Case Details

CourtNorthern District of Illinois
Docket number1:16-cv-02999
Date case filed2016-03-09
Date case closed2017-03-21
Date of latest filing
Assigned toHonorable Andrea R. Wood
Case cause42:1983 Civil Rights Act
Nature of suit440 Civil Rights: Other
Jury demandPlaintiff
Demand
JurisdictionFederal Question

Case Parties

Party: Deborah A. Shepherd
Party type: Plaintiff
Attorney name: Thomas Carl Crooks
Attorney Contact:
Attorney at Law
Three First National Plaza
Suite 1950
Chicago, IL 60602
(312)641-2260

Trial bar Status: Active
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Patrick Fanning
Party type: Defendant
Attorney name: Stephen Joseph Haedicke
Attorney Contact:
Stephen J. Haedicke
Attorney at Law
639 Loyola Ave.
#1820
New Orleans, LA 70113
504 525 1328

Trial bar Status: Not a member
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Barry A Spector
Attorney Contact:
Spector Baker
1603 Orrington
#800
Evanston, IL 60201
(847)328-5200

Trial bar Status: Active
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: City of New Orleans
Party type: Defendant
a Municipal Corporation and Body Politic
Attorney name: Churita H Hansell
Attorney Contact:
City of New Orleans
1300 Perdido Street, 5E03
New Orleans, LA 70112
(504) 658-9850

Trial bar Status: Pro Hac Vice
Email: [email protected]
PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: David Matthew Strachan
Attorney Contact:
City of New Orleans Law Department
Suite 5E03
1300 Perdido Street
New Orleans, LA 70112
(504) 658-9816

Trial bar Status: Pro Hac Vice
Email: [email protected]
PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Gregory John Feeney
Attorney Contact:
New Orleans City Attorney''s Office
5E03
1300 Perdido Street
New Orleans, LA 70112
(504) 658-9822

Trial bar Status: Pro Hac Vice
Email: [email protected]
TERMINATED: 04/15/2016 PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Johner Taylor Wilson , III
Attorney Contact:
Lewis Brisbois Bisgaard & Smith LLP
550 West Adams Street, Suite 300
Chicago, IL 60661
312.993.1523

Trial bar Status: Active
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: Anthony J. Caprera
Party type: Defendant
Lt. #103
Attorney name: Churita H Hansell
Attorney Contact:
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: David Matthew Strachan
Attorney Contact:
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Gregory John Feeney
Attorney Contact:
(See above for address)
TERMINATED: 04/15/2016 PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Johner Taylor Wilson , III
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Justin J. Crespo
Party type: Defendant
Sgt. #324
Attorney name: Churita H Hansell
Attorney Contact:
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: David Matthew Strachan
Attorney Contact:
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Gregory John Feeney
Attorney Contact:
(See above for address)
TERMINATED: 04/15/2016 PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Johner Taylor Wilson , III
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12016-03-09 COMPLAINT filed by Deborah A Shepherd; Jury Demand. Filing fee $ 400, receipt number 0752-11700722.(Crooks, Thomas) (Entered: 03/09/2016)
22016-03-09 ATTORNEY Appearance for Plaintiff Deborah A Shepherd by Thomas Carl Crooks (Crooks, Thomas) (Entered: 03/09/2016)
32016-03-09 CIVIL Cover Sheet (Crooks, Thomas) (Entered: 03/09/2016)
42016-03-10 MINUTE entry before the Honorable Andrea R. Wood: Initial status hearing set for 5/17/2016 at 9:00 AM. The parties are directed to meet and conduct a planning conference pursuant to Federal Rule of Civil Procedure 26(f). At least seven days before the initial status hearing, the parties shall file a joint written status report, not to exceed five pages in length. The initial status report shall provide the information described on the Court's website at www.ilnd.uscourts.gov under District Judges, Judge Andrea R. Wood, Initial Status Conference. Mailed notice (ef, ) (Entered: 03/10/2016)
52016-03-22 SUMMONS Returned Executed by Deborah A. Shepherd as to Anthony J. Caprera on 3/11/2016, answer due 4/1/2016. (Crooks, Thomas) (Entered: 03/22/2016)
62016-03-22 SUMMONS Returned Executed by Deborah A. Shepherd as to City of New Orleans on 3/11/2016, answer due 4/1/2016. (Crooks, Thomas) (Entered: 03/22/2016)
72016-03-22 SUMMONS Returned Executed by Deborah A. Shepherd as to Justin J. Crespo on 3/11/2016, answer due 4/1/2016. (Crooks, Thomas) (Entered: 03/22/2016)
82016-03-22 SUMMONS Returned Executed by Deborah A. Shepherd as to Patrick Fanning on 3/16/2016, answer due 4/6/2016. (Crooks, Thomas) (Entered: 03/22/2016)
92016-03-27 MINUTE entry before the Honorable Andrea R. Wood: By request, the initial status hearing set for 5/17/2016 is stricken and reset for 5/19/2016 at 09:00 AM. At least seven days before the initial status hearing, the parties shall file a joint written status report, not to exceed five pages in length. Mailed notice (ef, ) (Entered: 03/27/2016)
102016-03-31 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-11778192. (Feeney, Gregory) (Entered: 03/31/2016)
112016-03-31 MOTION by Defendants Anthony J. Caprera, City of New Orleans, Justin J. Crespo for extension of time (Attachments: # 1 Text of Proposed Order)(Feeney, Gregory) (Entered: 03/31/2016)
122016-04-01 ATTORNEY Appearance for Defendant Patrick Fanning by Stephen Joseph Haedicke (Attachments: # 1 Text of Proposed Order)(Haedicke, Stephen) (Entered: 04/01/2016)
132016-04-01 MOTION by Defendant Patrick Fanning for extension of time to file answer to Plaintiff's Complaint (Attachments: # 1 Text of Proposed Order)(Haedicke, Stephen) (Entered: 04/01/2016)
142016-04-01 NOTICE of Motion by Stephen Joseph Haedicke for presentment of motion for extension of time to file answer 13 before Honorable Andrea R. Wood on 4/6/2016 at 09:00 AM. (Haedicke, Stephen) (Entered: 04/01/2016)
152016-04-04 ATTORNEY Appearance for Defendant Patrick Fanning by Stephen Joseph Haedicke (Haedicke, Stephen) (Entered: 04/04/2016)
162016-04-05 MINUTE entry before the Honorable Andrea R. Wood: Attorney application to appear pro hac vice on behalf of defendants 10 is granted.Defendants' Motion for extension of time to answer 11 and 13 are granted. Defendants' Anthony J. Caprera, City of New Orleans, Justin J. Crespo shall answer or otherwise plead to Plaintiff's complaint by 4/22/2016. Defendant Patrick Fanning shall answer or otherwise plead to Plaintiff's complaint by 4/27/2016. The motion presentment date of 4/6/2016 is stricken. Parties need not appear. Mailed notice (ef, ) (Entered: 04/05/2016)
172016-04-13 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-11820797. (Strachan, David) (Entered: 04/13/2016)
182016-04-13 MOTION by Defendants Anthony J. Caprera, City of New Orleans, Justin J. Crespo to substitute attorney Gregory J. Feeney (Attachments: # 1 Text of Proposed Order)(Strachan, David) (Entered: 04/13/2016)
192016-04-13 NOTICE of Motion by David Matthew Strachan for presentment of motion to substitute attorney 18 before Honorable Andrea R. Wood on 4/19/2016 at 09:00 AM. (Strachan, David) (Entered: 04/13/2016)
202016-04-15 MINUTE entry before the Honorable Andrea R. Wood: Attorney David M. Strachan's application to appear pro hac vice 17 is granted. Defendants' Motion to substitute attorney 18 is granted. Gregory J. Feeney is hereby withdrawn as counsel of record for the City of New Orleans, Anthony Caprera, and Justin Crespo in this matter and that David M. Strachan be and hereby is enrolled as counsel of record in his place. The motion presentment date of 4/19/2016 is stricken. Parties need not appear. Mailed notice (ef, ) (Entered: 04/15/2016)
212016-04-21 ATTORNEY Appearance for Defendants Anthony J. Caprera, City of New Orleans, Justin J. Crespo by David Matthew Strachan (Strachan, David) (Entered: 04/21/2016)
222016-04-22 ATTORNEY Appearance for Defendants Anthony J. Caprera, City of New Orleans, Justin J. Crespo by Johner Taylor Wilson, III (Wilson, Johner) (Entered: 04/22/2016)
232016-04-22 MOTION by Defendants Anthony J. Caprera, City of New Orleans, Justin J. Crespo to dismiss for lack of jurisdiction , improper venue, and failure to state a claim (Wilson, Johner) (Entered: 04/22/2016)
242016-04-22 MEMORANDUM by Anthony J. Caprera, City of New Orleans, Justin J. Crespo in support of motion to dismiss/lack of jurisdiction 23 improper venue, and failure to state a claim (Wilson, Johner) (Entered: 04/22/2016)
252016-04-22 Defendants Anthony J. Caprera, City of New Orleans, and Justin J. Crespo NOTICE of Motion by Johner Taylor Wilson, III for presentment of motion to dismiss/lack of jurisdiction 23 before Honorable Andrea R. Wood on 4/27/2016 at 09:00 AM. (Wilson, Johner) (Entered: 04/22/2016)
262016-04-22 EXHIBIT by Defendants Anthony J. Caprera, City of New Orleans, Justin J. Crespo 1 - Affidavit of Lt. Caprera regarding memorandum in support of motion 24 (Attachments: # 1 Exhibit 2 - Sgt. Crespo Affidavit)(Wilson, Johner) (Entered: 04/22/2016)
272016-04-26 MOTION by Defendants Anthony J. Caprera, City of New Orleans, Justin J. Crespo For Leave to Appear Pro Hac Vice (Receipt # 0752-11868075) (Hansell, Churita) (Entered: 04/26/2016)
282016-04-27 ATTORNEY Appearance for Defendant Patrick Fanning by Barry A Spector As local counsel (Spector, Barry) (Entered: 04/27/2016)
292016-04-27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, Lack of Personal Jurisdiction, and Improper Venue (Haedicke, Stephen) (Entered: 04/27/2016)
302016-04-27 MEMORANDUM by Patrick Fanning in support of Motion to Dismiss for Failure to State a Claim 29 , Lack of Personal Jurisdiction, and Improper Venue (Attachments: # 1 Exhibit EXHIBIT A, # 2 Declaration EXHIBIT B)(Haedicke, Stephen) (Entered: 04/27/2016)
312016-04-27 NOTICE of Motion by Stephen Joseph Haedicke for presentment of Motion to Dismiss for Failure to State a Claim 29 before Honorable Andrea R. Wood on 5/4/2016 at 09:00 AM. (Haedicke, Stephen) (Entered: 04/27/2016)
322016-04-27 MINUTE entry before the Honorable Andrea R. Wood: Motion hearing held. Pursuant to the discussion held in open court, discovery in this matter is stayed until further order of the Court. The Court sets the following briefing schedule for Defendant Fanning's motion to dismiss 29 : Plaintiff shall have until 5/25/2016 to respond and Defendant shall have until 6/15/2016 to reply. Initial status hearing set for 5/19/2016 is stricken and reset for 7/28/2016 at 9:00 AM. At least seven days before the initial status hearing, the parties shall file a joint written status report, not to exceed five pages in length. Attorney application to appear pro hac vice on behalf of Defendants Anthony Caprera, City of New Orleans, and Justin Crespo 27 is granted. Mailed notice (ef, ) (Entered: 04/28/2016)
332016-05-10 MOTION by Defendant Patrick Fanning to supplement record with Signed Declaration (Attachments: # 1 Text of Proposed Order, # 2 Declaration)(Haedicke, Stephen) (Entered: 05/10/2016)
342016-05-10 NOTICE of Motion by Stephen Joseph Haedicke for presentment of motion to supplement 33 before Honorable Andrea R. Wood on 5/17/2016 at 09:00 AM. (Haedicke, Stephen) (Entered: 05/10/2016)
352016-05-11 MINUTE entry before the Honorable Andrea R. Wood: Defendant Fanning's Motion to supplement record with Signed Declaration 33 is granted. The motion presentment date of 5/17/2016 is stricken. Parties need not appear. Mailed notice (ef, ) (Entered: 05/11/2016)
362016-05-25 RESPONSE by Deborah A. Shepherd to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, Lack of Personal Jurisdiction, and Improper Venue 29 , MOTION by Defendants Anthony J. Caprera, City of New Orleans, Justin J. Crespo to dismiss for lack of jurisdiction , improper venue, and failure to state a claim 23 (Attachments: # 1 Exhibit)(Crooks, Thomas) (Entered: 05/25/2016)
372016-05-25 NOTICE of Motion by Thomas Carl Crooks for presentment of motion to dismiss/lack of jurisdiction 23 , Motion to Dismiss for Failure to State a Claim 29 before Honorable Andrea R. Wood on 6/1/2016 at 09:00 AM. (Crooks, Thomas) (Entered: 05/25/2016)
382016-05-25 MINUTE entry before the Honorable Andrea R. Wood: The motion presentment date of 6/1/2016 is stricken. Parties need not appear. Mailed notice (ef, ) (Entered: 05/25/2016)
392016-06-15 REPLY by Anthony J. Caprera, City of New Orleans, Justin J. Crespo to response to motion, 36 to Dismiss Under Fed. R. Cvi. P. 12(B)(2), (3) and (6) (Wilson, Johner) (Entered: 06/15/2016)
402016-06-15 CERTIFICATE of Service to Reply Memorandum in Support of Motion to Dismiss by Johner Taylor Wilson, III on behalf of Anthony J. Caprera, City of New Orleans, Justin J. Crespo regarding reply to response to motion 39 (Wilson, Johner) (Entered: 06/15/2016)
412016-06-15 NOTICE by Anthony J. Caprera, City of New Orleans, Justin J. Crespo re reply to response to motion 39 (Wilson, Johner) (Entered: 06/15/2016)
422016-06-15 CERTIFICATE of Service by Johner Taylor Wilson, III on behalf of Anthony J. Caprera, City of New Orleans, Justin J. Crespo regarding notice of filing 41 (Wilson, Johner) (Entered: 06/15/2016)
432016-06-15 REPLY by Patrick Fanning to response to motion, 36 Response to Motion to Dismiss (Haedicke, Stephen) (Entered: 06/15/2016)
442016-06-15 NOTICE by Patrick Fanning regarding Filing of Reply (Haedicke, Stephen) (Entered: 06/15/2016)
452016-07-21 STATUS Report By All Parties by Patrick Fanning (Haedicke, Stephen) (Entered: 07/21/2016)
462016-07-27 MINUTE entry before the Honorable Andrea R. Wood: Status hearing set for 7/28/2016 is stricken and reset for 8/30/2016 at 09:00 AM. Mailed notice (ef, ) (Entered: 07/27/2016)
472016-08-29 MINUTE entry before the Honorable Andrea R. Wood: Status hearing set for 8/30/2016 is stricken. Mailed notice (meg, ) (Entered: 08/29/2016)
482017-03-21 ORDER: Defendants' motions dismiss for lack of personal jurisdiction or, in the alternative, for improper venue, 23 , 29 , are granted in part and denied in part. For the reasons stated in the accompanying Statement, the Court finds that venue in this District is improper but declines to dismiss the case and instead will transfer it to an appropriate venue. Accordingly, this case shall be transferred forthwith to the United States District Court for the Eastern District of Louisiana. The Court declines to resolve the remaining issues presented by Defendants' motions to dismiss, as those issues would be better addressed by the transferee court. Civil case terminated. Signed by the Honorable Andrea R. Wood on 3/21/2017. Mailed notice (tt, ) (Entered: 03/21/2017)
492017-03-21 TRANSFERRED to the Eastern District of Louisiana the electronic record. (tt, ) (Entered: 03/21/2017)