January 2020

Economan files a Complaint on January 21, 2020.

Civil Cover Sheet filed on January 21, 2020.

September 2024

Judge Lund enters a scathing Order on September 30, 2024.

November 2024

Judge Simon enters an Order on November 7, 2024.

• This case has been referred to Judge Philip P. Simon for a settlement conference on November 19, 2024, at 9:00 a.m. (CST). To understand Judge Simon's procedure and requirements, and to assist in promoting settlement, each party should review the "Settlement Conference" page on Judge Simon's website at: www .innd .uscourts .gov /sites /innd /files /PPSSettlementConferencelnstructions .pdf in advance of the settlement conference. This includes instructions regarding the pre-conference demand and offer, submission of settlement memoranda, attendance requirements, and the conference format. SO ORDERED. ENTERED: November 7, 2024.

Economan files Plaintiffs' Objection and Response to Defendants' Collective Motions to Reconsider and Request for Clarification of the Court's November 6, 2024 Docket Entry on November 8, 2024.

Defendant The Garrison Law Firm's Motion For Leave to Visually Attend Judicial Settlement Conference filed on November 12, 2024.

Federal Defendants' Motion for Leave to Appear Virtually at the Judicial Settlement Conference filed on November 14, 2024.

Judge Lund enters an Opinion and Order entered on November 14, 2014.

Defendant's Memorandum Addressing Failure to Intervene Claim filed on November 19, 2024.

Defendant The Garrison Law Firm's Supplemental Brief in Support of Motion for Reconsideration of Denial of Summary Judgement filed on November 19, 2024.

Plaintiffs' Objection to Notice of Substitution of United States of America in the Place of Defendants Gary L. Whisenand and Tonda Cockrell for the Second and Third Claims for Relief in Plaintiffs' Complaint filed on November 19, 2024.

Federal Defendants' Statement Regarding Failure to Intervene filed on November 19, 2024.

James Luttrull and Jessica Krug file a Notice of Appeal on November 26, 2024.

December 2024

Plaintiffs' Response to Defendants' Briefs in Opposition to Plaintiffs' Failure to Intervene Claim filed on December 3, 2024.

Plaintiffs' Motion to Reconsider, Response and Objection to Defendants' Motion to Stay Proceedings, and Request to Certify Krug and Luttrull's Appeal as Frivolous filed on December 11, 2024.

January 2025

Judge Lund enters an Order on January 2, 2025.

• On November 27, 2024, all Defendants, including Tonda Cockrell, Gary L. Whisenand, The Garrison Law Firm L.L.C., James Luttrull, Jessica Krug, and the United States requested this Court stay all proceedings pending the outcome of the interlocutory appeal filed by Defendants James Luttrull and Jessica Krug on November 26, 2024. [DE 251; DE 253]. Plaintiffs responded to Defendants' Motion to Stay on December 11, 2024, at [DE 287], with Defendants replying on December 18, 2024, at [DE 289]. Having reviewed the parties' respective arguments, the Motion to Stay, [DE 253], is GRANTED. Defendants' Motion to Stay is Granted On November 26, 2024, Defendants James Luttrull and Jessica Krug filed an interlocutory appeal requesting review of this Court's denial of qualified immunity in the September 30, 2024 Opinion and Order resolving the Motions for Summary Judgment, and the November 5, 2024 hearing resolving the Motions for Reconsideration. [DE 225, 234, 239, 242]. In both, the Court denied Defendants Luttrull's and Krug's assertions of absolute and qualified immunity against Plaintiff's claims of malicious prosecution (wrongful use of civil proceeding), fourth amendment violations, and fifth amendment violations. [DE 254]. "Qualified immunity is an entitlement not to stand trial or face the other burdens of litigation. The privilege is an immunity from suit rather than a mere defense to liability; and, like an absolute immunity, it is effectively lost if a case is erroneously permitted to go to trial." Allman v. Smith, 764 F.3d 682, 684 (7th Cir. 2014) (citing Siegert v. Gilley, 500 U.S. 226, 232-33 (1991)); see Mitchell v. Forsyth, 472 U.S. 511, 525-27 (1985)). And so "when a public official takes an interlocutory appeal to assert a colorable claim to absolute or qualified immunity from damages, the district court must stay proceedings." Allman v. Smith, 764 F. 3d 682, 684 (7th Cir. 2014) (quoting Goshtasby v. Board of Trustees of University of Illinois, 123 F.3d 427, 428 (7th Cir. 1997)). Once a trial has taken place, the official has incurred the very costs the doctrine is designed to avoid, and thus any review that can occur at the end of the case is limited at best. Estate of Davis v. Ortiz, 987 F.3d 635, 639 (7th Cir. 2021) (citing Mitchell v. Forsyth, 472 U.S. 511, 525-27 (1985)). The privileges of absolute and qualified immunity are lost if a case is erroneously permitted to proceed to trial. See Allman, 764 F.3d 682, 684. For this reason, Defendants Luttrull's and Krug's appeal is not frivolous. And, for the same reason, Defendants' Motion to Stay, IDE 253], is GRANTED. Plaintiffs Motion to Reconsider, [DE 2871, is DENIED. All Parties' Motion for Clarification, [DE 279], is also DENIED. SO ORDERED.

Counsel for Cockrell and Whisenand file a Notice of Appeal on January 6, 2025.

David E. Hollar files a Request for Transcript filed on January 17, 2025.