2:08-cv-02232-SLD # 484 Filed: 01/07/19 Page 1 of 4
`E-FILED
` Monday, 07 January, 2019 01:01:49 PM
` Clerk, U.S. District Court, ILCD
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`IN THE UNITED STATES DISTRICT COURT FOR THE
`CENTRAL DISTRICT OF ILLINOIS
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`JEFFREY ORR, et al.,
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`Plaintiffs,
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`WILLARD O. ELYEA, M.D., et al.,
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`Defendants.
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`No. 08-2232-HAB-DGB
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`IDOC DEFENDANTS’ MOTION TO STAY PROCEEDINGS PENDING APPROVAL
`OF PROPOSED CONSENT DECREE IN LIPPERT CASE
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`The IDOC Defendants, by and through their attorney, Lisa Madigan, Illinois Attorney
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`General, hereby move to stay all scheduled proceedings pending approval of the proposed
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`Consent Decree in Lippert v. Ghosh, No. 10-4603 (N.D. Ill.), and in support of their motion state
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`as follows:
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`The Court scheduled an evidentiary hearing for January 22-23, 2019, and the parties have
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`scheduled depositions of several medical experts, with the first deposition currently set for
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`January 11, 2019. The IDOC Defendants now move to stay the evidentiary hearing and
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`associated discovery because of a recent development in the Lippert case in the Northern
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`District.
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`In the Lippert case, plaintiffs sought “declaratory and injunctive relief to redress alleged
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`violations of the class members’ constitutional rights. Plaintiffs allege that they are denied
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`adequate medical and dental care and are at substantial risk of serious harm which violates the
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`class members’ rights under the Eighth and Fourteenth Amendments to the United States
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`Constitution.” See proposed Consent Decree, filed as Exhibit A, at p. 1. The Court certified a
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`plaintiff class on April 28, 2017, with the class defined to include “all prisoners in the custody of
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`2:08-cv-02232-SLD # 484 Filed: 01/07/19 Page 2 of 4
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`the Illinois Department of Corrections with serious medical or dental needs.” Id. The class was
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`certified under Federal Rule of Civil Procedure 23(b)(2), which does not allow class members to
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`opt out. Jefferson v. Ingersoll International, Inc., 195 F.3d 894, 897 (7th Cir. 1999). In
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`December, 2018, the parties reached agreement on a proposed Consent Decree, and they moved
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`for preliminary approval on January 3, 2019. See Motion, filed as Ex. B. A hearing on that
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`motion is scheduled for January 10, 2019. See Notice of Motion, filed as Ex. C.
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`The proposed Decree explicitly includes treatment for inmates who are infected with the
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`Hepatitis C virus. Paragraph II.B.6 provides in relevant part: “IDOC agrees to implement
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`changes in the following areas: … f. Chronic disease care: diabetes, Chronic Obstructive
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`Pulmonary Disease (“COPD”), asthma, HCV, HIV/AIDs, hypertension, hyperlipidemia ….”
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`(emphasis added). Ex. A at p. 6. Thus, all of the plaintiffs in the Orr case and consolidated cases
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`(collectively, the Orr plaintiffs) who are HCV+ and have a serious medical need are members of
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`the plaintiff class certified in Lippert, and the Consent Decree, if approved, will dictate
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`constitutionally-required treatment for the HCV+ inmates whose cases are before this Court. Any
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`Orr plaintiffs who do not have a serious medical need are not entitled to relief in either case.
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`The specific changes to treatment required under the proposed Decree are not known at this time,
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`but will be developed as part of an Implementation Plan that IDOC will create and implement
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`with the assistance of a court-appointed monitor. See id. at p. 18. In the meantime, IDOC’s
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`revised HCV treatment protocol, previously filed with this Court (Doc. No. 471, Ex. A), will be
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`followed.
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`If the Lippert Consent Decree is approved, all of the Orr plaintiffs with a serious medical
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`need will be covered by that Decree, and their claims for injunctive relief, pending before this
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`2:08-cv-02232-SLD # 484 Filed: 01/07/19 Page 3 of 4
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`Court, will be mooted and/or precluded. It thus will be unnecessary, and a waste of judicial
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`resources, to continue to litigate the Orr plaintiffs’ injunctive claims.
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`WHEREFORE, for these reasons, the IDOC Defendants ask this Court to stay all
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`proceedings until the Court in the Lippert case has decided whether to give final approval of the
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`proposed Consent Decree in that case.
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`Respectfully submitted,
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`ILLINOIS DEPARTMENT OF CORRECTIONS,
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`Defendant,
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`LISA MADIGAN, Attorney General,
`State of Illinois,
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`Attorney for Defendant,
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`By: s/ Christopher L. Higgerson
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`Christopher L. Higgerson
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`Assistant Attorney General
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`Christopher L. Higgerson, #6256085
`Assistant Attorney General
`500 South Second Street
`Springfield, Illinois 62701
`Telephone: (217) 782-1841
`Facsimile: (217) 782-8767
`E-Mail: chiggerson@atg.state.il.us
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` Of Counsel.
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`Page 3 of 4
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`2:08-cv-02232-SLD # 484 Filed: 01/07/19 Page 4 of 4
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`IN THE UNITED STATES DISTRICT COURT FOR THE
`CENTRAL DISTRICT OF ILLINOIS
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`JEFFREY ORR, et al.,
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`Plaintiffs,
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`-vs-
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`WILLARD O. ELYEA, M.D., et al.,
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`Defendants.
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`No. 08-2232-HAB-DGB
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`CERTIFICATE OF SERVICE
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` I
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` hereby certify that, on January 7, 2019, the foregoing document, IDOC DEFENDANTS’
`MOTION TO STAY PROCEEDINGS PENDING APPROVAL OF PROPOSED
`CONSENT DECREE IN LIPPERT CASE, was electronically filed with the Clerk of the Court
`using the CM/ECF system, which will send electronic notice of same to all counsel of record.
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`Respectfully Submitted,
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`By: s/ Christopher L. Higgerson
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`Christopher L. Higgerson
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`Assistant Attorney General
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`Christopher L. Higgerson, #6256085
`Assistant Attorney General
`500 South Second Street
`Springfield, Illinois 62701
`Telephone: (217) 782-1841
`Facsimile: (217) 782-8767
`E-Mail: chiggerson@atg.state.il.us
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`Page 4 of 4
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