Case: 1:92-cv Document #: 929 Filed: 10/29/12 Page 1 of 5 PageID #:16507

Similar documents
Case: 1:16-cv Document #: 24 Filed: 07/18/16 Page 1 of 6 PageID #:237

Case: 1:16-cv Document #: 45 Filed: 08/03/17 Page 1 of 7 PageID #:189

Case: 1: 1 0-cv Document #: 77 Filed: 03/22/11 Page 1 of 9 PageID #:569

Case: 1:03-cr Document #: 205 Filed: 10/06/10 Page 1 of 7 PageID #:535

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION ) ) ) ) ) ) ) ) ) MEMORANDUM OPINION AND ORDER

Case: 1:11-cv Document #: 353 Filed: 01/20/17 Page 1 of 8 PageID #:4147

Case 3:12-cv DRH-SCW Document 942 Filed 09/04/18 Page 1 of 9 Page ID #40056

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

Case: 1:10-cv Document #: 85 Filed: 11/01/10 Page 1 of 6 PageID #:1545

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

is to establish a mechanism for meaningful community participation in the enforcement of any

Case: 1:15-cv Document #: 169 Filed: 12/01/17 Page 1 of 7 PageID #:2786

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA MISSOULA DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

UNITED STATE DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE

Case: 1:13-cv Document #: 19 Filed: 06/13/13 Page 1 of 8 PageID #:901

Case 1:11-cv AWI-BAM Document 201 Filed 12/12/14 Page 1 of 11 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

United States DistrictCourt NORTHERN DISTRICT OF ILLINOIS CHICAGO, ILLINOIS 60604

Case: Document: 6 Filed: 11/03/2016 Pages: 6 UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT. No ) ) ) ) ) ) ) ) ) )

Case: 2:14-cv PCE-NMK Doc #: 98 Filed: 11/26/14 Page: 1 of 5 PAGEID #: 6215

Case: 1:06-cv SL Doc #: 266 Filed: 08/23/10 1 of 5. PageID #: 8484

Case: 1:98-cv Document #: 715 Filed: 02/13/14 Page 1 of 9 PageID #:6638

Case: 1:08-cv Document #: 222 Filed: 02/14/11 Page 1 of 10 PageID #:2948

Case: 1:17-cv Document #: 24 Filed: 01/18/18 Page 1 of 9 PageID #:129

U.S. District Court. Northern District of Illinois (Chicago) CIVIL DOCKET FOR CASE #: 00-CV Soc of Lloyd's v. Collins, et al

Case: 1:11-cv Document #: 144 Filed: 09/29/14 Page 1 of 9 PageID #:1172

Case 8:15-cv JSM-EAJ Document 79 Filed 06/08/15 Page 1 of 6 PageID 807 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

Case 2:17-cv MJP Document 121 Filed 12/29/17 Page 1 of 6

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

Case jal Doc 133 Filed 04/11/17 Entered 04/11/17 12:17:09 Page 1 of 8 UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF KENTUCKY

Case: 3:07-cv KKC Doc #: 42 Filed: 03/20/08 Page: 1 of 8 - Page ID#: 282

Case: 1:16-cv Document #: 20 Filed: 06/13/17 Page 1 of 10 PageID #:112

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION. Plaintiff, v. Case No. 8:12-cv-1848-T-33TBM ORDER

Case: 1:06-cv Document #: 771 Filed: 03/15/19 Page 1 of 9 PageID #:28511

Case: 1:16-cv Document #: 12 Filed: 12/16/16 Page 1 of 5 PageID #:28

United States District Court Northern District of Illinois - CM/ECF LIVE, Ver 2.5 (Chicago) CIVIL DOCKET FOR CASE #: 1:03-cv-06364

Case: 1:18-cv Document #: 37 Filed: 06/28/18 Page 1 of 8 PageID #:322

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA GAINESVILLE DIVISION. v. CASE NO. 1:10-cv SPM-GRJ ORDER

Case 4:05-cv Y Document 86 Filed 04/30/07 Page 1 of 7 PageID 789 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS FORT WORTH DIVISION

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

United States Court of Appeals

Case4:09-cv CW Document69 Filed01/06/12 Page1 of 5

Case: 1:10-cv Document #: 121 Filed: 10/01/10 Page 1 of 5 PageID #:1626. No. - IN THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT

Case: 1:10-cv Document #: 79 Filed: 12/18/12 Page 1 of 6 PageID #:859

Case: 1:13-cv Document #: 29 Filed: 08/14/13 Page 1 of 7 PageID #:429

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION. v. Civil Action No. 3:16-CV-1570-L MEMORANDUM OPINION AND ORDER

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION PLAINTIFFS, ) JUDGE SARA LIOI ) MEMORANDUM OPINION ) AND ORDER

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO ORDER

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

United States Court of Appeals

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER

Case4:09-cv CW Document417 Filed12/01/11 Page1 of 5

Case jal Doc 14 Filed 10/03/16 Entered 10/03/16 09:40:35 Page 1 of 8 UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF KENTUCKY

3:16-cv MGL Date Filed 02/15/17 Entry Number 36 Page 1 of 6

Case 1:14-cv CG-N Document 59 Filed 01/25/15 Page 1 of 6

Case 3:11-cv WDS-PMF Document 73 Filed 07/09/13 Page 1 of 6 Page ID #688

Case: 1:17-cv Document #: 43 Filed: 09/08/17 Page 1 of 6 PageID #:233

Case: 1:74-cv Document #: 43 Filed: 06/02/11 Page 1 of 14 PageID #:105

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE

Case: 1:79-cv Document #: 318 Filed: 05/16/18 Page 1 of 12 PageID #:1

Case5:12-cv HRL Document9 Filed08/09/12 Page1 of 5

Case 1:14-cv JBW-LB Document 116 Filed 04/05/16 Page 1 of 9 PageID #: CV-1 199


Case 1:11-cv RHS-WDS Document 5 Filed 11/10/11 Page 1 of 14 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

Case 3:11-cv RBD-TEM Document 150 Filed 08/23/12 Page 1 of 5 PageID 3418

Case: 1:17-cv Document #: 99 Filed: 10/13/17 Page 1 of 5 PageID #:1395 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT United States Courthouse 219 S Dearborn Street Chicago, Illinois DOCKETING STATEMENT

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

Case 3:17-cv L Document 23 Filed 11/27/17 Page 1 of 6 PageID 151 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

Case: 1:10-cv Document #: 92 Filed: 12/06/10 Page 1 of 10 PageID #:1591

Case: 3:18-cv JJH Doc #: 40 Filed: 01/08/19 1 of 6. PageID #: 296

Case: 4:16-cv ERW Doc. #: 105 Filed: 05/15/18 Page: 1 of 10 PageID #: 915

Case: 1:13-cv Document #: 52 Filed: 10/07/13 Page 1 of 10 PageID #:1366

Case 2:16-cv JMA-SIL Document 5 Filed 12/27/16 Page 1 of 2 PageID #: 88 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK

Case 1:16-cv WTL-DLP Document 44 Filed 03/09/18 Page 1 of 13 PageID #: 615

Case 2:09-cv KJM-CKD Document 35 Filed 09/26/11 Page 1 of 13

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

Case jal Doc 37 Filed 01/17/17 Entered 01/17/17 14:42:59 Page 1 of 9 UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF KENTUCKY

Case 3:12-cv B Document 31 Filed 12/03/12 Page 1 of 11 PageID 347 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

rdd Doc 185 Filed 03/26/19 Entered 03/26/19 20:51:31 Main Document Pg 1 of 14

1:12-cv TLL-CEB Doc # 16 Filed 01/29/13 Pg 1 of 5 Pg ID 83 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN NORTHERN DIVISION

PACIFIC LEGAL FOUNDATION. Case 2:13-cv KJM-DAD Document 80 Filed 07/07/15 Page 1 of 3

Case 2:16-cv AJS Document 125 Filed 01/27/17 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA - Alexandria Division -

Case: 1:12-cv Document #: 576 Filed: 07/06/17 Page 1 of 15 PageID #:22601

Case 3:16-cv CWR-LRA Document 25 Filed 08/08/16 Page 1 of 9

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA Civil Action No. 1:16-cv-1274-LCB-JLW

Case: 1:03-cv SSB-JGW Doc #: 219 Filed: 04/11/12 Page: 1 of 10 PAGEID #: 2038

Case: 1:12-cv Document #: 55 Filed: 02/25/13 Page 1 of 9 PageID #:525

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT ORDER AND JUDGMENT * Before TYMKOVICH, HOLLOWAY, and MATHESON, Circuit Judges.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

Case: 1:13-cr Document #: 24 Filed: 04/14/14 Page 1 of 8 PageID #:108

Transcription:

Case: 1:92-cv-03409 Document #: 929 Filed: 10/29/12 Page 1 of 5 PageID #:16507 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION COREY H., LATRICIA H., ANDREW B., and ) JASON E., by their parents and next friends, ) SHIRLEY P., BEVERLY HL, SHARON B., and ) STEPHEN E., on behalf of a class of similarly ) situated persons, ) ) Plaintiff, ) ) No. 92 C 3409 v. ) ) Judge Robert W. Gettleman THE BOARD OF EDUCATION OF THE CITY ) OF CHICAGO, and THE ILLINOIS STATE ) BOARD OF EDUCATION, ) ) Defendants. ) MEMORANDUM OPINION AND ORDER DENYING CPS SECOND MOTION TO VACATE WITHOUT PREJUDICE In March 2012, defendant the Board of Education of the City of Chicago ( Chicago Public Schools or CPS ), 1 filed two motions to vacate. The first motion to vacate (Doc. 812) was based on CPS s contention that the class of children with disabilities that had been certified by Judge Leinenweber in 1992 should be decertified based primarily on the recent Seventh Circuit decision in Jamie S.. Milwaukee Public Schools, 668 F.3d 481 (7th Cir. 2012). The court denied that motion in a memorandum opinion and order dated July 19, 2012 (Doc. 886), and the matter is currently pending in the court of appeals. CPS s second motion to vacate (Doc. 852) was based on what it termed substantial compliance with its Consent Decree. The court honored CPS s request to deal with the first motion to vacate before setting a final briefing schedule on the second motion. Thereafter, in 1 All terms of art used herein are those adopted in the court s memorandum opinion and order dated July 19, 2012, denying CPS s first motion to vacate (Doc. 886).

Case: 1:92-cv-03409 Document #: 929 Filed: 10/29/12 Page 2 of 5 PageID #:16508 June 2012 CPS supplemented its second motion to vacate, and plaintiffs filed a responsive brief on August 27, 2012. CPS s reply brief was filed on September 17, 2012. At the time CPS filed its two motions to vacate, pursuant to the Extension Agreement entered into by the parties and approved by the court (Doc. 728), the CPS Consent Decree was set to expire in less than six months. Under the Extension Agreement, the parties agreed that the Monitor would issue a report on compliance by CPS with its Consent Decree obligations after the Decree expired on September 1, 2012, the parties would respond to the report, and the court would issue appropriate rulings with respect to the report and the objections. CPS s second motion to vacate, based on alleged substantial compliance with those very Consent Decree obligations, thus struck the court as a costly and needless exercise in light of the imminent expiration of the Consent Decree and the issuance of a Monitor s report that would cover the very subject of compliance. The extended briefing schedule required to rule on the second motion to vacate made it virtually certain that before briefing was complete the CPS Consent Decree would have expired. This is exactly what has occurred. In its reply brief in support of its second motion to vacate, CPS was forced to confront this reality, and explained that it filed the second motion to vacate because, it contends, it was afraid that the court would double-cross the parties and extend the CPS Consent Decree beyond the date that all parties and the court had agreed it would finally expire. According to CPS, At best, the [Extension Agreement] was ambiguous as to what would occur after September 1, 2012. Given the history of extensions of the Consent Decree and the reference in the [Extension Agreement] to `before the Court dismisses this case, it was reasonable for the Board to bring its motion to vacate based on substantial compliance in March 2012, especially since `compliance 2

Case: 1:92-cv-03409 Document #: 929 Filed: 10/29/12 Page 3 of 5 PageID #:16509 issues were to be addressed in the Monitor s final report in any event. Consequently, CPS suggests that ruling on this [second] motion [to vacate] be deferred pending the Seventh Circuit s ruling on [CPS s] appeal of this court s order denying its motion to vacate the Consent Decree for lack of subject matter jurisdiction. If the Seventh Circuit confirms this court s decision denying the [CPS s] motion to vacate the Consent Decree on subject matter jurisdiction grounds, the substantial compliance motion to vacate can be taken up in conjunction with the Court Monitor s final report. First, the suggestion that this court would extend the CPS Consent Decree beyond September 1, 2012, is disrespectful, unsupported by anything the court has ever said or done, and totally without merit. In fact, this court made clear on many occasions that it had determined that the Corey H. case would come to a final conclusion on September 1, 2012, with the termination of the Consent Decree, followed by what all parties agreed would be a report by the Monitor on compliance. To suggest that this court would renege on that commitment, and to bolster that suggestion with the assertion that prior extensions of the Consent Decree had been ordered by the court without proper notice to CPS or an opportunity to be heard (nothing could be further from the truth) is equally unsupportable and inappropriate. Perhaps CPS s second motion was authored by CPS s new outside counsel, who were not involved in the case over the past 14 years that the Consent Decree has been in effect, and perhaps those same lawyers did not take the trouble to consult the record about the course of proceedings leading to the earlier 3

Case: 1:92-cv-03409 Document #: 929 Filed: 10/29/12 Page 4 of 5 PageID #:16510 extensions of the Consent Decree extensions that were not ordered without having given all parties full opportunity to weigh in. 2 Second, CPS s acknowledgment in its reply brief that its second motion to vacate raises the identical issues that will be addressed in the Monitor s final report constitutes an admission that its second motion to vacate based on substantial compliance is moot. Put simply, there is no longer a Consent Decree to vacate. It has expired, and the only remaining obligation of CPS is that which is contained in the Extension Agreement to cooperate with the Monitor in issuing her final report and, if it wishes, responding to that report. Any orders by the court in connection with that report by the Monitor will have no injunctive effect, and CPS is currently under no obligation whatever to comply, substantially or not, with any of the obligations it assumed under the expired Consent Decree. There are many other reasons to deny CPS s second motion to vacate, including timeliness, waiver, and the merits themselves. The court needn t reach those issues because the motion is moot. For this reason, the court denies CPS s second motion to vacate without 2 The CPS Settlement Agreement was approved on January 16, 1998, and by its terms was to expire on January 16, 2006. Paragraph 89 of the Settlement Agreement allowed modification on motion by any party. On July 10, 2005, the Monitor issued a report suggesting an extension (Doc. 328). CPS objected (Doc. 337) and on December 21, 2005, the court extended the Agreement until further order (Doc. 362). On January 18, 2007, plaintiffs appealed the Monitor s request to set a final extension date of September 1, 2010. CPS responded to that appeal (Doc. 467). After two hearings the court extended the CPS Settlement Agreement until September 1, 2010 (Docs. 487, 488). All further extensions were by agreement of all parties (Docs. 710, 714, 721, 728, 730). 4

Case: 1:92-cv-03409 Document #: 929 Filed: 10/29/12 Page 5 of 5 PageID #:16511 prejudice to CPS s ability to respond to the Monitor s report, as it agreed to do in the Extension Agreement. ENTER: October 29, 2012 Robert W. Gettleman United States District Judge 5