference is reset for 4/27/2020 at 9:45 a.m. Rule 26(f) report re MIDP due 4/24/2020. Mailed notice. (mgh, ) (Entered: 03/20/2020)

March 20, 2020

March 20, 2020

PACER
47

ORDER Seconded Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020: Mailed notice. (docket3, ) (Entered: 03/31/2020)

March 30, 2020

March 30, 2020

PACER
48

MINUTE entry before the Honorable Elaine E. Bucklo: Pursuant to Second Amended General Order 20-0012, the Scheduling Conference set for 4/27/2020 is stricken and reset to 6/24/2020 at 9:45 a.m. Rule 26(f) report re MIDP due 6/19/2020. Mailed notice. (mgh, ) (Entered: 04/13/2020)

April 13, 2020

April 13, 2020

PACER
49

MINUTE entry before the Honorable Elaine E. Bucklo: Pursuant to Second Amended General Order 20-0012, the Scheduling Conference set for 4/27/2020 is stricken and reset to 6/24/2020 at 9:45 a.m. Rule 26(f) report re MIDP due 6/19/2020. Mailed notice. (mgh, ) (Entered: 04/13/2020)

April 13, 2020

April 13, 2020

PACER
50

ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties are must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020: Mailed notice. (docket6, ) (Entered: 04/27/2020)

April 24, 2020

April 24, 2020

PACER
51

ORDER ORDER Fourth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on May 26, 2020. This Order does not extend or modify any deadlines set in civil cases. For non-emergency motions, no motion may be noticed for presentment on a date earlier than July 15, 2020. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 5/26/2020: Mailed notice. (docket7, ) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

PACER
52

ANSWER to amended complaint and Affirmative Defenses by City of Chicago(Payne, Matthew) (Entered: 06/08/2020)

June 8, 2020

June 8, 2020

PACER
53

MINUTE entry before the Honorable Elaine E. Bucklo: The court on its own motion amends the order entered on 4/13/2020, as follows: the court will enter a schedule on the parties' Rule 26(f) report and no appearance will be required on 6/24/2020. Mailed notice (reg) (Entered: 06/17/2020)

June 17, 2020

June 17, 2020

PACER
54

Rule 26(f) Report for Mandatory Initial Discovery Pilot (MIDP) / Joint Status Report, filed by Plaintiffs American Council of The Blind of Metropolitan Chicago, Ann Brash, Ray Campbell, Maureen Heneghan. (Young, Edward) (Entered: 06/19/2020)

June 19, 2020

June 19, 2020

PACER
55

MINUTE entry before the Honorable Elaine E. Bucklo: The Court adopts the report of parties planning meeting. Parties written discovery to be issued by 7/22/2020. Plaintiff is given to and including 7/10/2020 to amend all pleadings and to add any additional parties. Defendant is given to and including 7/31/2020 to amend all pleadings and to add any additional parties. Fact discovery ordered closed by 1/22/2021. Plaintiff shall comply with FRCP 26(a)(2) by 1/31/2021. Defendant shall comply with FRCP 26(a)(2) by 3/31/2021. All expert discovery to be completed by 4/30/2021. Dispositive motions with supporting memoranda due by 5/31/2021. Status hearing set for 1/22/2021 at 9:45 a.m. (to track the case only, no appearance is required). The parties shall file a joint written status report by 1/11/2021. The court will enter a scheduling order in response to the status report. The scheduling conference date of 6/24/2020 is stricken and no appearance is required. Mailed notice. (mgh, ) (Entered: 06/23/2020)

June 23, 2020

June 23, 2020

PACER
56

CERTIFICATE of Service of Rule 26(a)(1) and Mandatory Initial Discovery Pilot Project Disclosures by Matthew Scot Payne on behalf of City of Chicago (Payne, Matthew) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

PACER
57

CERTIFICATE of Service OF PLAINTIFFS' MANDATORY INITIAL DISCLOSURES by Nigel F. Telman on behalf of All Plaintiffs (Telman, Nigel) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

PACER
58

ORDER Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020: Mailed notice. (Clerk6, Docket) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

PACER
59

CERTIFICATE of Service by Matthew Scot Payne on behalf of City of Chicago (Payne, Matthew) (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

PACER
60

CERTIFICATE of Service OF PLAINTIFFS' PRODUCTION DOCUMENTS by Nigel F. Telman on behalf of All Plaintiffs (Telman, Nigel) (Entered: 08/17/2020)

Aug. 17, 2020

Aug. 17, 2020

PACER
61

CERTIFICATE of Service by Matthew Scot Payne on behalf of City of Chicago (Payne, Matthew) (Entered: 08/18/2020)

Aug. 18, 2020

Aug. 18, 2020

PACER
62

CERTIFICATE of Service by Matthew Scot Payne on behalf of City of Chicago (Payne, Matthew) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

PACER
63

MOTION by Attorney Michelle Caiola to withdraw as attorney for American Council of The Blind of Metropolitan Chicago, Ann Brash, Ray Campbell, Maureen Heneghan. No party information provided (Brandt-Young, Christina) (Entered: 10/28/2020)

Oct. 28, 2020

Oct. 28, 2020

PACER
64

MOTION by Plaintiffs American Council of The Blind of Metropolitan Chicago, Ann Brash, Ray Campbell, Maureen Heneghan for order / Plaintiffs' Unopposed Motion for the Entry of an ESI Protocol and Confidentiality Order (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Young, Edward) (Entered: 11/25/2020)

Nov. 25, 2020

Nov. 25, 2020

PACER
65

NOTICE of Motion by Edward Chester Young for presentment of motion for order, 64 before Honorable Elaine E. Bucklo on 12/3/2020 at 09:45 AM. (Young, Edward) (Entered: 11/25/2020)

Nov. 25, 2020

Nov. 25, 2020

PACER
66

MINUTE entry before the Honorable Elaine E. Bucklo: Motion to withdraw as counsel for plaintiffs 63 is granted. Attorney Michelle Caiola is terminated. Plaintiffs' unopposed motion for the entry of an ESI Protocol and Confidentiality Order 64 is granted. Mailed notice. (mgh, ) (Entered: 12/02/2020)

Dec. 2, 2020

Dec. 2, 2020

PACER
67

MOTION by Plaintiffs American Council of The Blind of Metropolitan Chicago, Ann Brash, Ray Campbell, Maureen Heneghan for extension of time to complete discovery Filed jointly for all parties (Brandt-Young, Christina) (Entered: 12/22/2020)

Dec. 22, 2020

Dec. 22, 2020

PACER
68

CERTIFICATE of Service City of Chicago's Objections and Responses to Plfs' Amended First Set of Requests for Production of Documents by Matthew Scot Payne on behalf of City of Chicago (Payne, Matthew) (Entered: 12/29/2020)

Dec. 29, 2020

Dec. 29, 2020

PACER
69

MINUTE entry before the Honorable Elaine E. Bucklo: Joint motion for 3-month extension of time to complete discovery 67 is granted. By agreement, plaintiff to comply with Rule 26(a)(2) by 4/30/2021; defendant to comply with the same by 6/30/2021. Expert discovery deadline reset to 7/30/2021; dispositive motion deadline reset to 8/31/2021. Fact discovery deadline reset to 4/22/2021. Status hearing reset for 4/22/2021 at 09:45 AM (to track the case only; no appearance required). Joint status report due 4/19/2021. The court will enter an order based on the report. Mailed notice (reg) (Entered: 12/30/2020)

Dec. 30, 2020

Dec. 30, 2020

PACER
70

MINUTE entry before the Honorable Elaine E. Bucklo: Joint motion for 3-month extension of time to complete discovery 67 is granted. By agreement, plaintiff to comply with Rule 26(a)(2) by 4/30/2021; defendant to comply with the same by 6/30/2021. Expert discovery deadline reset to 7/30/2021; dispositive motion deadline reset to 8/31/2021. Fact discovery deadline reset to 4/22/2021. Status hearing reset for 4/22/2021 at 09:45 AM (to track the case only; no appearance required). Joint status report due 4/19/2021. The court will enter an order based on the report. (Double entry with PDF). Mailed notice. (mgh, ) (Entered: 12/30/2020)

Dec. 30, 2020

Dec. 30, 2020

PACER
71

CERTIFICATE of Service by Matthew Scot Payne on behalf of City of Chicago (Payne, Matthew) (Entered: 02/26/2021)

Feb. 26, 2021

Feb. 26, 2021

PACER
72

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18065995. (Kelly, Timothy) (Entered: 03/29/2021)

March 29, 2021

March 29, 2021

PACER
73

MINUTE entry before the Honorable Elaine E. Bucklo: Motion to appear pro hac vice 72 is granted. Mailed notice (reg) (Entered: 04/07/2021)

April 7, 2021

April 7, 2021

PACER
74

MOTION by Movant United States of America to intervene (Attachments: # 1 Exhibit A: Proposed Complaint in Intervention of the United States of America)(North, Sarah) (Entered: 04/08/2021)

April 8, 2021

April 8, 2021

Clearinghouse
75

UNOPPOSED NOTICE of Motion by Sarah J. North for presentment of motion to intervene 74 before Honorable Elaine E. Bucklo on 4/14/2021 at 09:45 AM. (North, Sarah) (Entered: 04/09/2021)

April 9, 2021

April 9, 2021

PACER
76

CERTIFICATE of Service by Matthew Scot Payne on behalf of City of Chicago (Payne, Matthew) (Entered: 04/13/2021)

April 13, 2021

April 13, 2021

PACER
77

MINUTE entry before the Honorable Elaine E. Bucklo: United States' motion to intervene as a plaintiff 74 is granted. Mailed notice. (mgh, ) (Entered: 04/14/2021)

April 14, 2021

April 14, 2021

PACER
78

INTERVENOR complaint filed by United States of America against City of Chicago(North, Sarah) (Entered: 04/14/2021)

April 14, 2021

April 14, 2021

Clearinghouse
79

ATTORNEY Appearance for Intervenor United States of America by Matthew J Faiella (Faiella, Matthew) (Entered: 04/14/2021)

April 14, 2021

April 14, 2021

PACER
80

DESIGNATION of Patrick Walter Johnson as U.S. Attorney for Intervenor United States of America (Johnson, Patrick) (Entered: 04/14/2021)

April 14, 2021

April 14, 2021

PACER
81

CERTIFICATE of Service of Amended Notice of Taking Deposition of Plaintiff Ann Brash, Plaintiff Ray Campbell and Taking Rule 30(B)(6) Deposition of Plaintiff American Counsel of the Blind of Metropolitan Chicago by Matthew Scot Payne on behalf of City of Chicago (Payne, Matthew) (Entered: 04/15/2021)

April 15, 2021

April 15, 2021

PACER

ALIAS Summons Issued as to Defendant City of Chicago. (crl, )

April 16, 2021

April 16, 2021

PACER
82

STATUS Report JOINT by United States of America (North, Sarah) (Entered: 04/19/2021)

April 19, 2021

April 19, 2021

PACER
83

MINUTE entry before the Honorable Elaine E. Bucklo: Per the parties' joint status report and by agreement, Fact Discovery is extended and ordered closed by 9/30/2021. Plaintiff shall comply with FRCP 26(a)(2) by 10/12/2021. Defendant shall comply with FRCP 26(a)(2) by 12/13/2021. All expert discovery to be completed by 1/31/2022. Dispositive motions with supporting memoranda due by 2/28/2022. Status hearing is reset for 10/7/2021 at 9:45 a.m. (to track the case only, no appearance is required). The parties shall file a joint written status report by 9/30/2021. The court will enter a scheduling order in response to the status report. Mailed notice. (mgh, ) (Entered: 04/22/2021)

April 22, 2021

April 22, 2021

PACER
84

CERTIFICATE of Service by Matthew Scot Payne on behalf of City of Chicago (Payne, Matthew) (Entered: 04/28/2021)

April 28, 2021

April 28, 2021

PACER
85

NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP), filed by Intervenor United States of America. (Faiella, Matthew) (Entered: 05/14/2021)

May 14, 2021

May 14, 2021

PACER
86

CERTIFICATE of Service by Matthew Scot Payne on behalf of City of Chicago (Payne, Matthew) (Entered: 05/24/2021)

May 24, 2021

May 24, 2021

PACER
106

Compel

Oct. 29, 2021

Oct. 29, 2021

PACER
114

Order on Motion for Protective Order

Nov. 4, 2021

Nov. 4, 2021

PACER
115

MEMORANDUM OPINION AND ORDER: Signed by the Honorable Jeffrey Cole on 11/4/21. Mailed notice (yt)

Nov. 4, 2021

Nov. 4, 2021

Clearinghouse
120

Compel

Nov. 16, 2021

Nov. 16, 2021

PACER
123

Order on Motion to Compel

Nov. 16, 2021

Nov. 16, 2021

PACER

Case Details

State / Territory: Illinois

Case Type(s):

Disability Rights

Public Accommodations/Contracting

Public Benefits/Government Services

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 23, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs are three named blind individuals, a non-profit organization American Council of the Blind of Metropolitan Chicago (ACBMC), and the class of all persons with vision-related disabilities who use, or seek to use, pedestrian signals in Chicago.

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

City of Chicago (Chicago, Cook), City

Defendant Type(s):

Sanitation/Public Works

Jurisdiction-wide

Case Details

Causes of Action:

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

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Disability and Disability Rights:

Reasonable Accommodations

Reasonable Modifications

Sidewalks

Hearing impairment

Visual impairment

Discrimination-basis:

Disability (inc. reasonable accommodations)

Type of Facility:

Government-run