Case: 1:14-cv-04187 Document #: 1 Filed: 06/06/14 Page 1 of 10 PageID #:1

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

MARCUS MALEWSKI,

)

)

Plaintiff,

)

)

v.

)

)

TONI PRECKWINKLE, in her official capacity )

as President of the Cook County Board of

)

Commissioners; THOMAS J. DART, in his )

Official capacity as Cook County Sherriff;

)

CARA SMITH in her official capacity as

)

Executive Director of the Cook County

)

Department of Corrections; COUNTY OF

)

COOK,

)

)

Defendants.

)

Case No. Judge Magistrate Judge

COMPLAINT AT LAW

NOW COMES, the Plaintiff, MARCUS MALEWSKI, by and through his attorneys,

Gregory E. Kulis & Associates, Ltd., and the Uptown People’s Law Center, complaining against

the Defendants, TONI PRECKWINKLE, THOMAS J. DART, CARA SMITH, AND THE

COUNTY OF COOK in their official capacities.

COUNT I 42 U.S.C. § 1983 MONELL CLAIM OF CRUEL AND UNUSUAL CONDITIONS
OF CONFINEMENT (14th Amendment Claim for Damages)

1. This action is brought pursuant to the laws of the United States Constitution,

specifically, 42 U.S.C. §1983 and §1988, to redress deprivations of the Civil Rights of the

Plaintiff, MARCUS MALEWSKI accomplished by the policies and procedures of the

Defendants, TONI PRECKWINKLE, THOMAS J. DART, CARA SMITH, AND THE

COUNTY OF COOK, committed under color of law.

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2. Jurisdiction is based on Title 28 U.S.C. §1343 and §1331 and supplemental jurisdiction of the State of Illinois.
3. Venue is proper in this District pursuant to 28 U.S.C. §1391(b) because all of the events described herein took place in the City of Chicago, County of Cook, State of Illinois.
4. The Plaintiff, MARCUS MALEWSKI, was at all relevant times a United States citizen and resident of the State of Illinois.
5. At all relevant times, Defendant, TONI PRECKWINKLE was the President of the Cook County Board of Commissioners, which is responsible for authorizing construction and repairs of the Cook County Jail (“CCJ”) physical plant and for funding all operations and programs of CCJ. This includes ensuring appropriate resources are provided for such construction, repair and operations. Defendant, TONI PRECKWINKLE is sued in her official capacity.
6. At all relevant times, Defendant, COOK COUNTY through the County Board of Commissioners was responsible for CCJ’s physical plant and had sole responsibility for funding all operations and programs of the CCJ, this includes ensuring that the CCJ has the sufficient funding and resources to operate the jail lawfully.
7. At all relevant times, Defendant, THOMAS J. DART was the Sherriff of Cook County. He was solely responsible for all security, corrections policies and practices at the CCJ. Defendant, THOMAS J. DART is responsible for the care, custody, and control of each individual housed in CCJ. Defendant, THOMAS J. DART is sued in his official capacity.
8. At all relevant times, Defendant, CARA SMITH was the Executive Director of the Cook County Department of Corrections. She reports directly to Defendant THOMAS J. DART and was responsible for overseeing the implementation of all policies and procedures
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promulgated by Defendant THOMAS J. DART regarding the operations of CCJ. Defendant, CARA SMITH is sued in her official capacity.
9. On or about May 11, 2014, the Plaintiff, MARCUS MALEWSKI, was arrested, taken into custody, and was transferred to the CCJ located 2700 South California Ave, Chicago, IL 60608.
10. On or about May 12, 2014, the Plaintiff was escorted with a large group of pre-trial detainees to be arraigned and to have bond set by a judge sitting in the Circuit Court of Cook County, located at 2650 South California Ave, Chicago, Illinois. After the arraignment and bond hearing, the Plaintiff and the remaining pre-trial detainees were escorted to a relatively new holding area (initial holding area) at CCJ where they were to remain while being processed. After they were processed, the Plaintiff and this group of pre-trial detainees remained in this holding area till approximately 11:00 p.m. of May 12, 2014. None of the pre-trial detainees had been fed up till this point.
11. After 11:00 p.m. on May 12, 2014, each pre-trial detainee was handcuffed to another pre-trial detainee and the group was escorted to a smaller and older holding area (“second holding area”). The second holding area did not have a bathroom and was significantly smaller than the initial holding area. The Plaintiff and this group of pre-trial detainees were kept in this second holding area from approximately 11:00 p.m. of May 12, 2014 till 3:30 a.m. of May 13, 2014. During this period, approximately ten to twenty (10-20) pre-trial detainees were taken out of this second holding area and given division and cell assignments. A guard informed the Plaintiff and the rest of the pre-trial detainees that the jail only had space to house ten to twenty (10-20) pre-trial detainees, leaving more than fifty (50) pre-trial detainees, including the
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Plaintiff, without division and cell assignments. The guard also informed the rest of the pre-trial detainees that he was unable to provide them food.
12. At approximately 3:00 a.m. on May 13, 2014, the Plaintiff and the rest of the pre-trial detainees were taken out of the second holding area to another location within the jail where a guard took all of the pre-trial detainees’ ID cards and grouped them into three (3) stacks. Then the guard then gave one (1) of the stacks to a processing guard to scan into the system. However, when the processing guard refused to scan the ID’s into the system, the guard scanned all of the ID’s and assigned a division and a cell assignment electronically to the Plaintiff and each of the remaining pre-trial detainees.
13. At approximately 4:00 a.m. on May 13, 2014, the Plaintiff and the rest of the pre-trial detainees were taken to a cell block in Division 6, which at the time was under construction. After taking off their handcuffs, a guard informed the Plaintiff and the rest of the pre-trial detainees that since there were no open beds in any part of the jail, that the only available option was to allow the inmates to stay in this cell block of Division 6. Since the cells in this cell block were under construction, the pre-trial detainees could not stay in the cells and had to sleep on the floor in the common area in the middle of the cell block. The Plaintiff and the pre-trial detainees were not provided mattress pads, pillows, blankets, soap or toilet paper at this time. Since the construction crews returned at 6:00 a.m., the guard could only allow the pre-trial detainees to sleep on the floor in the common area for two (2) hours. Finally, the guard said that they could not give food to the inmates at this time.
14. At approximately 6:00 a.m. on May 13, 2014, the Plaintiff and the group of remaining pre-trial detainees were moved to a day room in Division 6 and were allowed to sleep on the
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floor of the day room for approximately an hour. The Plaintiff and the rest of the pre-trial detainees at this point still had not been fed.
15. At approximately 7:00 a.m. on May 13, 2014, the Plaintiff and the remaining pre-trial detainees were handcuffed and transferred back to the initial holding area and stayed there until approximately 11:00 p.m. of May 12, 2014. Before being transferred, a couple of pre-trial detainees were escorted away from the group.
16. At approximately 11:00 a.m. on May 13, 2014 the Plaintiff and the remaining pretrial detainees were then handcuffed and moved to a third holding area that did not have bathrooms or running water and stayed there till approximately 4:00 a.m. of May 14, 2014.
17. The Plaintiff and the remaining pre-trial detainees were then removed from this holding area back to the common area in the middle of a cellblock of Division 6. The guard removed their handcuffs and they slept on the floor in the common area of the cell block in Division 6 where they stayed until approximately 6:00 a.m. on May 14, 2014.
18. The Plaintiff and the remaining pre-trial detainees were then moved back to a day room in Division 6 until approximately 7:00 a.m. on May 14, 2014.
19. The Plaintiff and the remaining pre-trial Detainees were separated into three (3) groups: one group was escorted to another area of the jail, and two groups, one of which contained the Plaintiff, were escorted to two holding areas where they had access to a bathroom. The Plaintiff and the remaining pre-trial detainees in his group stayed in this fourth holding area till approximately 11:00 a.m. on May 14, 2014.
20. The Plaintiff and the remaining pre-trial detainees were then transferred back to the initial holding area. Upon entering the initial holding area, their handcuffs were removed and they stayed in this initial holding area till approximately 8:00 p.m. of May 14, 2014.
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21. In the middle of the afternoon of May 14, 2014, the guards finally gave the Plaintiff and the remaining pre-trial detainees a sandwich and a drink. This was the first time that the Plaintiff was given food for more than two and a half (2 1/2) days of being in custody.
22. The Plaintiff and the remaining pre-trial detainees were handcuffed and moved to a fifth holding area where they did not have access to a bathroom or running water until approximately 4:00 a.m. of May 15, 2014. While he was being held in this fifth holding area, the Plaintiff informed the guards that he had to use the bathroom. However, the guards ignored his pleas. After waiting for a significant period of time, the Plaintiff was unable to contain himself and urinated in his jumpsuit.
23. The Plaintiff and the remaining pre-trial detainees were moved back to Division 6, where their handcuffs were removed and where they slept on the floor in the common area in the middle of a cell block until approximately 6:00 a.m. on May 15, 2014.
24. The Plaintiff and the remaining pre-trial detainees were then moved back to the dayroom of Division 6 and slept on the floor till on or about 10:00 a.m. of May 15, 2014.
25. TThe Plaintiff and pre-trial detainees were then handcuffed and removed back to the initial holding area where their handcuffs were removed and where they stayed till on or about 11:00 p.m. of May 15, 2014. In the middle of the afternoon of May 15, 2014, the Plaintiff and the pre-trial detainees had a lunch meal.
26. The Plaintiff and a couple pre-trial detainees were then handcuffed and were removed to yet another holding area (sixth holding area), where they stayed until approximately 3:00 a.m. on May 16, 2014.
27. The Plaintiff and a couple of pre-trial detainees were then called out of the holding area by a guard and given a mattress pad and were escorted to cells in Division 1. The Plaintiff
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and each pre-trial detainee were given a cell to sleep in. This was the first opportunity that the Plaintiff had since May 12, 2014 to sleep in an actual bed.
28. At some point during the morning of May 16, 2014, the Plaintiff was moved to a different cell. It was at this new cell where the Plaintiff obtained soap and was allowed to take a shower. This was the first opportunity for the Plaintiff to shower since May 11, 2014. During the afternoon of May 16, 2014, the Plaintiff was given a lunch meal and in the evening he was given a hot meal.
29. Even though the Plaintiff’s mother came to the jail in the morning of May 16, 2014 with his bond money, the Plaintiff remained in custody till approximately 10:00 p.m. of May 16, 2014.
30. Upon information and belief, Defendants, TOMAS J. DART and CARA SMITH either instituted policies permitting or directing officers to house prisoners, like the Plaintiff in temporary holding cells for days on end without food, liquids, adequate bathroom and/or shower facilities, beds, or any of the other necessities of life; or in the alternative, failed to implement or enforce policies and procedures prohibiting the actions described herein.
31. By reason of policies and procedures (or lack thereof) described above, the Defendants subjected Plaintiff to unnecessary pain and suffering, and to an unreasonable risk of harm and injury through barbaric living conditions. These policies and practices have been implemented by Defendants and their agents or employees in their official capacities, and are the proximate cause of Plaintiff’s deprivation of rights secured by the United States Constitution under the Fourteenth Amendment and protected by 42 U.S.C. §1983.
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32. Subjecting the Plaintiff to barbaric conditions such as the lack of food and denial of such basic necessities as a cell, a bed, or access to a bathroom and a shower, as described in this Complaint, constitutes Cruel and Unusual Punishment.
33. Defendants have been aware of all the deprivations complained herein, and have condoned or been deliberately indifferent to such conduct.
WHEREFORE, the Plaintiff, MARCUS MALEWSKI, prays for judgment against the Defendants, THOMAS J, DART (in his official capacity) and CARA SMITH (in her official capacity) for reasonable compensatory damages, punitive damages, attorneys’ fees, and costs.
COUNT II 42 U.S.C. § 1983 Monell CLAIM OF THE UNDERFUNDING OF COOK COUNTY JAIL
1-33. Plaintiff MARCUS MALEWSKI hereby realleges and incorporates his allegations of paragraphs 1-33 of Count I as though fully set forth herein.
34. All Defendants have been aware of severe overcrowding at Cook County Jail for decades.
35. Despite this actual knowledge, Defendants COOK COUNTY and TONI PRECKWINKLE have failed to provide adequate funding to provide cells and the other basic necessities of life for pre-trial detainees sent to CCJ by the Courts, or to otherwise reduce the number of people housed in the jail.
36. As a result of these policies, procedures, and/or customs of underfunding Cook County Jail, pre-trial detainees have been subjected to barbaric living conditions in direct violation of the Fourteenth Amendment of the US Constitution.
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37. As a direct and proximate result of the Defendants’ polices, procedures, and/or customs of underfunding Cook County Jail, the Plaintiff was unconstitutionally subjected to unnecessary pain and suffering, unnecessarily exposed to an unreasonable risk of serious harm, and has suffered emotional distress, pain, suffering, fear and other damages.
WHEREFORE, the Plaintiff, MARCUS MALEWSKI, prays for judgment against the Defendants, TONI PRECKWINKLE (in her official capacity) and COOK COUNTY, and for compensatory damages, punitive damages, attorneys’ fees, and costs.
COUNT III CLASS ALLEGATION FOR CERTIFICATION OF SIMILARLY SITUATED
PRE-TRIAL DETAINEES 1-32 The Plaintiff, MARCUS MALEWSKI, realleges and incorporates his allegations of paragraphs 1-21 of Count I and his respective allegations of paragraphs 1-23 of Count II as though fully set forth herein.
33. The Plaintiff, MARCUS MALEWSKI, was housed with and has identified other pre-trial detainees that were or are currently similarly situated and who suffered similar violations of their rights guaranteed under the Fourteenth Amendment to be free of Cruel and Unusual Punishment. Because of the similarity of their experiences, the Plaintiff would like to request that a class of such individuals be certified who were or now prevented from having cell and division assignments that have suffered or are suffering similarly to the Plaintiff.
34. The Pre-trial detainees that were housed with Plaintiff were similarly situated for similar periods of time.
35. Upon information or belief, this pattern of abusive housing of pre-trial detainees has been conducted during other periods of time
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WHEREFORE, the Plaintiff, MARCUS MALEWSKI, asks that an order certifying a class of all pre-trial detainees who were, or are now not given cell or division assignments upon entering Cook County Jail and who are forced to bear barbaric living conditions as a result.
JURY DEMAND The Plaintiff, MARCUS MALEWSKI, hereby requests a trial by jury.
Respectfully submitted, /s/ Gregory E. Kulis Gregory E. Kulis & Associates, Ltd.
Alan Mills (ARDC # 6181054) Uptown People’s Law Center 4413 North Sheridan Chicago, Illinois 60640 773-769-1411 alanmills@comcast.net Gregory E. Kulis (6180966) Gregory E. Kulis & Associates, Ltd. 30 N. LaSalle Street, Suite 2140 Chicago, IL 60602 312-580-1830
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 Case: 1:14-cv-04187 Document #: 42 Filed: 10/15/14 Page 1 of 3 PageID #:143

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

Marcus Malewski,

)

Plaintiffs,

)

)

v.

)

)

Toni Preckwinkle, Thomas J. Dart,

)

Cara Smith, and Cook County,

)

Defendants.

)

Case No: 14 C 4187 Judge Ronald A. Guzmán

ORDER For the reasons stated below, Toni Preckwinkle and Cook County’s motion to dismiss [22] is granted in part and denied in part.
STATEMENT Plaintiff alleges on behalf of himself and other similarly situated pretrial detainees that he was subjected to cruel and inhuman conditions from May 12, 2014 to May 16, 2014. Specifically, Plaintiff alleges that while a pretrial detainee at the Jail, he was not given food for 2 1/2 days, was forced to sleep in the common area of a cell block which was under construction without any mattress, pillows, or blankets, was moved after two hours’ sleep to a day room where he again was required to sleep on the floor, and was frequently moved thereafter to various holding areas over several days, at least one of which did not have access to a bathroom, forcing Plaintiff to urinate on himself. (Compl., Dkt. # 1, ¶¶ 10-33.) In Count II, Plaintiff alleges a Monell claim against Toni Preckwinkle, President of the Cook County Board of Commissioners, and Cook County, stating that despite their awareness of severe overcrowding at Cook County Jail for decades, they have failed to provide adequate funding for the provision of cells and other basic necessities for pretrial detainees at the Jail or otherwise reduce the number of prisoners at the Jail. (Compl., Dkt. # 1, ¶ 25.) Plaintiff further alleges that as a result of the

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policy and custom of underfunding the Jail, pretrial detainees “have been subjected to barbaric living conditions in direct violation of the Fourteenth Amendment.” (Id. ¶ 36.)
Preckwinkle and Cook County (“Defendants”) move to dismiss on the grounds that: (1) they are improper defendants; (2) and Plaintiff fails to sufficiently allege a Monell claim. As an initial matter, Cook County is an indispensable party to this suit because state law requires the county to pay judgments entered against the Sheriff's Office in its official capacity. Carver v. Sheriff of LaSalle Cnty., 324 F.3d 947, 948 (7th Cir. 2003). Therefore, it remains a party to the lawsuit at least as an indemnitor.
Defendants first contend that they cannot be liable for any constitutional violations because the Jail is under the sole supervision and control of the Sheriff, 55 Ill. Comp. Stat. 5/315003 et seq., who has final policymaking authority over jail operations. But, Plaintiff does not allege that Defendants’ operation of the Jail is unconstitutional, he alleges that the Defendants’ underfunding of the Jail is unconstitutional. The Court, therefore, denies the motion to dismiss on this ground. See Mayes v. Elrod, 470 F. Supp. 1188, 1195 (D.C. Ill. 1979) (denying motion to dismiss Cook County and its Board when their “alleged acts or omissions . . . control the [Sheriff’s] Department's financing, and that level of financing then affects the Department's ability to maintain adequate conditions at the jail”).
Defendants next argue that Plaintiff insufficiently alleges a Monell claim. Under Monell v. Dep’t of Social Servs., 436 U.S. 658 (1978), a plaintiff seeking to hold a municipality liable for a § 1983 violation must show: “(1) an express policy that causes a constitutional deprivation when enforced; (2) a widespread practice, that, although unauthorized, is so permanent and well-settled that it constitutes a ‘custom or usage’ with the force of law; or (3) an allegation that
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a person with final policymaking authority caused the injury.” Chortek v. City of Milwaukee, 356 F.3d 740, 748 (7th Cir. 2004). Further, the official policy, custom or practice must be the moving force behind the deprivation of constitutional rights. Teesdale v. City of Chi., 690 F.3d 829, 833 (7th Cir. 2012).
Viewing the allegations and all reasonable inferences in a light most favorable to the Plaintiff, the Court concludes that he has sufficiently plead a claim under Monell. Plaintiff alleges that: Defendants are responsible for authorizing construction and repairs of the Jail and funding its operations; they have been aware of severe overcrowding at the Jail for decades; despite this knowledge, due to a custom and practice of underfunding the Jail, Defendants have failed to provide adequate money to furnish pretrial detainees with cells, beds, bathrooms and other basic necessities, thus subjecting to “barbaric” living conditions; and as a direct and proximate result of Defendants’ policy and custom to underfund the Jail, Plaintiff experienced unnecessary pain and suffering and was exposed to an unreasonable risk of serious harm. (Compl., Dkt. # 1, ¶¶ 5,6, 34-37.) These allegations suffice at this stage of the proceedings.
Finally, the Court grants the motion to dismiss to the extent it seeks to strike allegations of punitive damages as to Dart in his official capacity and Cook County. City of Newport v. Fact Concerts, Inc., 453 U.S. 247, 271 (1981) (municipality will not be exposed to punitive damages because of the bad-faith actions of its officials, even from actions brought pursuant to § 1983).

Date: October 15, 2014

____________________________________ Ronald A. Guzmán United States District Judge

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 Case: 1:14-cv-04187 Document #: 104 Filed: 08/24/15 Page 1 of 4 PageID #:769

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

Marcus Malewski, Plaintiff,
v.
Toni Preckwinkle, et al. Defendants

)

)

Case No: 14 C 4187

)

)

)

Judge Ronald A. Guzmán

)

)

)

MEMORANDUM OPINION AND ORDER

For the reasons stated below, Plaintiff’s counsel’s motion to withdraw both their motion for leave to withdraw and the class certification motion and Plaintiff’s motion for leave to file an amended complaint [95] is granted in part and denied in part. Plaintiff’s counsel are granted leave to withdraw their motion to withdraw and the class certification motion. Plaintiff’s motion for leave to file an amended complaint is denied. The complaint on file is dismissed based on counsel’s representation that the two counts alleged are unsupported. Civil case terminated.

STATEMENT

This case was filed on June 6, 2014, alleging that Plaintiff, on behalf of himself and others similarly situated, was subject to “barbaric” living conditions while a pretrial detainee at Cook County Jail (“Jail”) from May 12, 2015 through approximately 10 p.m. on May 16, 2015. According to the initial allegations, Plaintiff and other detainees were denied food for 2 ½ days, provided little opportunity to sleep, required to sleep on a floor with no bedding, and denied access to bathrooms and running water for various periods during the 5-day time span. The complaint included a Monell claim against Toni Preckwinkle, Thomas Dart, Cara Smith and Cook County alleging a policy and practice of instituting and allowing cruel and unusual conditions of confinement at the Jail, and a Monell claim against Preckwinkle and Cook County based on the policy, practice and procedure of underfunding the Jail. The complaint did not include any claims against the individual officers involved in the alleged perpetration of the unconstitutional acts.

Months of significant discovery was taken in order to flesh out a class definition, including approximately 15 depositions, productions of thousands of documents, inspection by Plaintiff of various areas of the Jail (including the taking of video and photographs), and communications being sent by Plaintiff’s counsel to hundreds of pretrial detainees at the Jail.

Plaintiff’s counsel now seek to withdraw both their motion to withdraw as well their motion for class certification, which is granted. Plaintiff also seeks leave to file an amended complaint, dropping the class allegations as well as the Monell claims against Preckwinkle, Dart, Smith and Cook County and alleging, on his behalf only, that: (1) Director Miller, a director at the Jail, either instituted policies and procedures leading to barbaric living conditions or failed to

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implement policies preventing such conditions (Count I); (2) individual defendants Deputy Sheriffs Arriaga and Gonzalez witnessed the cruel and unusual conditions of confinement and failed to intervene (Count II); (3) Deputy Sheriff Oomens inflicted cruel and unusual punishment by placing Plaintiff in handcuffs and putting him in a small room without windows, ventilation or a bathroom for several hours (Count III); and, (4) Deputy Sheriffs Arriaga and Gonzales inflicted cruel and unusual punishment on Plaintiff by forcing him to be housed in a tier without access to showers, food and a bed. (Dkt. # 95-5, ¶¶ 29-35.)
Federal Rule of Civil Procedure 15 provides that, as a general rule, a court “should freely give leave [to amend] when justice so requires.” Fed. R. Civ. P. 15(a)(2). District courts, nevertheless, “have broad discretion to deny leave to amend where there is undue delay, bad faith, dilatory motive, repeated failure to cure deficiencies, undue prejudice to the defendants, or where the amendment would be futile.” Arreola v. Godinez, 546 F.3d 788, 796 (7th Cir. 2008).
On January 29, 2015, the noticed hearing date on Plaintiff’s first motion for leave to file a first amended complaint (which still included class allegations, but a newly-defined class), this Court stated that it had “the feeling we’re on a fishing expedition.” (Pl.’s Mot. Withdraw Mot. Withdraw, Ex. D, Dkt. # 95-4, at 5.) The Court noted that at a prior court appearance, different counsel for Plaintiff had indicated that the “new complaint was going to be a prison-wide complaint about the condition in the [Jail] in total” but counsel at that court appearance denied that was the case. (Id. at 7.) The Court went on to tell Plaintiff’s counsel that:
What you’ve done is altered [the lawsuit] and changed it in several different ways. It’s a different lawsuit now than it was when you started out. You haven’t defined a class. You’ve redefined a whole new class.
(Id. at 8.) The Court then extended discovery by thirty days at Plaintiff’s request to March 2, 2015, set a deadline of March 16, 2015 for the filing of a new motion for class certification, and granted Plaintiff leave to file his proposed amended complaint. (Id. at 8-9.) Not only did Plaintiff not file the then-existing proposed amended complaint, he did not file a new motion for class certification on March 16, 2015 as the Court had directed. Instead, after the March 16, 2015 date had passed, Defendants filed a motion for a ruling on the previously-filed motion for class certification and Plaintiff’s counsel then filed a motion to withdraw as counsel, citing an impasse with Plaintiff. According to Plaintiff’s counsel, they filed their motion to withdraw from the case because they had discovered no evidence in support of a claim for damages against the Sheriff and Executive Director (after already having concluded that the claims against Preckwinkle and Cook County were apparently unsupported) and Plaintiff had directed them not to file the then-existing proposed amended complaint, which still included class allegations. Therefore, Plaintiff’s counsel assert, they had no option but to seek leave to withdraw.
At the April 30, 2015 hearing on Plaintiff’s counsel’s motion to withdraw their motion to withdraw and Plaintiff’s motion for leave to file an amended complaint, Plaintiff’s counsel stated that after several communications with Plaintiff, he had agreed to allow them to file the amended complaint. The Court again expressed serious concerns about how the case had proceeded and
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the prefiling investigation performed by Plaintiff’s counsel. The Court also reiterated its concerns of the possibility of a fishing expedition having taken place. Therefore, the Court directed briefing on Plaintiff’s motions.
As already noted, Plaintiff now seeks to pursue a Monell claim against a director of the Jail, Director Miller, based on a policy and procedure of instituting or condoning a practice of failing to provide detainees with food and other basic necessities of life, as well as individual claims against two correctional officers. According to Plaintiff’s counsel’s filing, they feel it “would be improper” to continue to pursue the case as a class action based on Plaintiff’s uncertainty about “other details” of the original complaint. The Court is troubled by this representation given the amount of time and effort that went into discovering whether a class existed and the proper definition for that class. Why has Plaintiff’s “uncertainty” regarding the details of the original complaint, such that Plaintiff’s counsel now state they cannot ethically proceed with a class action, surfaced only now, after thousands of dollars and hundreds of hours have been spent attempting to flesh out a class?
Moreover, despite knowing of the factual basis for the allegations against the individual defendants at the outset of the case, Plaintiff failed to include these claims in his initial complaint. Instead, he alleged broad and far-reaching claims of unconstitutional policies and procedures against Cook County and its President, the Sheriff of Cook County, and the Executive Director of the Jail on behalf of a class of detainees. According to Plaintiff’s counsel, “the facts provided by Mr. Malewski matched facts that counsel was aware of from other cases, [Malewski] appeared to be credible, and he provided very specific details which would be difficult to manufacture had he not in fact been in the areas he described.” (Pl.’s Mot. Withdraw Mot. Withdraw, Dkt. # 95, at 3.) But this vague statement fails to set forth a factual basis for a class action alleging two Monell claims against high-ranking officers of Cook County and the Jail, asserting that Defendants had instituted and/or condoned policies and procedures leading to detainees not being fed, being forced to sleep on floors with no bedding, and being precluded access to running water and a restroom. It is only now, after Plaintiff has expressed “uncertainty” about the details alleged in the complaint and his claims against Preckwinkle, Dart, Cara Smith and Cook County proved to have no factual basis, that he moves to proceed solely on his own behalf and against the individual officers. The Court notes further that in their reply, Plaintiff’s counsel state that Plaintiff’s claims were corroborated by their conversations with and depositions of other pretrial detainees. (Pl.’s Reply, Dkt. # 102, at 3.) If that is true, then why abandon the class claims based only on Plaintiff’s purported uncertainty? And if Plaintiff is uncertain of “other details” in the amended complaint such that counsel assert it would be improper to proceed with a class action, why is it appropriate to proceed with claims based on the same facts brought solely on behalf of Plaintiff?
The procedural history of the case leads the Court to conclude that not only has Plaintiff unduly delayed in seeking to amend his complaint with these new claims (which existed at the time the complaint was filed), but has also abused the judicial process, whether intentionally or not, and thus has exhibited bad faith in seeking the amendment. Accordingly, the motion for leave to amend the complaint is denied. Further, given that Plaintiff has acknowledged that the
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claims in the complaint currently on file are unsupported by fact, the complaint is dismissed. Civil case terminated.

Date: August 24, 2015

---------------------------------------------------HON. RONALD A. GUZMAN United States District Judge

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 Case: 1:14-cv-4187 As of: 11/27/2018 01:23 PM CST 1 of 9
PROTO,TERMED,VALDEZ
United States District Court Northern District of Illinois − CM/ECF LIVE, Ver 6.2.2 (Chicago)
CIVIL DOCKET FOR CASE #: 1:14−cv−04187

Marcus Malewski v. Toni Preckwinkle et al Assigned to: Honorable Ronald A. Guzman Case in other court: 15−03097 Cause: 42:1981 Civil Rights
Plaintiff
Marcus Malewski

Date Filed: 06/06/2014 Date Terminated: 08/24/2015 Jury Demand: Both Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question
represented by Gregory E. Kulis Gregory E. Kulis and Associates, Ltd. 30 North LaSalle Street Suite 2140 Chicago, IL 60602 (312) 580−1830 Email: gkulis@kulislawltd.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Alan S. Mills Uptown People's Law Center 4413 North Sheridan Chicago, IL 60646 (773) 769−1411 Email: alan@uplcchicago.org ATTORNEY TO BE NOTICED
Brian M Orozco Gregory E. Kulis & Associates, Ltd. 30 N. LaSalle, Suite #2140 Chicago, IL 60602 312−580−1830 Email: borozco@kulislawltd.com ATTORNEY TO BE NOTICED
Joshua S Patrick Lindsay, Pickett, Rappaport & Postel LLC 221 N. West St. Waukegan, IL 60085 847−596−7248 Email: jpatrick@lprp−law.com ATTORNEY TO BE NOTICED

V.
Defendant
Toni Preckwinkle in her official capacity as President of the Cook conty Board of Commissioners

represented by Jill Vosicky Ferrara Cook County State's Attorneys Office (50 W) 50 West Washington Avenue Chicago, IL 60602 312 603 4320 Email: jill.ferrara@cookcountyil.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Conor Thomas Fleming Cook County State's Attorney's Office 500 Richard J. Daley Center

Case: 1:14-cv-4187 As of: 11/27/2018 01:23 PM CST 2 of 9

Chicago, IL 60602 (312) 603−5527 Email: conor.fleming@cookcountyil.gov ATTORNEY TO BE NOTICED

Defendant
Thomas J. Dart in his Official Capacity as Cook County Sheriff

represented by Jill Vosicky Ferrara (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Conor Thomas Fleming (See above for address) ATTORNEY TO BE NOTICED

Defendant
Cara Smith in her official capacity as Executive Director of the Cook County Department of Corrections

represented by Jill Vosicky Ferrara (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Conor Thomas Fleming (See above for address) ATTORNEY TO BE NOTICED

Defendant County of Cook

represented by Jill Vosicky Ferrara (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Conor Thomas Fleming (See above for address) ATTORNEY TO BE NOTICED

Date Filed 06/06/2014
06/06/2014 06/06/2014 06/06/2014 06/06/2014 06/06/2014 06/07/2014 06/12/2014

# Docket Text
1 COMPLAINT filed by Marcus Malewski; Jury Demand. Filing fee $ 400, receipt number 0752−9553288. (Attachments: # 1 Civil Cover Sheet)(Kulis, Gregory) (Entered: 06/06/2014)
CASE ASSIGNED to the Honorable Ronald A. Guzman. Designated as Magistrate Judge the Honorable Maria Valdez. (nsf, ) (Entered: 06/06/2014)
2 ATTORNEY Appearance for Plaintiff Marcus Malewski by Gregory E. Kulis (Kulis, Gregory) (Entered: 06/06/2014)
3 Attorney Lien by Gregory E. Kulis & Associates, Ltd. (Attachments: # 1 Notice of Filing)(Kulis, Gregory) (Entered: 06/06/2014)
4 ATTORNEY Appearance for Plaintiff Marcus Malewski by Joshua S Patrick (Patrick, Joshua) (Entered: 06/06/2014)
5 ATTORNEY Appearance for Plaintiff Marcus Malewski by Brian M Orozco (Orozco, Brian) (Entered: 06/06/2014)
6 ATTORNEY Appearance for Plaintiff Marcus Malewski by Alan S. Mills (Mills, Alan) (Entered: 06/07/2014)
7 MINUTE entry before the Honorable Ronald A. Guzman: The Court orders the parties to appear for an initial appearance and 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 8/6/2014 at 09:30 AM. Mailed notice

Case: 1:14-cv-4187 As of: 11/27/2018 01:23 PM CST 3 of 9

06/16/2014 06/16/2014 06/17/2014 06/17/2014 06/19/2014 06/19/2014 06/24/2014
06/30/2014 07/21/2014 07/21/2014 07/21/2014 07/22/2014
07/22/2014 07/22/2014 07/22/2014 07/22/2014 07/28/2014
08/18/2014

(cjg, ) (Entered: 06/12/2014)
8 MOTION by Plaintiff Marcus Malewski for discovery (Attachments: # 1 Exhibit Exhibit A)(Orozco, Brian) (Entered: 06/16/2014)
9 NOTICE of Motion by Brian M Orozco for presentment of motion for discovery 8 before Honorable Ronald A. Guzman on 6/24/2014 at 09:30 AM. (Orozco, Brian) (Entered: 06/16/2014)
10 MOTION by Plaintiff Marcus Malewski for discovery (Attachments: # 1 Exhibit Exhibit A)(Orozco, Brian) (Entered: 06/17/2014)
11 NOTICE of Motion by Brian M Orozco for presentment of motion for discovery 10 before Honorable Ronald A. Guzman on 6/24/2014 at 09:30 AM. (Orozco, Brian) (Entered: 06/17/2014)
12 MOTION by Plaintiff Marcus Malewski to certify class Responses due by 6/26/2014 (Orozco, Brian) (Entered: 06/19/2014)
13 NOTICE of Motion by Brian M Orozco for presentment of (Orozco, Brian) (Entered: 06/19/2014)
14 MINUTE entry before the Honorable Ronald A. Guzman: Motion hearing held on 6/24/2014. Motions by Plaintiff Marcus Malewski for discovery [8,10] are granted. Motion by Plaintiff Marcus Malewski to certify class 12 is entered and continued. Defendants to answer or otherwise plead on or before 7/22/2014. Status hearing set for 8/6/2014 is stricken and reset to 7/22/2014 at 09:30 AM. Mailed notice (cjg, ) (Entered: 06/24/2014)
15 ATTORNEY Appearance for Defendants Cara Smith, County of Cook, Thomas J. Dart, Toni Preckwinkle by Jill Vosicky Ferrara (Ferrara, Jill) (Entered: 06/30/2014)
16 STATUS Report JOINT by Marcus Malewski (Attachments: # 1 Notice of Filing)(Orozco, Brian) (Entered: 07/21/2014)
17 NOTICE by Marcus Malewski re status report 16 (Orozco, Brian) (Entered: 07/21/2014)
18 NOTICE by Marcus Malewski re status report 16 (Orozco, Brian) (Entered: 07/21/2014)
19 MINUTE entry before the Honorable Ronald A. Guzman: Status hearing held on 7/22/2014. Fact discovery to be completed by 11/19/2014. Parties may join additional parties and amend the pleadings by 10/20/2014. Further Status hearing set for 8/21/2014 at 09:30 AM. Mailed notice (tbk, ) (Entered: 07/22/2014)
20 ANSWER to Complaint with Jury Demand by Cara Smith, Thomas J. Dart(Ferrara, Jill) (Entered: 07/22/2014)
21 NOTICE by Cara Smith, Thomas J. Dart re answer to complaint 20 (Ferrara, Jill) (Entered: 07/22/2014)
22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Ferrara, Jill) (Entered: 07/22/2014)
23 NOTICE of Motion by Jill Vosicky Ferrara for presentment of Motion to Dismiss for Failure to State a Claim 22 before Honorable Ronald A. Guzman on 7/29/2014 at 09:30 AM. (Ferrara, Jill) (Entered: 07/22/2014)
24 MINUTE entry before the Honorable Ronald A. Guzman: Notice of motion hearing set for 7/29/2014 is stricken and no appearance is necessary. Set deadlines as to Motion by Defendants, TONI PRECKWINKLE, and COOK COUNTY to dismiss for failure to state a claim 22 : Response due by 8/18/2014 Reply due by 9/2/2014. Ruling by mail. Mailed notice (cjg, ) (Entered: 07/28/2014)
25 RESPONSE by Marcus Malewski to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM 22 (Attachments: # 1 Notice of Filing Notice of Filing)(Orozco, Brian) (Entered: 08/18/2014)

Case: 1:14-cv-4187 As of: 11/27/2018 01:23 PM CST 4 of 9

08/21/2014
08/21/2014
08/21/2014 08/21/2014
08/28/2014 09/02/2014 09/02/2014 09/09/2014 09/09/2014 09/09/2014 09/19/2014 09/19/2014 09/26/2014 10/08/2014 10/08/2014

26 MINUTE entry before the Honorable Ronald A. Guzman: Status hearing held on 8/21/2014. Re−filing of motion for class certification by 9/11/2014. Response due 10/13/2014. Reply due 10/27/2014. Ruling by mail. Fact discovery ordered closed by 12/19/2014. Status hearing set for 11/5/2015 at 09:30 AM. Mailed notice (cjg, ) (Entered: 08/21/2014)
27 MINUTE entry before the Honorable Ronald A. Guzman: Status hearing held on 8/21/2014. Re−filing of motion for class certification by 9/11/2014. Response due 10/13/2014. Reply due 10/27/2014. Ruling by mail. Fact discovery ordered closed by 12/19/2014. Status hearing set for 1/5/2015 at 09:30 AM. Mailed notice (cjg, ) (Entered: 08/21/2014)
28 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Maria Valdez for the purpose of holding proceedings related to: discovery supervision and all discovery motions including protective orders without authority to extend discovery deadline. (cjg, ) Mailed notice. (Entered: 08/21/2014)
29 MINUTE entry before the Honorable Maria Valdez: Initial status hearing is set before Magistrate Judge Maria Valdez on 8/28/2014 at 10:00 a.m., in Courtroom 1041. Parties shall deliver a copy of an initial status report, to Judge Valdez's Courtroom Deputy, Lisa Provine, Room 1036, four business days before the initial status hearing. The parties must follow the format for an Initial Status Report found on the Judge's website available at www.ilnd.uscourts.gov, or the parties can contact courtroom deputy, Lisa Provine, at (312)408−5135 for a copy. If the parties have recently prepared and filed an initial status report, the submission of the previously filed initial status report is sufficient. Mailed notice (lp, ) (Entered: 08/21/2014)
30 MINUTE entry before the Honorable Maria Valdez: Magistrate Judge Status hearing held on 8/28/2014 and continued to 10/14/2014 at 10:00 AM. Mailed notice (lp, ) (Entered: 08/28/2014)
31 REPLY by Defendants County of Cook, Toni Preckwinkle to response to motion 25 (Ferrara, Jill) (Entered: 09/02/2014)
32 NOTICE by County of Cook, Toni Preckwinkle re reply 31 (Ferrara, Jill) (Entered: 09/02/2014)
33 MOTION by Plaintiff Marcus Malewski for extension of time (Orozco, Brian) (Entered: 09/09/2014)
34 NOTICE of Motion by Brian M Orozco for presentment of extension of time 33 before Honorable Ronald A. Guzman on 9/11/2014 at 09:30 AM. (Orozco, Brian) (Entered: 09/09/2014)
35 MINUTE entry before the Honorable Ronald A. Guzman: Notice of motion hearing set for 9/11/2014 is stricken and no appearance is necessary. Unopposed motion by Plaintiff Marcus Malewski for extension of time to re−file class certification 33 is granted to and including 9/19/2014. Mailed notice (cjg, ) (Entered: 09/09/2014)
36 MOTION by Plaintiff Marcus Malewski to certify class Responses due by 10/20/2014 (Attachments: # 1 Notice of Filing, # 2 Memo in Support of Motion for Class Certification)(Orozco, Brian) (Entered: 09/19/2014)
MOTION by Plaintiff Marcus Malewski for Appointment as Class Counsel (Omitted relief from Motion 36 ) (mr, ) (Entered: 09/22/2014)
37 MINUTE entry before the Honorable Ronald A. Guzman:Set deadlines as to motion to by Plaintiff Marcus Malewski for class certification and appointment as class counsel 36 : Responses due by 10/17/2014. Replies due by 10/31/2014. Ruling by mail. Mailed notice (cjg, ) (Entered: 09/26/2014)
38 MOTION by Defendants Cara Smith, County of Cook, Thomas J. Dart, Toni Preckwinkle for extension of time to file a response to Plaintiff's Motion for Class Certification (Ferrara, Jill) (Entered: 10/08/2014)
39 NOTICE of Motion by Jill Vosicky Ferrara for presentment of extension of time 38 before Honorable Ronald A. Guzman on 10/14/2014 at 09:30 AM. (Ferrara, Jill) (Entered: 10/08/2014)

Case: 1:14-cv-4187 As of: 11/27/2018 01:23 PM CST 5 of 9

10/10/2014
10/14/2014 10/15/2014 11/10/2014 11/10/2014 11/10/2014 11/10/2014 11/10/2014 11/10/2014 11/10/2014 11/12/2014
11/13/2014
11/18/2014 11/28/2014 11/28/2014 11/28/2014
11/28/2014

40 MINUTE entry before the Honorable Ronald A. Guzman: Notice of motion hearing set for 10/14/2014 is stricken and no appearance is necessary. Motion by Defendants Cara Smith, County of Cook, Thomas J. Dart, Toni Preckwinkle for extension of time to file a response to Plaintiff's Motion for Class Certification 38 is granted. Response due by 11/14/2014. Reply due by 12/5/2014. Mailed notice (cjg, ) (Entered: 10/10/2014)
41 MINUTE entry before the Honorable Maria Valdez: Magistrate Judge Status hearing held on 10/14/2014 and continued to 11/18/2014 at 10:00 AM. Mailed notice (lp, ) (Entered: 10/14/2014)
42 ORDER: For the reasons stated below, Toni Preckwinkle and Cook Countys motion to dismiss 22 is granted in part and denied in part. Signed by the Honorable Ronald A. Guzman on October 15, 2014. Mailed notice(mr, ) (Entered: 10/16/2014)
43 MOTION by Plaintiff Marcus Malewski for extension of time to complete discovery JOINT (Orozco, Brian) (Entered: 11/10/2014)
44 NOTICE of Motion by Brian M Orozco for presentment of motion for extension of time to complete discovery 43 before Honorable Ronald A. Guzman on 11/13/2014 at 09:30 AM. (Orozco, Brian) (Entered: 11/10/2014)
45 MOTION by Plaintiff Marcus Malewski for extension of time to amend pleadings and join additional parties (Orozco, Brian) (Entered: 11/10/2014)
46 NOTICE of Motion by Brian M Orozco for presentment of motion for extension of time to amend 45 before Honorable Ronald A. Guzman on 11/13/2014 at 09:30 AM. (Orozco, Brian) (Entered: 11/10/2014)
47 MOTION by Defendants Cara Smith, County of Cook, Thomas J. Dart, Toni Preckwinkle for extension of time (Ferrara, Jill) (Entered: 11/10/2014)
48 NOTICE of Motion by Jill Vosicky Ferrara for presentment of extension of time 47 before Honorable Ronald A. Guzman on 11/13/2014 at 09:30 AM. (Ferrara, Jill) (Entered: 11/10/2014)
MOTION by Plaintiff Marcus Malewski to join parties (Omitted relief from Motion 45 ) (mr, ) Modified on 11/12/2014 (mr, ). (Entered: 11/12/2014)
49 MINUTE entry before the Honorable Ronald A. Guzman: Motion by Defendants Cara Smith, County of Cook, Thomas J. Dart, Toni Preckwinkle for extension of time to respond to motion by Plaintiff Marcus Malewski to certify class 36 47 is grantedReset deadlines as to motion to certify class 36 : Response due by 11/28/2014. Reply due by 12/12/2014. Ruling by mail. Mailed notice (cjg, ) (Entered: 11/12/2014)
50 MINUTE entry before the Honorable Ronald A. Guzman: Motion hearing held on 11/13/2014 regarding motion by Plaintiff for extension of time to amend pleadings and join additional parties 45 and joint motion by Plaintiff for extension of time to complete discovery 43 and continued to 12/15/2014 at 09:30 AM. Status hearing set for 1/5/2015 is stricken and reset to 12/15/2014 at 09:30 AM. Mailed notice (cjg, ) (Entered: 11/13/2014)
51 MINUTE entry before the Honorable Maria Valdez: Magistrate Judge Status hearing held on 11/18/2014 and continued to 12/16/2014 at 10:00 AM. Mailed notice (lp, ) (Entered: 11/18/2014)
52 MOTION by Defendants Cara Smith, County of Cook, Thomas J. Dart, Toni Preckwinkle for leave to file excess pages (Ferrara, Jill) (Entered: 11/28/2014)
53 NOTICE of Motion by Jill Vosicky Ferrara for presentment of motion for leave to file excess pages 52 before Honorable Ronald A. Guzman on 12/4/2014 at 09:30 AM. (Ferrara, Jill) (Entered: 11/28/2014)
54 RESPONSE by Defendants Cara Smith, County of Cook, Thomas J. Dart, Toni Preckwinkle to motion to certify class 36 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Ferrara, Jill) (Entered: 11/28/2014)
55 NOTICE by Cara Smith, County of Cook, Thomas J. Dart, Toni Preckwinkle re Response, 54 (Ferrara, Jill) (Entered: 11/28/2014)

Case: 1:14-cv-4187 As of: 11/27/2018 01:23 PM CST 6 of 9

12/03/2014
12/04/2014 12/04/2014 12/08/2014 12/15/2014
12/16/2014 01/05/2015 01/05/2015 01/06/2015 01/06/2015 01/06/2015 01/07/2015
01/07/2015 01/15/2015

56 MINUTE entry before the Honorable Ronald A. Guzman: Notice of motion hearing set for 12/4/2014 is stricken and no appearance is required. Motion by Defendants Cara Smith, County of Cook, Thomas J. Dart, Toni Preckwinkle for leave to file excess pages 52 is granted up to and including 40 pages. Mailed notice (cjg, ) (Entered: 12/03/2014)
57 MOTION by Plaintiff Marcus Malewski for extension of time , MOTION by Plaintiff Marcus Malewski for extension of time to file response/reply (Orozco, Brian) (Entered: 12/04/2014)
58 NOTICE of Motion by Brian M Orozco for presentment of extension of time, motion for extension of time to file response/reply 57 before Honorable Ronald A. Guzman on 12/9/2014 at 09:30 AM. (Orozco, Brian) (Entered: 12/04/2014)
59 MINUTE entry before the Honorable Ronald A. Guzman: Notice of motion hearing set for 12/9/2014 is stricken and no appearance is required. Motion by Plaintiff Marcus Malewski for extension of time to file reply to motion to certify class 36 57 is granted to and including 1/30/2015. Mailed notice (cjg, ) (Entered: 12/08/2014)
60 MINUTE entry before the Honorable Ronald A. Guzman: Motion hearing held on 12/15/2014. Motion by Plaintiff for extension of time to amend pleadings and join additional parties 45 and joint motion by Plaintiff for extension of time to complete discovery 43 are granted. Amended pleadings and joinder of parties due by 1/19/2015. Fact discovery ordered closed by 1/19/2015. Plaintiff's motion for class certification due by 2/18/2015. Response due 3/12/2015. Reply due 3/26/2015. Mailed notice (cjg, ) (Entered: 12/15/2014)
61 MINUTE entry before the Honorable Maria Valdez: Magistrate Judge Status hearing held on 12/16/2014 and continued to 1/15/2015 at 10:00 a.m. Mailed notice (lp, ) (Entered: 12/16/2014)
62 MOTION by Defendants Cara Smith, County of Cook, Thomas J. Dart, Toni Preckwinkle to take deposition of Francisco Alvarado, Nathaniel Davis, and Geovany Valencia pursuant to Rule 30(a)(2) (Ferrara, Jill) (Entered: 01/05/2015)
63 NOTICE of Motion by Jill Vosicky Ferrara for presentment of motion to take deposition 62 before Honorable Ronald A. Guzman on 1/8/2015 at 09:30 AM. (Ferrara, Jill) (Entered: 01/05/2015)
64 MOTION by Defendants Cara Smith, County of Cook, Thomas J. Dart, Toni Preckwinkle to take deposition of Anthony Nowosad (Ferrara, Jill) (Entered: 01/06/2015)
65 NOTICE of Motion by Jill Vosicky Ferrara for presentment of motion to take deposition 64 before Honorable Ronald A. Guzman on 1/8/2015 at 09:30 AM. (Ferrara, Jill) (Entered: 01/06/2015)
66 NOTICE of Motion by Jill Vosicky Ferrara for presentment of motion to take deposition 62 before Honorable Ronald A. Guzman on 1/8/2015 at 09:30 AM. (Ferrara, Jill) (Entered: 01/06/2015)
67 MINUTE entry before the Honorable Ronald A. Guzman: Notices of motion hearings set for 1/8/2015 are stricken and no appearances are required. Motion by Defendants Cara Smith, County of Cook, Thomas J. Dart, Toni Preckwinkle to take deposition of Francisco Alvarado, Nathaniel Davis, and Geovany Valencia 62 is granted. Motion by Defendants Cara Smith, County of Cook, Thomas J. Dart, Toni Preckwinkle to take deposition of Anthony Nowosad 64 is granted. Mailed notice (cjg, ) (Entered: 01/07/2015)
68 ATTORNEY Appearance for Defendants Cara Smith, County of Cook, Thomas J. Dart, Toni Preckwinkle by Conor Thomas Fleming (Fleming, Conor) (Entered: 01/07/2015)
69 MINUTE entry before the Honorable Maria Valdez: Magistrate Judge status hearing held on 1/15/15. Defendant made an oral motion to strike Plaintiffs recent document production requests on timeliness grounds. The Court does not believe briefing is necessary, and oral argument was heard. Defendants motion to strike is granted. See N.D. Ill. L.R. 16.1(4) (Discovery requested before the discovery closing date, but not

Case: 1:14-cv-4187 As of: 11/27/2018 01:23 PM CST 7 of 9

01/15/2015 01/19/2015 01/19/2015 01/20/2015 01/20/2015 01/20/2015 01/26/2015 01/27/2015 01/27/2015 01/29/2015
02/20/2015 02/20/2015 02/23/2015 02/23/2015 02/26/2015
03/23/2015

scheduled for completion before the discovery closing date, does not comply with this order.); see Sofo v. Pan−Am. Life Ins. Co., 13 F.3d 239, 241−42 (7th Cir. 1994) (upholding district courts grant of protective order where plaintiff failed to serve requests more than thirty days prior to the discovery close). Plaintiff indicates a motion to compel will be filed. Defendants response to be filed 7 days thereafter, no reply. If the Court decides a hearing is necessary, one will be set after briefing. Mailed notice (lp, ) (Entered: 01/15/2015)
70 AGREED Confidentiality Order. Signed by the Honorable Maria Valdez on 1/15/2015: Mailed notice (lp, ) (Entered: 01/15/2015)
71 MOTION by Plaintiff Marcus Malewski to file instanter First Amended Complaint (Attachments: # 1 Exhibit)(Kulis, Gregory) (Entered: 01/19/2015)
72 NOTICE of Motion by Gregory E. Kulis for presentment of motion to file instanter 71 before Honorable Ronald A. Guzman on 1/29/2015 at 09:30 AM. (Kulis, Gregory) (Entered: 01/19/2015)
73 MINUTE entry before the Honorable Ronald A. Guzman: Notice of motion hearing set for 1/29/2015 is stricken. Motion by Plaintiff Marcus Malewski to file instanter First Amended Complaint 71 is withdrawn. Mailed notice (cjg, ) (Entered: 01/20/2015)
74 MOTION by Plaintiff Marcus Malewski for leave to file First Amended Complaint (Attachments: # 1 Exhibit Exhibit 1)(Orozco, Brian) (Entered: 01/20/2015)
75 NOTICE of Motion by Brian M Orozco for presentment of motion for leave to file 74 before Honorable Ronald A. Guzman on 1/29/2015 at 09:30 AM. (Orozco, Brian) (Entered: 01/20/2015)
76 Redline Version of Proposed First Amended Complaint AMENDED complaint by Marcus Malewski against All Defendants (Attachments: # 1 Notice of Filing)(Orozco, Brian) (Entered: 01/26/2015)
77 MOTION by Plaintiff Marcus Malewski for extension of time (Orozco, Brian) (Entered: 01/27/2015)
78 NOTICE of Motion by Brian M Orozco for presentment of extension of time 77 before Honorable Ronald A. Guzman on 1/29/2015 at 09:30 AM. (Orozco, Brian) (Entered: 01/27/2015)
79 MINUTE entry before the Honorable Ronald A. Guzman: Motion hearing held on 1/29/2015. Motion by Plaintiff for leave to file First Amended Complaint 74 is granted. Motion by Plaintiff for extension of discovery 77 is granted. Discovery ordered closed by 3/2/2015. Plaintiff's definitive motion for class certification to be filed on or before 3/16/2015. Response due 4/16/2015. Reply due 4/30/2015. Ruling by mail. Mailed notice (cjg, ) (Entered: 01/29/2015)
80 MOTION by Plaintiff Marcus Malewski to compel (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3)(Orozco, Brian) (Entered: 02/20/2015)
81 NOTICE of Motion by Brian M Orozco for presentment of motion to compel 80 before Honorable Ronald A. Guzman on 2/26/2015 at 09:30 AM. (Orozco, Brian) (Entered: 02/20/2015)
82 MOTION by Plaintiff Marcus Malewski to compel (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Orozco, Brian) (Entered: 02/23/2015)
83 Amended NOTICE of Motion by Brian M Orozco for presentment of motion to compel 82 before Honorable Maria Valdez on 2/26/2015 at 10:15 AM. (Orozco, Brian) (Entered: 02/23/2015)
84 MINUTE entry before the Honorable Maria Valdez: Motion hearing held on 2/26/15. For the reasons stated in open court, Plaintiff's Amended Motion to Compel 82 is denied. If, after the inspection by Plaintiff's counsel is performed, Plaintiff is still unable to recall where he was held, he may file an appropriate motion at that time. Mailed notice (lp, ) (Entered: 02/26/2015)
85 MOTION by Defendants Cara Smith, County of Cook, Thomas J. Dart, Toni Preckwinklefor ruling on Plaintiff's pending motion for class certification (Ferrara,

Case: 1:14-cv-4187 As of: 11/27/2018 01:23 PM CST 8 of 9

03/23/2015 03/25/2015 03/25/2015 03/30/2015
04/02/2015
04/03/2015 04/10/2015 04/16/2015
04/30/2015
05/21/2015 06/04/2015 06/04/2015 06/16/2015

Jill) (Entered: 03/23/2015)
86 NOTICE of Motion by Jill Vosicky Ferrara for presentment of motion for miscellaneous relief 85 before Honorable Ronald A. Guzman on 3/31/2015 at 09:30 AM. (Ferrara, Jill) (Entered: 03/23/2015)
87 MOTION by counsel for Plaintiff Marcus Malewski to withdraw as attorney (Orozco, Brian) (Entered: 03/25/2015)
88 NOTICE of Motion by Brian M Orozco for presentment of motion to withdraw as attorney 87 before Honorable Ronald A. Guzman on 3/31/2015 at 09:30 AM. (Orozco, Brian) (Entered: 03/25/2015)
89 MINUTE entry before the Honorable Ronald A. Guzman: Notices of motion hearings set for 3/31/2015 as to motion by counsel for Plaintiff Marcus Malewski to withdraw as attorney 87 and motion for by Defendants Cara Smith, County of Cook, Thomas J. Dart, Toni Preckwinklefor ruling on Plaintiff's pending motion for class certification 85 are stricken and reset to 4/3/2015 at 09:30 AM. on Court's own motion. Mailed notice (cjg, ) (Entered: 03/30/2015)
90 MINUTE entry before the Honorable Ronald A. Guzman: Motion hearing set for 4/3/2015 as to motion by counsel for Plaintiff Marcus Malewski to withdraw as attorney 87 and motion for by Defendants Cara Smith, County of Cook, Thomas J. Dart, Toni Preckwinklefor ruling on Plaintiff's pending motion for class certification 85 are stricken. Motion are to be re−noticed. Mailed notice (cjg, ) (Entered: 04/02/2015)
91 NOTICE of Motion by Jill Vosicky Ferrara for presentment of motion for miscellaneous relief 85 before Honorable Ronald A. Guzman on 4/16/2015 at 09:30 AM. (Ferrara, Jill) (Entered: 04/03/2015)
92 RE NOTICE of Motion by Brian M Orozco for presentment of motion to withdraw as attorney 87 before Honorable Ronald A. Guzman on 4/16/2015 at 09:30 AM. (Orozco, Brian) (Entered: 04/10/2015)
93 MINUTE entry before the Honorable Ronald A. Guzman: Motion hearing held on 4/16/2015 regarding motion by Defendants Cara Smith, County of Cook, Thomas J. Dart, Toni Preckwinkle for ruling on Plaintiff's pending motion for class certification 85 and motion by Plaintiff's attorneys, Brian Orozco, Gregory E. Kulis, Joshua S Patrick of Gregory E. Kulis & Associates, Ltd., and Alan Mills of Uptown Peoples Law Center for leave to withdraw their appearances on behalf of the Plaintiff 87 are entered and continued to 4/30/2015 at 09:30 AM. Mailed notice (cjg, ) (Entered: 04/20/2015)
94 MINUTE entry before the Honorable Ronald A. Guzman: Motion hearing held on 4/30/2015 regarding motion by Defendants Cara Smith, County of Cook, Thomas J. Dart, Toni Preckwinklefor for ruling on Plaintiff's pending motion for class certification 85 and motion by counsel for Plaintiff Marcus Malewski to withdraw as attorney 87 . Plaintiff's motion regarding hearing issues to be filed on or before 5/21/2015. Response due 6/4/2015. Reply due 6/18/2015. Ruling by mail or parties will be called in for oral argument. Mailed notice (cjg, ) (Entered: 05/04/2015)
95 MOTION by Plaintiff Marcus Malewski to withdraw , MOTION by Plaintiff Marcus Malewski (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Notice of Filing)(Orozco, Brian) (Entered: 05/21/2015)
96 RESPONSE by Defendants Cara Smith, County of Cook, Thomas J. Dart, Toni Preckwinkle to motion to withdraw, motion for miscellaneous relief 95 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Ferrara, Jill) (Entered: 06/04/2015)
97 NOTICE by Cara Smith, County of Cook, Thomas J. Dart, Toni Preckwinkle re Response, 96 (Ferrara, Jill) (Entered: 06/04/2015)
98 MOTION by Plaintiff Marcus Malewski for extension of time Unopposed (Orozco, Brian) (Entered: 06/16/2015)

Case: 1:14-cv-4187 As of: 11/27/2018 01:23 PM CST 9 of 9

06/16/2015 06/17/2015
06/24/2015

99 Unopposed NOTICE of Motion by Brian M Orozco for presentment of (Orozco, Brian) (Entered: 06/16/2015)
100 MINUTE entry before the Honorable Ronald A. Guzman: Notice of motion hearing set for 6/23/2015 is stricken and no appearance is required. Unopposed motion by Plaintiff for extension of time to file reply to Plaintiff's motion to withdraw motion to withdraw as counsel, withdraw Plaintiff's motion for class certification and file amended complaint 95 98 is granted to and including 6/25/2015. Mailed notice (cjg, ) (Entered: 06/17/2015)
101 TRANSCRIPT OF PROCEEDINGS held on 12/15/14 before the Honorable Ronald A. Guzman. Court Reporter Contact Information: Nancy LaBella, 312−435−6890, Nancy_LaBella@ilnd.uscourts.gov.

IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings.

06/25/2015 07/29/2015 08/24/2015
08/24/2015 09/22/2015 09/23/2015 09/23/2015 09/23/2015 06/22/2016 06/22/2016

Redaction Request due 7/15/2015. Redacted Transcript Deadline set for 7/27/2015. Release of Transcript Restriction set for 9/22/2015. (Labella, Nancy) (Entered: 06/24/2015)
102 REPLY by Plaintiff Marcus Malewski to notice of filing 97 (Attachments: # 1 Notice of Filing)(Orozco, Brian) (Entered: 06/25/2015)
103 MINUTE entry before the Honorable Maria Valdez: All matters relating to the referral of this action having been resolved, the case is returned to the assigned judge. Mailed notice (lp, ) (Entered: 07/29/2015)
104 MEMORANDUM Opinion and Order signed by the Honorable Ronald A. Guzman on 8/24/2015: For the reasons stated below, Plaintiff's counsel's motion to withdraw both their motion for leave to withdraw and the class certification motion and Plaintiff's motion for leave to file an amended complaint 95 is granted in part and denied in part. Plaintiff's counsel are granted leave to withdraw their motion to withdraw and the class certification motion. Plaintiff's motion for leave to file an amended complaint is denied. The complaint on file is dismissed based on counsel's representation that the two counts alleged are unsupported. Civil case terminated. Mailed notice (cjg, ) (Entered: 08/25/2015)
105 ENTERED JUDGMENT signed by Deputy Clerk on 8/24/2015. Mailed notice (cjg, ) (Entered: 08/25/2015)
106 NOTICE of appeal by Marcus Malewski regarding orders 105 Filing fee $ 505, receipt number 0752−11110184. (Attachments: # 1 Certificate of Service)(Kulis, Gregory) (Entered: 09/22/2015)
107 NOTICE of Appeal Due letter sent to counsel of record regarding notice of appeal 106 . (gcy, ) (Entered: 09/23/2015)
108 TRANSMITTED to the 7th Circuit the short record on notice of appeal 106 . Notified counsel. (gcy, ) (Entered: 09/23/2015)
109 ACKNOWLEDGMENT of receipt of short record on appeal regarding notice of appeal 106 ; USCA Case No. 15−3097 (jl) (Entered: 09/24/2015)
110 LETTER from the USCA regarding the record on appeal in USCA no. 15−3097: No record to be returned. (aee, ) (Entered: 06/23/2016)
111 MANDATE of USCA dated 06/22/2016 regarding notice of appeal 106 ; USCA No. 15−3097. IT IS ORDERED that this case is DISMISSED, pursuant to Federal Rule ofAppellate Procedure 42(b). (aee, ) (Entered: 06/23/2016)