Home   Federal Lawsuit – ACTIVE

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:

1) City of Naperville’s motion to dismiss the case
2) City’s motion for sanctions against plaintiffs
3) NSMA’s motion for preliminary injunction (pay attention to page 3).  If the judge approves this motion as written, anyone can refuse w/o penalty or fines, and anyone who got a SM can have it removed.
This decision could be made as soon as the week of October 22, 2012, or it may not be made for a few more weeks, maybe even early November.  Please keep up to date by signing up for our newsletter (click Newsletter at left).

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: 

May 29, 2012:  POSTPONED…  (Was May 31, 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.

Motion for Preliminary Injunction

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.

EXHIBIT B-Congressional Research Service Report on Smart Meter Privacy and Cybersecurity




EXHIBIT G-DrCarpenterLetter

EXHIBIT H-LisaMadiganArticle

EXHIBIT I-HawaiiOptOut


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.


* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

Maine Smart Meter Appeal Summary History

Final Complaint Maine – July 29, 2011

FinalReconsiderationPetition 09-19-2011

Notice of Appeal with Cover Letter 10-31-2011

Notice of Appeal PUC Press Release Nov 4 2011.2

Brief of Appellants 01-10-2012

Appeal Brief Filed -Pess Release January 11 2012

Jones Letter 2-27-12                  US v Jones10-1259

PUC Reply Brief 2-28-12 Friedman v MPUC

* 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 edfomb@comcast.net

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

____________________________________________________________________________ (4497)

4 Comments so far:

  1. virginia farver says:

    Non-Ionizing Radiation is a Class 2B Carcinogen!! I lost my Beautiful, Young Son, from glioblastoma multiforme brain cancer on October 11, 2008. Rich, had attended SDSU (San Diego State University), and was working and living in San Diego at the time of diagnosis. Dr. Verjesh Tantuwaya from Poway California told Rich and the family that his cell phone was the cause. Tumor location was right frontal lobe and he was right handed – Isperlateral.
    August 7, 2009 while at home in Colorado I found articles and a video about a,’Brain Cancer Cluster on the SDSU Campus.’ Rich is the graduate student mentioned in these. I’ll put these below.
    To make a long story short I had met with some of the Professors mentioned in these articles off campus for meetings. The SDSU Administration had sent me an,’ Epidemiological Report,’ written by Dr. Thomas Mack. 3rd paragraph he says he has,’ No known knowledge of chemical or radiation concerns and therefore are none.’ I e-mailed Dr. Mack and he called me at home. I asked about a HUGE cell tower that towers above Nasatir Hall and room 131 ( where most of the brain cancer victims were located ). Dr. Mack denied this could be the cause and brushed this off rather quickly. I then told him of everyones concerns and he said,” They should be concerned.” Because of his report the SDSU Administration will not conduct a Toxicology Study. These Professors have requested one and were denied and I have also requested one on several occassions never receiving a response. I even contacted the Governors office and area Rep. Marti Emerald. They both referred me back to SDSU.
    I decided to look into this cell tower on my own. It is a HPWREN or High Performance Wireless Research and Educational Network a BackBone Node to the UCSD Supercomputer Center. It is also GWEN or Ground Wave Emergency Network with emissions known to hug the groud. These towers are connected via the Lambda Rail or Tera Grid – SMART GRID. These towers are located on several college campuses and can send signals thousands of miles. It is the Scientists and engineers who are developing the smart meters, appliances, and whatever else these people can dream up. This is the,’ Military ( Intelligence )-Industrial Complex,’ for which President Dwight Eisenhower warned the US citizens of in his,’1961 Farewell Speech, and of its Grave Consequences.’ I know of these consequences which have all but destroyed my life and the lives of my family.
    There are,’2,’ HPWREN cell towers on the SDSU campus. One is on top of the Communications Building which towers above Nasatir Hall, and one on top of the KPBS News Station on campus. Both of these towers are considered being located at the highest points on campus.


    RICH FARVER – diagnosed in 2008 and died from GBM Brain Cancer, October 11, 2008/ Nasatir Hall, room 131

    LOU TERRELL – diagnosed with Primary Brain Lymphoma, Brain Cancer, 2008/ Nasatir Hall, room right next to 131

    CHARLES CUTTER – diagnosed in 2008 and died from GBM Brain Cancer, April 19, 2008/ Nasatir Hall, room 131

    RICHARD FUNSTON – diagnosed and died from GBM Brain Cancer, 1993 with cell tower present and taken down in 1995, only to once again, be replaced/ Nasatir Hall, room 131

    MS. LAUREL AMTOWER – diagnosed with GBM Brain Cancer, November 2009, died August 29, 2010/ Arts and Letters Building right next to Nasatir Hall ( within yards)

    MRS. KATHY O’HARA – diagnosed with GBM Brain Cancer, May 2008/ KPBS News Station on campus
    TYPE IN: Eric Holland-Sloan Kettering, More on SDSU Cancer Cluster
    LINK: voiceofsandiego More on Cancer Clusters

    I contacted NBC San Diego Producer Paul Krueger after the death of Ms. laurel Amtower. He was very interested in doing another story until I gave him this information. SILENCE! A reporter from the,’ San Diego Tribune,’ called me at home. This gentleman told me this story would Never get out in San Diego. I asked why? He said,”Because of Money.”
    This story was instrumental in getting the WHO or World Health Organization to classify Non-Ionizing Radiation as a Class 2B carcinogen. I also have personal knowledge that this classification was very close to being a Class 2A carcinogen.
    Please, DO NOT allow Smart Meters to be installed on every home and business across the US. The SMART GRID has already taken some very precious lives!
    Sincerely and Heart Broken,
    Virginia Farver

  2. […] have filed a federal lawsuit (News article) seeking an injunction to instillation (Court Documents) Up to date info on the case Status:Discovery phase of the case Cases “Loss” (aka opportunity to learn so we win the […]

  3. […] councilors and mayors are now beginning to be on the receiving end of civil and criminal litigation.[40] Though, with so much on the line, and the bottomless corporate pockets of a trillion-dollar […]

Leave a Reply

Get my Subscription
Click here
Extend Message goes here..