Federal Lawsuit – ACTIVE
October 21, 2014: A status hearing is scheduled for October 22, 2014. We expect a portion of our case to move forward into trial. In late September, Judge Lee granted the City’s Motion to Dismiss in part, but denied the City’s Motion as to our equal protection claims under the Constitutions 14th Amendment claims. Here is a portion of the ruling:
“Here, NSMA supports its equal protection claim with specific factual allegations of a practice of dissimilar treatment that has no obvious alternative explanation. Id. Additionally, NSMA alleges that representatives of the City undertook these discriminatory acts out of improper personal motives and ill-will towards NSMA, and NSMA supports these allegations with numerous factual examples. See id. ¶¶ 198–212. Thus, NSMA has sufficiently stated an equal protection claim based on the City’s disparate treatment of members and non-members requesting to retain analog meters…” See the full: Memorandum 9.25.2014.
Further, Judge Lee has dismissed the Rule 11 Sanctions that the City of Naperville attempted to place on our organization.
January 21, 2013: A status hearing scheduled for last week was cancelled the afternoon of the day before. No new dates have been scheduled at this time. In December, both parties agreed to a 60-day extension in the discovery phase. The judge has not issued any decisions in the outstanding motions that were discussed in September. The lawsuit continues and remains in the Discovery Phase. The latest information from the judge is as follows:
December 2, 2012: A status hearing with the Federal Judge scheduled for November 28, 2012, has been postponed by the Court to January 15, 2012, 9:15 a.m. at the Dirksen Federal Court in Chicago. The lawsuit continues and remains in the Discovery Phase. The City and NSMA have mutually requested a 60 day extension to continue Discovery, which will not conclude until March. NSMA and plaintiffs continue to await the judge’s decision on the outstanding motions.
October 19, 2012: Federal Judge John Z. Lee held a hearing Friday, September 21, 2012, where City attorney Margo Ely argued alongside NSMA lead attorney Doug Ibendahl on the 3 motions that were filed with the court (listed below). Over 2 hours of discussion was spent answering questions the judge asked. He concluded the hearing with instructions for NSMA attorney to file a brief on 10/5/12 answering some additional questions. Further, he instructed City of Naperville Attorney Ely to respond with her brief Friday 10/19/12. The judge also said he would issue a ruling on these 3 open motions before him after receipt of these briefs:
September 7, 2012: NSMA and plaintiffs were informed that Judge Lee has scheduled a hearing where both parties will present oral arguments on the outstanding motion for Preliminary Injunction and 2 motions made by the City. The public is encouraged to attend.
August 15, 2012: Our status hearing originally scheduled for August 16th has been postponed by Judge Lee to August 28, 2012, at 9:30 a.m. The hearing will include a progress report made by both parties on the current phase of discovery. Location: Judge John Z. Lee, Courtroom 1225, Everett McKinley Dirksen United States Courthouse, 219 South Dearborn Street, Chicago. NSMA will hold a rally prior to the court hearing in front of the Courthouse prior to the hearing. Click here for more information.
June 22, 2012: We are entering the Discovery phase of our lawsuit. Click here for more information.
June 6, 2012: Our Federal Lawsuit was reassigned to a recently-sworn Federal Judge, the Honorable John Z. Lee. An initial reassignment status hearing is set for June 18 at 3:00 p.m. in Chicago. No new information is available about the preliminary injunction hearing.
May 29, 2012:
Please join NSMA on May 31, 2012, at 9:30 am, in Courtroom 1403 (Judge Chang), Everett McKinley Dirksen United States Courthouse, 219 South Dearborn Street, Chicago, IL.
The Memorandum in Support of Motion for Prelim. Injunction from April 13, 2012, can be emailed upon request, as the file is too large to post on our web page.
March 13, 2012: The first status hearing with the Federal Court judge will occur on Tuesday, March 13th, at 8:30 a.m.
December 30, 2011: Naperville Smart Meter Awareness (NSMA) filed a Complaint for Injunctive Relief in United States District Court for the Northern District of Illinois Eastern Division, (Case No 11-cv-9299): Complaint for Injunctive Relief 11-cv-9299
Ed Friedman of Maine, a lead plaintiff in a case against Central Maine Power, partners with Naperville Smart Meter Awareness to enhance each of our lawsuits.
In Maine, oral arguments were heard on May 10th by the Supreme Judicial Court. Attorneys for the PUC and Central Maine Power were taken to task by the justices for not grappling with the issues of safety and health. Arguments can be heard at the following link and are worth listening to for their entertainment value alone. The conversation gets good about 15:30 and great about 19:00. Total time is 36 minutes. As of July 9th, the Court has not rendered a decision.
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Notice of Appeal with Cover Letter 10-31-2011
Brief of Appellants 01-10-2012
* These documents are available upon request as they are too large to be uploaded to our web page. Send an email to Ed Friedman at firstname.lastname@example.org:
1. Addendums to Appellant’s Initial Brief:
a. Supplements of Legal Authorities and b. Appendix to Brief
2. CMP Reply Brief
3. Appellant’s Response Brief