King v. Evans et al
| Rita King |
| Glenn Evans, City Of Chicago, D T Clifford, R A Sutton, K L Rodgers, Wilfredo Lapitan, Lloyd Gray and Connie Dixon |
| 1:2013cv01937 |
| March 13, 2013 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| Cook |
| Elaine E. Bucklo |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Both |
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Filing
135
ORDER: Plaintiff's Motion for Recommendation to the District Court for Sanctions Pursuant to Rule 37(a) 118 is granted in part and denied in part. To the extent that Plaintiff requests a report and recommendation to the District Judge, the Mo tion is denied. As to the underlying relief requested in Plaintiff's Motion for Sanctions, the Motion is granted in part and denied in part without prejudice to further proceedings consistent with this Order. The Court finds that Defendant Eva ns did not waive his right to invoke the Fifth Amendment in response to questions put to him at his deposition when he responded to written discovery or answered Plaintiff's amended complaint before the record shows he was the target of a crimin al investigation for using excessive force against an unrelated person in Cook County. The Court also finds that Evans did not waive his Fifth Amendment right when his lawyers filed an answer to Plaintiff's second amended complaint on his behal f, denying all of the substantive allegations in that pleading, after he had been indicted in Cook County. The Court has reviewed all of the questions listed in Plaintiff's Supplement 121 to her Motion for Sanctions 118 and finds, on this r ecord, that Evans properly invoked his Fifth Amendment right not to answer the questions identified at the following deposition transcript pages and lines: 17:18-20, 17:23-24-18:1, 18:4-5, 18:7-9, 18:12-14, 18:17-20, 18:23-24-19:1, 19:4-7, 19:10-14, 19:17-20, 19:23-20:1, 20:10-12, 21:19-22, 22:1-4, 22:7-10, 25:12-16, 25:19-23, 26:2-5, 26:8-9, 29:4-6, 29:9-10, 29:19-22, 31:5-10, 32:13-15, 33:11-15, 37:4-5, 37:21-24, 44:9-12, 47:18-20, and 48:12-14. As to all of the other questions identified in Plaintiff's Supplement 121 , Evans has not met his burden of showing that he properly invoked his Fifth Amendment right on this record. Accordingly, the Court orders Evans to sit for another deposition, if Plaintiff wants to re-depose him, at w hich he must answer those questions provided the parties follow the procedural guidelines discussed in the Statement attached. The Court also awards Plaintiff the attorney's fees and expenses incurred in briefing her Motion 118 and Supplement 121 under Rule 37 of the Federal Rules of Civil Procedure. A status hearing is set for 9/30/15 at 10:00 a.m. See attached Statement for further details. Signed by the Honorable Jeffrey T. Gilbert on 9/11/2015. Mailed notice (ber, )
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Filing
132
ORDER: Status hearing held on 7/17/15. Defendant City of Chicago's Renewed Motion to Bifurcate Section 1983 Claims and to Stay Discovery and Trial on Those Claims 122 is denied for the reasons stated on the record and summarized in the Statem ent below. The Court's ruling on the record is expressly incorporated in this Order. Any motion for review of this ruling before the District Judge must be accompanied by a transcript of todays hearing. Plaintiff shall serve her Rule 30(b)(6) de position notice concerning Monell issues by 7/31/15. A continued status hearing is set for 8/12/15 at 9:15 a.m. to establish dates for expert disclosures. Defendants disclosed their medical expert to Plaintiff yesterday and they will provide Plaintiff with the material noted on the record in 60 days or by 9/17/15. See attached Statement for further details. Signed by the Honorable Jeffrey T. Gilbert on 7/17/2015. Mailed notice (ber, )
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Filing
115
ORDER: Plaintiff's Motion to Compel Interrogatory Answers [ECF No. 102] is granted. See attached Statement for further details. Signed by the Honorable Jeffrey T. Gilbert on 3/5/2015. Mailed notice (ber, )
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