People Who Care v. Rockford Board of Education

179 F.R.D. 551, 1998 U.S. Dist. LEXIS 6932, 1998 WL 246651
CourtDistrict Court, N.D. Illinois
DecidedMay 7, 1998
DocketNo. 89 C 20168
StatusPublished
Cited by6 cases

This text of 179 F.R.D. 551 (People Who Care v. Rockford Board of Education) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People Who Care v. Rockford Board of Education, 179 F.R.D. 551, 1998 U.S. Dist. LEXIS 6932, 1998 WL 246651 (N.D. Ill. 1998).

Opinion

ORDER

MAHONEY, United States Magistrate Judge.

I. INTRODUCTION

On December 22, 1997, petitioners Theodore Biondo, Patricia Delugas, and David L. Strommer (collectively, “petitioners”), all members of the Rockford Board of Education (School District No. 205) (“RSD Board”), filed their “motion to intervene.” People Who Care v. Rockford Board of Education, School District No. 205, No. 89 C 20168 (N.D. Ill. December 22, 1997, Docket Nos. 2881). Also on December 22, 1997, petitioners filed their “motion to vacate order.” People Who Care, No. 89 C 20168 (N.D. Ill. December 22, 1997, Docket No. 2882).

On January 2, 1998, petitioners filed the following: (1) petitioners’ “motion for leave to amend.” People Who Care, No. 89 C 20168 (N.D. Ill. January 2, 1998, Docket No. 2886); (2) petitioners’ amendment to motion to intervene, consisting of paragraphs 13-20;

(3) petitioners’ brief in support of motion to intervene; and (4) petitioners’ “amended motion to vacate order and response and objection to Plaintiffs’ motion for findings, sanctions and enforcement actions.” People Who Care, No 89 C 20168 (N.D. Ill. January 2, 1998, Docket No. 2887).

For the reasons stated in this order, the following motions are denied: (1) petitioners’ “motion to intervene,” filed December 22, 1997; and (2) petitioners’ related motion to vacate order, filed December 22, 1997.

Further, as explained below, the following motions are moot: (1) Petitioners’ “amended motion to vacate order and response and objection to Plaintiffs’ motion for findings, sanctions and enforcement actions,” filed January 2, 1998; and (2) petitioners’ motion for leave to amend, filed January 2, 1998.

II. BACKGROUND

On September 12, 1997, the court ruled on the Master’s FY 98 expenditure plan and the RSD’s objections thereto. People Who Care, No. 89 C 20168 (N.D. Ill. September 12, 1997, Docket No. 2775). In the September 12, 1997 order, the court adopted the Master’s FY 98 CRO expenditure plan, albeit with some changes. Aso in the September 12, 1997 order, the court directed the RSD to submit “the RSD’s plan for funding the expenditure plan ... ”. Id.

On September 24, 1997, the RSD filed its “report required pursuant to September 12, 1997 order.” People Who Care, No. 89 C 20168 (N.D. Ill. September 24, 1997, Docket No. 2781). In the RSD’s September 24,1997 report, the RSD stated the following:

It is inconceivable that [the] RSD could fund the remedial relief required by the Court’s Expenditure Plan for FY 98 out of its general operating funds .... As a result, RSD assumes that this Court can and will enter an Order consistent with the September 12,1997 Order finding that the Court ordered Expenditure Plan is a supplemental judgment issued in connection with the CRO and previously entered liability findings which found that RSD had committed constitutional torts when it violated the Plaintiffs’ constitutional rights. [554]*554Upon entry of such an Order, RSD will be bound under State law to levy a tax under the Illinois Tort Immunity Act to pay for such supplemental judgment.

People Who Care, No. 89 C 20168 at 2-3 (N.D. Ill. September 24, 1997, Docket No. 2781).

On November 6, 1997, the court entered the RSD’s proposed supplemental judgment order as requested by the RSD on September 24,1997. As pointed out by the RSD on September 24, 1997, the RSD was then “bound under State law to levy a tax under the Illinois Tort Immunity Act to pay for such supplemental judgment.” People Who Care, No. 89 C 20168 (N.D. Ill. September 24, 1997, Docket No. 2781); People Who Care, No. 89 C 20168 (N.D. Ill. November 6, 1997, Docket No. 2808).

Also on November 6, 1997, Judge Rapp of the Circuit Court of Carroll County, Illinois, issued an opinion stating that for consent decree levy years 1991 through 1993, the Illinois Tort Immunity Act did not permit-use of tort levies to pay for those remedies. See People Who Care, No. 89 C 20168 at 11-14 (N.D. Ill. December 22, 1997, Docket No. 2879) (Transcript for December 2, 1997 proceedings). However, Judge Rapp’s November 6, 1997 opinion did not constitute a final order or an injunction, as explained by RSD counsel Thomas Lester:

MR. LESTER: I mean, there is no injunction prohibiting the district to levy under the Tort Immunity Act nor is there any order directing them to do so.
THE COURT: In fact, the last time I asked you the question, your answer was no. Has anything changed? Is there any legal impediment that prevents the board from fully funding the CRO through the tort levy?
MR. LESTER: I believe I just said currently there is no injunction in place or court order which prohibits the district from levying under the Tort Immunity Act. Similarly, there is no order directing them to do so.
THE COURT: Is the district requesting such an order?
MR. LESTER: No, your honor.

People Who Care, No. 89 C 20168 at 29-30 (N.D.Ill. December 22, 1997) (Transcript for December 16, 1997 hearing). Altogether, RSD counsel stated (1) that no court order and/or injunction prevented the RSD from levying pursuant to the Tort Immunity Act to fund the FY 98 CRO expenditure plan and FY 98 COPs debt service; and (2) that the RSD was not requesting an order from the District Court specifically directing the RSD to levy pursuant to the Tort Immunity Act.

On November 24, 1997, Plaintiffs People Who Care, et al. (“Plaintiffs”) filed their “motion for revenue generation order concerning the FY 98 CRO remedial operating budget and the FY 98 COPs debt service levy.” People Who Care, No. 89 C 20168 (N.D. Ill. November 24, 1997, Docket No. 2814). Plaintiffs’ November 24, 1997 motion for revenue-generation order requested that the court specifically direct the RSD to levy pursuant to the Tort Immunity Act. As the court understood Plaintiffs’ concerns, Plaintiffs believed that the RSD Board would not levy pursuant to the Tort Immunity Act to fund the FY 98 CRO expenditure plan and the FY 98 COPs debt service. More specifically, Plaintiffs believed that the RSD Board would not levy prior to December 30, 1997, thereby leading to the financial collapse and resulting complete shutdown of the Rockford Public Schools during FY 98.

On December 8, 1997, the court denied Plaintiffs’ November 24, 1997 “motion for revenue generation order concerning the FY 98 remedial operating budget and FY 98 COPs debt service” by the following order:

On September 12, 1997, the court ruled on the Master’s FY 1998 Comprehensive Remedial Order (“CRO”) expenditure plan and the Rockford Board of Education, School District No. 205 (“RSD”) objections thereto. In the September 12, 1997 order, the court adopted the Master’s FY 1998 CRO expenditure plan, albeit with some changes. People Who Care, No. 89 C 20168 (N.D. Ill. September 12, 1997, Docket No. 2775). Also in the September 12, 1997 order, the court directed the RSD to submit “the RSD’s plan for funding the expenditure plan as put forward by this court and the Master.” People Who Care, [555]*555No. 89 C 20168 (N.D.Ill. September 12, 1997).

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Bluebook (online)
179 F.R.D. 551, 1998 U.S. Dist. LEXIS 6932, 1998 WL 246651, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-who-care-v-rockford-board-of-education-ilnd-1998.