Bolden v. Pesavento et al.
Plaintiff: Bolden, Eddie L. Bolden and Beligratis, Walls, Walsh
Defendant: City Of Chicago, Michael Baker, George Karl, Edward Hicks, Michael Kill, James Oliver, Angelo Pesavento, Edward Siwek, Barbara Temple, As-Yet Unknown Current or Former Employees of the City of Chicago, Joseph Barnes, Michael Rowan, William Higgins, Personal Representative of the Estate of George Karl and Edward J. Siwek
Not Classified By Court: Cook County States Attorney's Office and Walls, Beligratis, Walsh
Case Number: 1:2017cv00417
Filed: January 19, 2017
Court: US District Court for the Northern District of Illinois
Office: Chicago Office
County: Cook
Presiding Judge: Steven C Seeger
Referring Judge: Milton I Shadur
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By: Both
Docket Report

This docket was last retrieved on March 24, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 24, 2023 Opinion or Order Filing 716 RESPONSE by Eddie L. Boldenin Opposition to MOTION by Defendants James Oliver, Angelo Pesavento to quash citations to discover assets #713 (Attachments: #1 Exhibit - A, #2 Exhibit - B, #3 Exhibit - C)(Litoff, Eli)
February 21, 2023 Opinion or Order Filing 715 REPLY by Defendants James Oliver, Personal Representative of the Estate of George Karl, Angelo Pesavento, Edward J. Siwek in Support of Their Motion for a New Trial (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Hale, Andrew)
February 21, 2023 Opinion or Order Filing 714 MINUTE entry before the Honorable Steven C. Seeger: Defendants' two motions for extra pages (Dckt. Nos. #708 , #711 ) are hereby granted. Mailed notice. (jjr, )
February 17, 2023 Opinion or Order Filing 713 MOTION by Defendants James Oliver, Angelo Pesavento to quash citations to discover assets (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Bazarek, William)
February 15, 2023 Opinion or Order Filing 712 CITATION to Discover Assets issued as to Berkley. (Third Party). (No notice filed). (jn, )
February 8, 2023 Opinion or Order Filing 711 MOTION by Defendants James Oliver, Personal Representative of the Estate of George Karl, Angelo Pesavento, Edward J. Siwek for leave to file excess pages of Their Joint Reply in Support of Their Rule 59 Motion for a New Trial (Amended) (Attachments: #1 Exhibit 1)(Boudreaux, Barrett)
February 8, 2023 Opinion or Order Filing 710 REPLY by Defendants James Oliver, Personal Representative of the Estate of George Karl, Angelo Pesavento, Edward J. Siwek in Support of Their Joint Rule 50(b) Renewed Motion for Judgment as a Matter of Law (Attachments: #1 Exhibit A, #2 Exhibit B)(Boudreaux, Barrett)
February 8, 2023 Opinion or Order Filing 709 REPLY by Defendants James Oliver, Angelo Pesavento in Support of Their Rule 59(e) Motion for Remittitur of Punitive Damages (Boudreaux, Barrett)
February 7, 2023 Opinion or Order Filing 708 MOTION by Defendants James Oliver, Personal Representative of the Estate of George Karl, Angelo Pesavento, Edward Siwek for leave to file excess pages for Defendants' Joint Reply in Support of their Rule 59 Motion for a New Trial (Unopposed) (Boudreaux, Barrett)
January 26, 2023 Opinion or Order Filing 707 MINUTE entry before the Honorable Steven C. Seeger: Defendants' motion for an extension of time (Dckt. No. #706 ) is hereby granted. As requested, the reply briefs are due by February 8, 2023. Mailed notice (jjr, )
January 24, 2023 Opinion or Order Filing 706 MOTION by Defendants George Karl, James Oliver, Angelo Pesavento, Edward Siwek for extension of time to file response/reply (UNOPPOSED) (Stefanich, Brian)
January 17, 2023 Opinion or Order Filing 705 STIPULATION and Joint Statement Regarding Fees and Costs (Litoff, Eli)
January 3, 2023 Opinion or Order Filing 704 MINUTE entry before the Honorable Steven C. Seeger: The joint motion for extension of time to file fee petition and bill of costs (Dckt. No. #701 ) is hereby granted. As proposed, the Court grants a two-week extension. Plaintiff's fee petition and bill of costs is due by January 20, 2023. Mailed notice (jjr, )
January 3, 2023 Opinion or Order Filing 703 MINUTE entry before the Honorable Steven C. Seeger: The motion for leave to withdraw appearance of Sandra L. Musumeci (Dckt. No. #702 ) is granted. Attorney Sandra Lynn Musumeci is terminated as counsel of record. Mailed notice. (jjr, )
December 29, 2022 Opinion or Order Filing 702 MOTION by Attorney Sandra Musumeci to withdraw as attorney for Eddie L. Bolden. No party information provided (Musumeci, Sandra)
December 29, 2022 Opinion or Order Filing 701 MOTION by Plaintiff Eddie L. Bolden for extension of time to file fee petition and bill of costs (Joint Motion) (Litoff, Eli)
December 21, 2022 Opinion or Order Filing 700 RESPONSE by Eddie L. Boldenin Opposition to MOTION by Defendants James Oliver, Personal Representative of the Estate of George Karl, Angelo Pesavento, Edward J. Siwek for new trial #683 (Attachments: #1 Exhibit - A, #2 Exhibit - B)(Litoff, Eli)
December 21, 2022 Opinion or Order Filing 699 RESPONSE by Plaintiff Eddie L. Bolden to motion for miscellaneous relief #682 Plaintiff's Response to Defendants' 59(e) Motion for Remittitur of Punitive Damages (Attachments: #1 Exhibit A, #2 Exhibit B)(Kolesa, Blake)
December 21, 2022 Opinion or Order Filing 698 RESPONSE by Plaintiff Eddie L. Bolden to motion for judgment #681 Plaintiff's Response to Defendants' 50(b) Renewed Motion for Judgment as a Matter of Law (Attachments: #1 Exhibit A)(Kolesa, Blake)
December 20, 2022 Opinion or Order Filing 697 MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's motion for excess pages (Dckt. No. #696 ) is hereby granted. Mailed notice. (jjr, )
December 19, 2022 Opinion or Order Filing 696 MOTION by Plaintiff Eddie L. Bolden for leave to file excess pages (Unopposed) (Litoff, Eli)
December 2, 2022 Opinion or Order Filing 695 REPLY by Plaintiff Eddie L. Bolden to motion to alter judgment #680 (Attachments: #1 Exhibit 1)(Litoff, Eli)
November 18, 2022 Opinion or Order Filing 694 RESPONSE by City of Chicago to MOTION by Plaintiff Eddie L. Bolden to alter judgment - Motion for Prejudgment Interest #680 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Flynn, Kyle)
November 11, 2022 Opinion or Order Filing 693 ATTORNEY Appearance for Plaintiff Eddie L. Bolden by Blake James Kolesa (Kolesa, Blake)
November 9, 2022 Opinion or Order Filing 692 MINUTE entry before the Honorable Steven C. Seeger: In-person hearing held on November 9, 2022. The Court discussed the lay of the land. The Court previously set a briefing schedule on Plaintiff's Motion for Prejudgment Interest. (Dckt. No. #680 ) at (Dckt. No. #685 ). As discussed at the hearing, the Court sets the following briefing schedule on Defendants' three pending motions, meaning (1) Defendants' Joint Rule 50(b) Renewed Motion for Judgment as a Matter of Law (Dckt. No. #681 ), (2) Defendants' Rule 59(e) Motion for Remittitur of Punitive Damages (Dckt. No. #682 ), and (3) Defendants' Motion for a New Trial (Dckt. No. #683 ). Plaintiff's response is due by December 21, 2022. Defendants' reply is due February 1, 2023. For the reasons explained at the hearing, Plaintiff's response to Defendants' Motion for a New Trial (Dckt. No. #683 ) should be limited to Section I. The Court will take the rest of that motion under advisement, and will require a response through separate order if the Court deems it necessary. If Defendants believe that Sections II - IV of that motion contain any new arguments (meaning something that this Court has not already ruled upon, or something that involves new precedent), then this Court invites Defendants to file a short statement and flag it by the end of next week. Plaintiff's unopposed request to extend the time to file their fee petition to January 6, 2023 is granted. Mailed notice. (pk, )
November 4, 2022 Opinion or Order Filing 690 MINUTE entry before the Honorable Steven C. Seeger: Defendant City of Chicago's unopposed motion for continuance of in-person hearing (Dckt. No. #689 ) is granted. The in-person hearing set for November 4, 2022 at 2:00 p.m. is stricken and reset for November 9, 2022 at 1:30 p.m. Mailed notice. (jjr, )
November 3, 2022 Opinion or Order Filing 689 MOTION by Defendant City of Chicago to continue - Unopposed Motion for Continuance of In-Person Hearing (Flynn, Kyle)
November 2, 2022 Opinion or Order Filing 688 MINUTE entry before the Honorable Steven C. Seeger: The Court sets an in-person hearing for November 4, 2022 at 2:00 p.m. in Courtroom 2319. Mailed notice. (jjr, )
November 1, 2022 Opinion or Order Filing 686 DIGITAL EXHIBIT submitted by James Oliver, Angelo Pesavento, Edward J. Siwek regarding #684 For more information, please visit https://www.ilnd.uscourts.gov/ExhibitDrop. If you wish to download a digital exhibit, please send your request to the Certified Copy Desk (CCD) inbox at CCD_ILND@ilnd.uscourts.gov. You will be provided with an invoice and charged according to the Fee Schedule. Once your payment has been processed, you will receive a URL via email to download the exhibit. (lm, )
October 31, 2022 Opinion or Order Filing 685 MINUTE entry before the Honorable Steven C. Seeger: This Court amends its prior minute order dated October 28, 2022 (Dckt. No. #679 ) as follows. Plaintiff's Bill of Costs is due by January 6, 2023, not December 30, 2022. The new deadline is more in keeping with the holiday spirit. Defendants' response to the Bill of Costs is due by January 20, 2023. Plaintiff's reply is due by January 27, 2023. The Court reviewed Plaintiff's motion for prejudgment interest. (Dckt. No. #680 ) Defendants' response is due by November 18, 2022. The reply is due by December 2, 2022. Mailed notice (jjr, ) (Docket Text Modified on 11/1/2022) (jjr, ).
October 28, 2022 Opinion or Order Filing 684 SUPPLEMENT to motion for new trial #683 Exhibits A-K (Attachments: #1 Exhibit B, #2 Exhibit C, #3 Exhibit D, #4 Exhibit E, #5 Exhibit F, #6 Exhibit G, #7 Exhibit H, #8 Exhibit I, #9 Exhibit J, #10 Exhibit K)(Boudreaux, Barrett)
October 28, 2022 Opinion or Order Filing 683 MOTION by Defendants James Oliver, Personal Representative of the Estate of George Karl, Angelo Pesavento, Edward J. Siwek for new trial (Boudreaux, Barrett)
October 28, 2022 Opinion or Order Filing 682 MOTION by Defendants James Oliver, Angelo Pesavento Rule 59(e) Motion for Remittitur of Punitive Damages (Boudreaux, Barrett)
October 28, 2022 Opinion or Order Filing 681 MOTION by Defendants George Karl, James Oliver, Angelo Pesavento, Edward J. Siwek for judgment Defendants' Joint Rule 50(b) Renewed Motion for Judgment as a Matter of Law (Stefanich, Brian)
October 28, 2022 Opinion or Order Filing 680 MOTION by Plaintiff Eddie L. Bolden to alter judgment - Motion for Prejudgment Interest (Attachments: #1 Exhibit - A, #2 Exhibit - B, #3 Exhibit - C, #4 Exhibit - D, #5 Exhibit - E)(Litoff, Eli)
October 28, 2022 Opinion or Order Filing 679 MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's unopposed motion for an extension of time to file Bill of Costs (Dckt. No. #676 ) is hereby granted. Plaintiff has until December 30, 2022 to file his Bill of Costs. The Court also grants defendants' motions to exceed the page limit (Dckt. No. #677 and #678 ). Mailed notice. (jjr, )
October 27, 2022 Opinion or Order Filing 678 MOTION by Defendants James Oliver, Personal Representative of the Estate of George Karl, Angelo Pesavento, Edward J. Siwek for leave to file Excess Pages in Support of their Rule 50(b) Motion (Hale, Andrew)
October 27, 2022 Opinion or Order Filing 677 MOTION by Defendants James Oliver, Angelo Pesavento, Edward J. Siwek for leave to file excess pages in Support of their Motion for New Trial (Partially Agreed) (Boudreaux, Barrett)
October 26, 2022 Opinion or Order Filing 676 MOTION by Plaintiff Eddie L. Bolden for extension of time to file Bill of Costs (Unopposed Motion) (Litoff, Eli)
September 30, 2022 Opinion or Order Filing 675 ENTERED JUDGMENT on 9/30/2022. Mailed notice. (jjr, )
September 30, 2022 Opinion or Order Filing 674 MINUTE entry before the Honorable Steven C. Seeger: On August 25, 2022, this Court denied Defendants' motion for judgment as a matter of law (Dckt. No. #671 ), and directed the parties to address how to handle the remaining claims, meaning the claims not covered at the trial. (Dckt. No. #672 ) In response, the parties agreed that judgment should be entered in favor of Plaintiff and against the City of Chicago on Count IX (respondeat superior) and Count X (indemnification). (Dckt. No. #673 ) Plaintiff also moved to voluntarily dismiss the Monell claim (Count IV). Count IV is hereby dismissed. In the joint submission, Defendants quite correctly pointed out that this Court cited the wrong provision of Rule 50 when it denied Defendants' motion for judgment as a matter of law on August 25, 2022. See 8/25/22 Mem. Opin. & Order, at 8 (Dckt. No. 671) (citing Rule 50(b)). Defendants orally moved for judgment as a matter of law at the close of Plaintiffs' case, and then orally renewed that motion shortly before closing arguments. See Defs.' Mem. in Support of their Mtn. for Directed Verdict (Dckt. No. 587) (supporting Defendants' oral motion for judgment as a matter of law, and invoking Rule 50(a), not Rule 50(b)); 10/27/21 Tr., at 3979 (Dckt. No. 656) (reflecting the oral renewed motion for judgment as a matter of law, shortly before closing arguments). The oral motion came before the case went to the jury, so it was a motion under Rule 50(a), not Rule 50(b). See Fed. R. Civ. P. 50(a)(2) (allowing a motion for judgment as a matter of law "at any time before the case is submitted to the jury"). This Court then allowed the parties to brief that motion in the months that followed. But that generous briefing schedule did not change the essential character of the motion. It was a pre-jury-deliberation motion, not a post-verdict motion, so it was a motion under Rule 50(a), not Rule 50(b). The motion could not have been a motion under Rule 50(b), because a motion under Rule 50(b) comes after, not before, a jury verdict. Holding onto a Rule 50(a) motion, and keeping it in the Court's back pocket until the jury returns a verdict, does not convert it to a Rule 50(b) motion. It is still a pre-verdict motion. See Unitherm Food Sys., Inc. v. Swift-Eckrich, Inc., 546 U.S. 394, 399-400 (2006) ("Federal Rule of Civil Procedure 50 sets forth the procedural requirements for challenging the sufficiency of the evidence in a civil jury trial and establishes two stages for such challenges - prior to submission of the case to the jury, and after the verdict and entry of judgment. Rule 50(a) allows a party to challenge the sufficiency of the evidence prior to submission of the case to the jury, and authorizes the district court to grant such motions at the court's discretion.... Rule 50(b), by contrast, sets forth the procedural requirements for renewing a sufficiency of the evidence challenge after the jury verdict and entry of judgment."); 9B Charles Alan Wright et al., Federal Practice and Procedure 2537 (3d ed. 2022) ("Either party may make a renewed motion for judgment as a matter of law during the trial, which technically is a Rule 50(a) motion, or after trial, which will be made under Rule 50(b).") (emphasis added); see also id. 2521 ("Rule 50(a) provides for a motion for judgment as a matter of law, a motion that may be made at any time before submission of the case to the jury."); Holder v. Illinois Dep't of Corr., 751 F.3d 486, 491-92 (7th Cir. 2014). The Court acknowledges the error and regrets creating any confusion. (This Court wants to get things right, so the Court genuinely appreciates the correction.) The bottom line is that Defendants moved for judgment as a matter of law under Rule 50(a), not 50(b), and this Court's errant citation does not change that basic reality. The substantive standard under Rule 50(a) is the same as the standard under Rule 50(b). See 9B Charles Alan Wright et al., Federal Practice and Procedure 2524 (3d ed. 2022) ("It equally is settled by a myriad of judicial decisions that the standard in passing on that question is the same whether it arises in the procedural context of a motion for judgment as a matter of law prior to the submission of the case to the jury under Rule 50(a) or in the context of a renewed motion for judgment as a matter of law after the jury has returned a verdict under Rule 50(b)."); Baugh v. Cuprum S.A. De C.V., 2015 WL 9304338, at *2 n.2 (N.D. Ill. 2015) ("The same standard governs both types of Rule 50 motions."). Either way, the question is the sufficiency of the evidence. The substantive outcome does not change. The result is the same. The Court hereby amends its prior order as follows. This Court denies Defendants' motion for judgment as a matter of law under Rule 50(a). Judgment Order to follow. The case is closed. Civil case terminated. Mailed notice. (jjr, )
September 2, 2022 Opinion or Order Filing 673 Joint STATEMENT by Eddie L. Bolden Regarding Remaining Claims (Litoff, Eli)
August 25, 2022 Opinion or Order Filing 672 MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's complaint contains ten counts. See Fourth Am. Cplt. (Dckt. No. #391 ). On October 29, 2021, a jury returned a verdict for Plaintiff and against Defendants Pesavento, Oliver, and the estates of Karl and Siwek on seven of those counts. Specifically, the jury found in favor of Bolden and against all four Defendant Officers on Counts I, II, III, V, VI, VII, and VIII. See 10/29/21 Order (Dckt. No. #615 ). The Court has denied Defendants' motion for judgment as a matter of law on those claims. See 8/25/22 Mem. Opin. and Order (Dckt. No. #671 ). But three counts remain, all against the City of Chicago: (1) a Monell claim (Count IV); (2) respondeat superior (Count IX); and (3) indemnification (Count X). Judge Shah, this Court's predecessor, previously bifurcated and stayed the Monell claim while the claims against individual Defendants went forward. See 7/19/18 Order (Dckt. No. #213 ). The parties must meet and confer, and must file a statement by September 2, 2022 about how they plan to proceed on the remaining claims. Mailed notice. (jjr, )
August 25, 2022 Opinion or Order Filing 671 MEMORANDUM Opinion and Order Signed by the Honorable Steven C. Seeger on 8/25/2022. Mailed notice. (jjr, )
August 25, 2022 Opinion or Order Filing 670 MINUTE entry before the Honorable Steven C. Seeger: Defendants' oral motion and renewed motion for judgment as a matter of law (Dckt. No. #587 ) is hereby denied. Memorandum Opinion and Order to follow. The notice requesting a ruling (Dckt. No. #667 ) is denied as moot (to the extent that it was a motion at all). Mailed notice. (jjr, ) (Docket Text Modified on 8/29/2022) (jjr, ).
July 29, 2022 Opinion or Order Filing 669 MINUTE entry before the Honorable Steven C. Seeger: The motion for leave to withdraw as attorney (Dckt. No. #668 ) is granted. Attorney Valerie Brummel is terminated as counsel of record. Mailed notice. (jjr, )
July 29, 2022 Opinion or Order Filing 668 MOTION by Attorney Valerie Brummel to withdraw as attorney for Eddie L. Bolden. No party information provided (Brummel, Valerie)
May 24, 2022 Opinion or Order Filing 667 NOTICE by Eddie L. Bolden re Response #661 , memorandum #587 , reply #666 Local Rule 78.5 Request for Decision (Brummel, Valerie)
January 21, 2022 Opinion or Order Filing 666 REPLY by Defendants James Oliver, Personal Representative of the Estate of George Karl, Angelo Pesavento, Edward J. Siwek, Edward Siwek in Support of Their Rule 50(a) Motion for Directed Verdict (Hijjawi, Amy)
January 18, 2022 Opinion or Order Filing 665 MINUTE entry before the Honorable Steven C. Seeger: The agreed motion for an extension of time (Dckt. No. #664 ) is hereby granted. As requested, the reply is due on January 21. Mailed notice. (jjr, )
January 17, 2022 Opinion or Order Filing 664 MOTION by Defendants James Oliver, Angelo Pesavento, Edward J. Siwek, Edward Siwek for extension of time to file response/reply and Memorandum in Support of their Motion for Summary Judgment (Agreed) (Boudreaux, Barrett)
January 6, 2022 Opinion or Order Filing 663 MINUTE entry before the Honorable Steven C. Seeger: The Court grants the agreed motion for extension of time (Dckt. No. #662 ). As requested, defendants' reply deadline is extended to January 17, 2022. Mailed notice. (jjr, )
January 5, 2022 Opinion or Order Filing 662 MOTION by Defendants James Oliver, Angelo Pesavento, Edward J. Siwek, Edward Siwek for extension of time to File Reply to their Motion for Summary Judgment as a Matter of Law (Boudreaux, Barrett)
November 30, 2021 Opinion or Order Filing 661 RESPONSE by Plaintiff Eddie L. Bolden to memorandum #587 Plaintiff's Opposition to Defendant Officers' Motion for Directed Verdict (Brummel, Valerie)
November 22, 2021 Opinion or Order Filing 660 MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's motion for extra pages (Dckt. No. #659 ) is hereby granted. Defendants can have extra pages, too. The parties can have the pages that they need to cover the issues. But be merciful. Mailed notice. (jjr, )
November 19, 2021 Opinion or Order Filing 659 MOTION by Plaintiff Eddie L. Bolden for leave to file excess pages (for an additional 5-page extension of Opposition to Defendant Officers' Motion for Directed Verdict) (Brummel, Valerie)
November 16, 2021 Opinion or Order Filing 658 TRANSCRIPT OF PROCEEDINGS held on 10/29/2021 - Volume 15 - Pages 4138-4155, before the Honorable Steven C. Seeger. Court Reporter Contact Information: Amy Spee, amyofficialtranscripts@gmail.com.
November 16, 2021 Opinion or Order Filing 657 TRANSCRIPT OF PROCEEDINGS held on 10/27/2021 - Volume 14B - Pages 4090-4137, before the Honorable Steven C. Seeger. Court Reporter Contact Information: Amy Spee, amyofficialtranscripts@gmail.com.
November 16, 2021 Opinion or Order Filing 656 TRANSCRIPT OF PROCEEDINGS held on 10/27/2021 - Volume 14A - Pages 3958-4089, before the Honorable Steven C. Seeger. Court Reporter Contact Information: Amy Spee, amyofficialtranscripts@gmail.com.
November 16, 2021 Opinion or Order Filing 655 TRANSCRIPT OF PROCEEDINGS held on 10/26/2021 - Volume 13B - Pages 3716-3957, before the Honorable Steven C. Seeger. Court Reporter Contact Information: Amy Spee, amyofficialtranscripts@gmail.com.
November 16, 2021 Opinion or Order Filing 654 TRANSCRIPT OF PROCEEDINGS held on 10/26/2021 - Volume 13A - Pages 3571-3715, before the Honorable Steven C. Seeger. Court Reporter Contact Information: Amy Spee, amyofficialtranscripts@gmail.com.
November 16, 2021 Opinion or Order Filing 653 TRANSCRIPT OF PROCEEDINGS held on 10/25/2021 - Volume 12B - Pages 3361-3570, before the Honorable Steven C. Seeger. Court Reporter Contact Information: Amy Spee, amyofficialtranscripts@gmail.com.
November 16, 2021 Opinion or Order Filing 652 TRANSCRIPT OF PROCEEDINGS held on 10/25/2021 - Volume 12A - Pages 3228-3360, before the Honorable Steven C. Seeger. Court Reporter Contact Information: Amy Spee, amyofficialtranscripts@gmail.com.
November 16, 2021 Opinion or Order Filing 651 TRANSCRIPT OF PROCEEDINGS held on 10/22/2021 - Volume 11B - Pages 3138-3227, before the Honorable Steven C. Seeger. Court Reporter Contact Information: Amy Spee, amyofficialtranscripts@gmail.com.
November 16, 2021 Opinion or Order Filing 650 TRANSCRIPT OF PROCEEDINGS held on 10/22/2021 - Volume 11A - Pages 2996-3137, before the Honorable Steven C. Seeger. Court Reporter Contact Information: Amy Spee, amyofficialtranscripts@gmail.com.
November 16, 2021 Opinion or Order Filing 649 TRANSCRIPT OF PROCEEDINGS held on 10/20/2021 - Volume 9B - Pages 2486-2675, before the Honorable Steven C. Seeger. Court Reporter Contact Information: Amy Spee, amyofficialtranscripts@gmail.com.
November 16, 2021 Opinion or Order Filing 648 TRANSCRIPT OF PROCEEDINGS held on 10/20/2021 - Volume 9A - Pages 2354-2485, before the Honorable Steven C. Seeger. Court Reporter Contact Information: Amy Spee, amyofficialtranscripts@gmail.com.
November 16, 2021 Opinion or Order Filing 647 TRANSCRIPT OF PROCEEDINGS held on 10/21/2021 - Volume 10B - Pages 2809-2995, before the Honorable Steven C. Seeger. Court Reporter Contact Information: Amy Spee, amyofficialtranscripts@gmail.com.
November 16, 2021 Opinion or Order Filing 646 TRANSCRIPT OF PROCEEDINGS held on 10/21/2021 - Volume 10A - Pages 2676-2808, before the Honorable Steven C. Seeger. Court Reporter Contact Information: Amy Spee, amyofficialtranscripts@gmail.com.
November 16, 2021 Opinion or Order Filing 645 TRANSCRIPT OF PROCEEDINGS held on 10/19/2021 - Volume 8B - Pages 2160-2353, before the Honorable Steven C. Seeger. Court Reporter Contact Information: Amy Spee, amyofficialtranscripts@gmail.com.
November 16, 2021 Opinion or Order Filing 644 TRANSCRIPT OF PROCEEDINGS held on 10/19/2021 - Volume 8A - Pages 2031-2159, before the Honorable Steven C. Seeger. Court Reporter Contact Information: Amy Spee, amyofficialtranscripts@gmail.com.
November 16, 2021 Opinion or Order Filing 643 TRANSCRIPT OF PROCEEDINGS held on 10/18/2021 - Volume 7B - Pages 1877-2030, before the Honorable Steven C. Seeger. Court Reporter Contact Information: Amy Spee, amyofficialtranscripts@gmail.com.
November 16, 2021 Opinion or Order Filing 642 TRANSCRIPT OF PROCEEDINGS held on 10/18/2021 - Volume 7A - Pages 1766-1876, before the Honorable Steven C. Seeger. Court Reporter Contact Information: Amy Spee, amyofficialtranscripts@gmail.com.
November 16, 2021 Opinion or Order Filing 641 TRANSCRIPT OF PROCEEDINGS held on 10/15/2021 - Volume 6B - Pages 1564-1765, before the Honorable Steven C. Seeger. Court Reporter Contact Information: Amy Spee, amyofficialtranscripts@gmail.com.
November 16, 2021 Opinion or Order Filing 640 TRANSCRIPT OF PROCEEDINGS held on 10/15/2021 - Volume 6A - Pages 1438-1563, before the Honorable Steven C. Seeger. Court Reporter Contact Information: Amy Spee, amyofficialtranscripts@gmail.com.
November 16, 2021 Opinion or Order Filing 639 TRANSCRIPT OF PROCEEDINGS held on 10/14/2021 - Volume 5B - Pages 1261-1437, before the Honorable Steven C. Seeger. Court Reporter Contact Information: Amy Spee, amyofficialtranscripts@gmail.com.
November 16, 2021 Opinion or Order Filing 638 TRANSCRIPT OF PROCEEDINGS held on 10/14/2021 - Volume 5A - pages 1135-1260, before the Honorable Steven C. Seeger. Court Reporter Contact Information: Amy Spee, amyofficialtranscripts@gmail.com.
November 16, 2021 Opinion or Order Filing 637 TRANSCRIPT OF PROCEEDINGS held on 10/13/2021 - Volume 4B - Pages 968-1134, before the Honorable Steven C. Seeger. Court Reporter Contact Information: Amy Spee, amyofficialtranscripts@gmail.com.
November 16, 2021 Opinion or Order Filing 636 TRANSCRIPT OF PROCEEDINGS held on 10/13/2021 - Volume 4A - Pages 796-967, before the Honorable Steven C. Seeger. Court Reporter Contact Information: Amy Spee, amyofficialtranscripts@gmail.com.
November 16, 2021 Opinion or Order Filing 635 TRANSCRIPT OF PROCEEDINGS held on 10/12/21 - Volume 3B - Pages 665-795, before the Honorable Steven C. Seeger. Court Reporter Contact Information: Amy Spee, amyofficialtranscripts@gmail.com.
November 16, 2021 Opinion or Order Filing 634 TRANSCRIPT OF PROCEEDINGS held on 10/12/21 - Volume 3A - Pages 530-664, before the Honorable Steven C. Seeger. Court Reporter Contact Information: Amy Spee, amyofficialtranscripts@gmail.com.
November 16, 2021 Opinion or Order Filing 633 TRANSCRIPT OF PROCEEDINGS held on 10/08/2021 - Volume 2B - Pages 438-529, before the Honorable Steven C. Seeger. Court Reporter Contact Information: Amy Spee, amyofficialtranscripts@gmail.com.
November 16, 2021 Opinion or Order Filing 632 TRANSCRIPT OF PROCEEDINGS held on 10/08/2021 - Volume 2A - Pages 306-437, before the Honorable Steven C. Seeger. Court Reporter Contact Information: Amy Spee, amyofficialtranscripts@gmail.com.
November 16, 2021 Opinion or Order Filing 631 ENTERED in Error. (Spee, Amy) (Docket Text Modified on 11/16/2021) (jjr, ).
November 16, 2021 Opinion or Order Filing 630 TRANSCRIPT OF PROCEEDINGS held on 10/7/2021 - Volume 1B - Pages 126-305, before the Honorable Steven C. Seeger. Court Reporter Contact Information: Amy Spee, amyofficialtranscripts@gmail.com.
November 16, 2021 Opinion or Order Filing 629 TRANSCRIPT OF PROCEEDINGS held on 10/07/2021 - Volume 1A - Pages 1-125, before the Honorable Steven C. Seeger. Court Reporter Contact Information: Amy Spee, amyofficialtranscripts@gmail.com.
November 16, 2021 Opinion or Order Filing 628 TRANSCRIPT OF PROCEEDINGS held on 10/06/2021 - Pretrial Conference, before the Honorable Steven C. Seeger. Court Reporter Contact Information: Amy Spee, amyofficialtranscripts@gmail.com.
November 16, 2021 Opinion or Order Filing 627 TRANSCRIPT OF PROCEEDINGS held on 10/04/2021 - Pretrial Conference, before the Honorable Steven C. Seeger. Court Reporter Contact Information: Amy Spee, amyofficialtranscripts@gmail.com.
November 16, 2021 Opinion or Order Filing 626 TRANSCRIPT OF PROCEEDINGS held on 9/22/2021 - Pretrial Conference, before the Honorable Steven C. Seeger. Court Reporter Contact Information: Amy Spee, amyofficialtranscripts@gmail.com.
November 2, 2021 Opinion or Order Filing 620 MINUTE entry before the Honorable Steven C. Seeger: Draft jury instructions from the Court as circulated by the Courtroom Deputy by email on October 27, 2021 at 8:40 a.m. Mailed notice. (Attachments: #1 Draft Jury Instructions 10-27-21) (jjr, )
November 2, 2021 Opinion or Order Filing 619 MINUTE entry before the Honorable Steven C. Seeger: Draft jury instructions from the Court as circulated by the Courtroom Deputy by email on October 26, 2021 at 9:28 p.m. Mailed notice. (Attachments: #1 Draft Jury Instructions 10-26-21) (jjr, )
November 2, 2021 Opinion or Order Filing 618 MINUTE entry before the Honorable Steven C. Seeger: Draft jury instructions from the Court as circulated by the Courtroom Deputy by email on October 25, 2021 at 10:07 a.m. Mailed notice. (Attachments: #1 Draft Jury Instructions 10-25-21) (jjr, )
November 2, 2021 Opinion or Order Filing 617 MINUTE entry before the Honorable Steven C. Seeger: Draft jury instructions from the Court as circulated by the Courtroom Deputy by email on October 22, 2021 at 8:16 a.m. Mailed notice. (Attachments: #1 Draft Jury Instructions 10-22-21) (jjr, )
October 29, 2021 Opinion or Order Filing 625 JURY Note (jjr, )
October 29, 2021 Opinion or Order Filing 621 JURY Verdict Form (Mailed Notice) (RESTRICTED) (jjr, )
October 29, 2021 Opinion or Order Filing 616 MINUTE entry before the Honorable Steven C. Seeger: At the close of Plaintiff's case on October 25, 2021, Defendants orally moved for directed verdict. With the Court's permission, Defendants filed a supporting brief on October 26, 2021. (Dckt. No. #587 ) Defendants renewed their oral motion for directed verdict on October 27, 2021. Plaintiff's response is due on November 30, 2021. (Four weeks from the day of the verdict is the day after Thanksgiving, so the Court added two business days). Defendants' reply is due on January 7, 2022. Mailed notice. (jjr, )
October 29, 2021 Opinion or Order Filing 615 MINUTE entry before the Honorable Steven C. Seeger: The jury returned a verdict after completing deliberations at 10:30 a.m. The Court assembled the parties and counsel, received the verdict, and read it into the record. On Count I (due process), the jury returned a verdict in favor of Plaintiff and against all Defendants. On Count II (pretrial detention without probable cause), the jury returned a verdict in favor of Plaintiff and against all Defendants. On Count III (failure to intervene), the jury returned a verdict in favor of Plaintiff and against all Defendants. On Count IV (conspiracy to violate constitutional rights), the jury returned a verdict in favor of Plaintiff and against all Defendants. On Count V (malicious prosecution), the jury returned a verdict in favor of Plaintiff and against all Defendants. On Count VI (intentional infliction of emotional distress), the jury returned a verdict in favor of Plaintiff and against all Defendants. On Count VII (civil conspiracy), the jury returned a verdict in favor of Plaintiff and against all Defendants. The jury awarded Plaintiff Bolden compensatory damages in the amount of $25,000,000. The jury awarded Plaintiff Bolden punitive damages against Defendant Pesavento in the amount of $100,000. The jury awarded Plaintiff Bolden punitive damages against Defendant Oliver in the amount of $100,000. The Court polled the jury. The Court confirmed unanimity, accepted the verdict, and discharged the jury. Mailed notice. (jjr, )
October 29, 2021 Opinion or Order Filing 614 MINUTE entry before the Honorable Steven C. Seeger: The Court received a note from a juror confirming that the jury has reached a verdict. Counsel and the parties must convene in Judge Seeger's courtroom on the 23rd floor. Counsel and the parties should appear in the courtroom no later than noon, if not before. Mailed notice. (jjr, )
October 29, 2021 Opinion or Order Filing 613 MINUTE entry before the Honorable Steven C. Seeger: The jury will resume deliberations at 9:30 this morning in room 1023. The room is fully equipped with all of the admitted exhibits (through the JERS system). The Court will keep the parties posted. Mailed notice. (jjr, )
October 28, 2021 Opinion or Order Filing 624 JURY Notes (jjr, )
October 28, 2021 Opinion or Order Filing 612 MINUTE entry before the Honorable Steven C. Seeger: Defendant Officers' motion to allow Cynthia Steward to testify about Irving Clayton's statements of Plaintiff's involvement in the narcotics operations of Anthony Williams (Dckt. No. #571 ) is hereby denied, for the reasons stated on the record on October 26, 2021. Defendants sought to offer Steward to testify about an out-of-court statement by Irving Clayton, who is deceased. In her deposition, Steward basically testified that she heard Clayton say that Bolden would accept receipt of drugs if Anthony Williams wasn't there. See Steward Dep., at 60 (Dckt. No. [571-2]). That out-of-court statement is hearsay if it is offered for its truth. Here, the statement is hearsay because Defendants want to offer it to show that Bolden really did deal drugs, so the statement is offered for its truth. Clayton is unavailable (because he is deceased), but the statement against interest exception does not apply. See Fed. R. Evid. 804(b)(3)(A) ("Statement Against Interest. A statement that: (A) a reasonable person in the declarant's position would have made only if the person believed it to be true because, when made, it was so contrary to the declarant's proprietary or pecuniary interest or had so great a tendency to invalidate the declarant's claim against someone else or to expose the declarant to civil or criminal liability...."). The exception for statements against interest exists for a simple reason. People are self interested, and most of us do not lightly say things against our self interest. So, if a person makes a statement against his or her own interest, it has a special indicia of reliability. An out-of-court statement by Person A about Person A is probably true if the statement was against his or her own interest. But that rationale does not apply to a statement about others. An out-of-court statement by Person A about Person B has no special indicia of reliability. (It's human nature to speak ill of others. But against one's own self? Not so much.) So, imagine if Schemp sued Curly. And then imagine that Curly wanted to call Moe to testify that (unavailable) Larry made an out-of-court statement that he broke a vase with Schemp. Larry's statement that "I broke a vase with Schemp" is a statement against Larry's interest, up to a point. The first part of Larry's sentence ("I broke a vase") is Larry's statement against Larry, and thus falls within the exception. But the latter half of the sentence ("with Schemp") is a statement about Schemp's conduct, not Larry's conduct. So Larry's out-of-court statement about Schemp's conduct is not a statement against Larry's interest, and thus to that extent does not fall within the exception. See Carson v. Peters, 42 F.3d 384, 386 (7th Cir. 1994) ("Portions of inculpatory statements that pose no risk to the declarants are not particularly reliable; they are just garden variety hearsay."). Here, Clayton's statement could fall within the exception to the extent that Clayton was making a statement against Clayton's own interest. But Defendants want to offer Clayton's statement as a statement against Bolden's interest. That is, Defendants want Steward to testify about Clayton's out-of-court statement to show that Bolden acted in a bad way, not to show that Clayton made a statement that was against Clayton's interests. (By way of illustration, if Clayton had simply said "I deal drugs," Defendants presumably wouldn't want to offer that into evidence.) The punchline is that the out-of-court statement by Clayton would fall within the exception to the extent it was Clayton's statement against Clayton's interest, but not Clayton's statement against Bolden's interest. (Why else would they offer it, except to offer a statement against Bolden? Clayton isn't here.) So, Clayton's out-of-court statement does not fall within the exception to the extent that it is against Bolden's interest, not Clayton's interest. Regardless, the statement is inadmissible for other reasons, too. First, to the extent Defendants wanted to introduce the evidence of past drug dealing to suggest Plaintiff was dealing drugs on the night in question, the statement is inadmissible propensity evidence under Rule 404(b)(1). Second, the statement has low probative value, too. The alleged drug dealing did not involve the two-kilo drug deal on the night in question. Third, any slight value is substantially outweighed by the risk of undue prejudice under Rule 403, as this Court already explained in its ruling on Plaintiff's motion in limine no. 5 (Dckt. No. #467 ). At trial, this Court allowed Defendants to ask questions and present evidence about whether Bolden participated in the drug deal in question (i.e., involving the two kilos of cocaine on the day of the double murder), but not evidence of any other drug dealing. The motion is denied for the reasons more fully stated on the record during trial. Mailed notice. (jjr, )
October 28, 2021 Opinion or Order Filing 611 MINUTE entry before the Honorable Steven C. Seeger: Plaintiff Bolden's motion to clarify the Court's ruling on the motion in limine to exclude FBI documents and reports (Dckt. No. #570 ), and Plaintiff's renewed motion in limine to preclude Defendants from introducing FBI documents and reports (Dckt. No. #582 ), are hereby granted as follows. During the hearing on October 25, 2021, this Court directed Defendants to make a proffer about the anticipated testimony of FBI agent Tipton. The Court did so after the parties had repeatedly briefed and discussed the admissibility of the FBI testimony and documents, and after this Court had addressed the issue in a prior order. See 10/6/21 Order (Dckt. No. #489 ). The Court wanted to give Defendants a final chance to address the issue, and give a preview about how they could lay the necessary foundation. Defendants filed certain documents in response to that directive on the evening of October 25, 2021. (Dckt. No. #580 ) On October 26, 2021, this Court and counsel questioned agent Tipton outside the presence of the jury. In response to that testimony, this Court substantially excluded his testimony for the reasons stated on the record. He lacked personal knowledge about the information provided by the (unknown) informant to the FBI, and he did not personally convey any of that information to any of the Defendant officers at the Chicago Police Department. He had no personal knowledge about whether anyone else at the FBI conveyed information about the informant's tip to the Chicago Police Department or the Defendant officers. In short, he had no personal knowledge about the issue at hand, because he did not communicate with the source or (more importantly) with the Defendants. Information gathered by the FBI is not relevant to the issues in this case unless it was shared with the Defendant officers, and Defendants made no such showing. The FBI documents in question also contain double hearsay, lack foundation, and do not pass muster under Rule 403. Mailed notice. (jjr, )
October 28, 2021 Opinion or Order Filing 610 MINUTE entry before the Honorable Steven C. Seeger: The jury ended deliberations at 4:45 p.m. and will resume tomorrow morning. The jury provided four notes to the Court Security Officer. The first note said that they were leaving for the day and would resume at 9:30 tomorrow morning. The other three notes were from jurors who asked that the Court notify their employers that they will miss work tomorrow. In the meantime, the Court is making arrangements for the jurors to resume deliberations in a different courtroom tomorrow morning. The Court will provide further information to the parties when it is available. Mailed notice. (jjr, )
October 28, 2021 Opinion or Order Filing 609 EXHIBIT by Plaintiff Eddie L. Bolden Closing Statement Slides (Attachments: #1 Exhibit Rebuttal Slides)(Brummel, Valerie)
October 28, 2021 Opinion or Order Filing 608 EXHIBIT by Defendants James Oliver, Angelo Pesavento, Edward J. Siwek, Edward Siwek Demonstrative Slides Shown to Jury During Defendants' Closing Arguments (Exh 201) (Hale, Andrew)
October 28, 2021 Opinion or Order Filing 607 MINUTE entry before the Honorable Steven C. Seeger: At 4:15 p.m., the Court received a call from the Court Security Officer, who reported that the jury intended to leave for the day. The Court directed the Court Security Officer to tell the jury that, under the District's standard procedure, the jury must continue to deliberate until the end of a full day (that is, they must deliberate until the normal end time for trial). So, the jury must continue to deliberate until at least 4:45 p.m. The Court will report back to the parties at the end of the day. Mailed notice. (jjr, )
October 28, 2021 Opinion or Order Filing 606 MINUTE entry before the Honorable Steven C. Seeger: By October 29, 2021, the parties must file on the docket any demonstrative slides displayed to the jury during closing arguments. The parties do not need to file any admitted exhibits or jury instructions published to the jury (e.g., by the ELMO). Mailed notice. (jjr, )
October 28, 2021 Opinion or Order Filing 605 MINUTE entry before the Honorable Steven C. Seeger: The jury resumed deliberations promptly at 9:30 a.m. Mailed notice. (jjr, )
October 28, 2021 Opinion or Order Filing 604 Defendants' Proposed Facts Regarding the Procedural History of Plaintiff's Criminal Case STATEMENT by James Oliver, Angelo Pesavento, Edward J. Siwek, Edward Siwek (Stefanich, Brian)
October 27, 2021 Opinion or Order Filing 603 MINUTE entry before the Honorable Steven C. Seeger: The jury ended deliberations at 5:00 p.m. The jury will resume at 9:30 a.m. tomorrow morning. Mailed notice. (jjr, )
October 27, 2021 Opinion or Order Filing 602 MINUTE entry before the Honorable Steven C. Seeger: The parties presented closing arguments. The Court gave jury instructions. The jury began deliberations. Mailed notice. (jjr, )
October 27, 2021 Opinion or Order Filing 601 WITNESS List by James Oliver, Angelo Pesavento, Edward J. Siwek, Edward Siwek (Bazarek, William)
October 27, 2021 Opinion or Order Filing 600 EXHIBIT by Defendants James Oliver, Angelo Pesavento, Edward J. Siwek, Edward Siwek Demonstrative Exhibit Number 200 (Attachments: #1 Exhibit Defendants' Demonstrative Exhibit 200)(Boudreaux, Barrett)
October 27, 2021 Opinion or Order Filing 599 JURY Instructions. (jjr, )
October 27, 2021 Opinion or Order Filing 598 MINUTE entry before the Honorable Steven C. Seeger: Trial Time Allocation, Day 12 (Tuesday, Oct. 26). Plaintiff (1 hour, 3 min.), Defendants (1 hour, 48 min.). There were 82 minutes of deposition designations. That time will be equally allocated between each party, 41 minutes for Plaintiff and 41 minutes for Defendants. Daily Total: Plaintiff (1 hr., 44 min.), Defendants (2 hrs., 29 min.). Mailed notice. (jjr, )
October 27, 2021 Opinion or Order Filing 597 Exhibit List (Admitted at Trial on or before October 26, 2021) by Eddie L. Bolden. (Brummel, Valerie)
October 27, 2021 Opinion or Order Filing 596 Regarding Jury Instructions STATEMENT by James Oliver, Angelo Pesavento, Edward J. Siwek (Attachments: #1 Exhibit Redline Instructions)(Stefanich, Brian)
October 26, 2021 Opinion or Order Filing 595 STATEMENT by Eddie L. Bolden Regarding Jury Instructions (Litoff, Eli)
October 26, 2021 Opinion or Order Filing 594 EXHIBIT by Plaintiff Eddie L. Bolden Joint Trial Exhibit 30 (Brummel, Valerie)
October 26, 2021 Opinion or Order Filing 593 EXHIBIT by Plaintiff Eddie L. Bolden Joint Trial Exhibit 29 (Brummel, Valerie)
October 26, 2021 Opinion or Order Filing 592 EXHIBIT by Plaintiff Eddie L. Bolden Joint Trial Exhibit 28 (Brummel, Valerie)
October 26, 2021 Opinion or Order Filing 591 EXHIBIT by Plaintiff Eddie L. Bolden Joint Trial Exhibit 27 (Brummel, Valerie)
October 26, 2021 Opinion or Order Filing 590 EXHIBIT by Plaintiff Eddie L. Bolden Joint Trial Exhibit 26 (Brummel, Valerie)
October 26, 2021 Opinion or Order Filing 589 MINUTE entry before the Honorable Steven C. Seeger: Jury trial held and continued to October 27, 2021 at 9:30 a.m. The Court will reconvene with counsel at 8:45 a.m. Mailed notice. (jjr, )
October 26, 2021 Opinion or Order Filing 588 SUPPLEMENT to memorandum #587 Exhibit A to Defendant Officers' Memorandum in Support of their Motion for Directed Verdict (Hijjawi, Amy)
October 26, 2021 Opinion or Order Filing 587 MEMORANDUM by James Oliver, Angelo Pesavento, Edward J. Siwek, Edward Siwek in Support of their Motion for Directed Verdict (Hijjawi, Amy)
October 26, 2021 Opinion or Order Filing 586 AMENDED proposed pretrial order, #472 Defendant Officers' Revised Proposed Witness Designations (Attachments: #1 Supplement, #2 Supplement, #3 Supplement, #4 Supplement, #5 Supplement, #6 Supplement, #7 Supplement, #8 Supplement, #9 Supplement, #10 Supplement, #11 Supplement)(Bazarek, William)
October 26, 2021 Opinion or Order Filing 585 EXHIBIT by Plaintiff Eddie L. Bolden (Demonstrative Exhibit used at Trial) (Brummel, Valerie)
October 26, 2021 Opinion or Order Filing 584 MINUTE entry before the Honorable Steven C. Seeger: Total Trial Time Usage Through Day 11 (Monday, Oct. 25). Plaintiff: 23 hours, 42 minutes. Defendants: 25 hours. Mailed notice. (jjr, )
October 25, 2021 Opinion or Order Filing 583 EXHIBIT List (Admitted at Trial on or before October 25, 2021) by Eddie L. Bolden. (Brummel, Valerie) Docket Text Modified by Clerk's Office on 10/26/2021 (cp, ).
October 25, 2021 Opinion or Order Filing 582 MOTION by Plaintiff Eddie L. Boldenin limine (Renewed Motion in Limine to Preclude Defendants from Introducing FBI Documents and Reports as Trial Exhibits and Response to Defendants' Notice of Filing #580 ) (Attachments: #1 Exhibit 1)(Brummel, Valerie)
October 25, 2021 Opinion or Order Filing 581 MINUTE entry before the Honorable Steven C. Seeger: Trial Time Allocation, Day 11 (Monday, Oct. 25). Plaintiff's Exam. of Gaut: 9:50 a.m. - 10:17 a.m. (27 min.); Defendants' Exam. of Gaut: 10:22 a.m. - 11:15 a.m. (53 min.), 11:35 a.m. - 12:18 p.m. (43 min.); Plaintiff's Exam. of Gaut: 12:18 p.m. - 12:37 p.m. (19 min.); Defendants' Exam of Frazier: 1:38 p.m. - 2:36 p.m. (58 min.); Plaintiff's Exam. of Frazier: 2:38 p.m. - 2:53 p.m. (15 min.), 3:14 p.m. - 3:59 p.m. (45 min.), 4:01 p.m. - 4:44 p.m. (43 min.); Defendants' Exam. of Frazier: 4:45 p.m. - 4:53 p.m. (8 min.). Daily Total: Plaintiff (2 hr., 29 min.), Defendants (2 hrs., 42 min.). Mailed notice (jjr, )
October 25, 2021 Opinion or Order Filing 580 NOTICE of filing by James Oliver, Angelo Pesavento, Edward J. Siwek, Edward Siwek FBI DOCUMENTS CONTAINED IN DEFENDANTS' EXHIBIT 85 THAT DEFENDANTS SEEK TO ADMIT INTO EVIDENCE (Bazarek, William) Docket Text Modified by Clerk's Office on 10/26/2021 (cp, ).
October 25, 2021 Opinion or Order Filing 579 MINUTE entry before the Honorable Steven C. Seeger: Jury trial held and continued to October 26, 2021 at 9:30 a.m. The Court will reconvene with counsel at 9:00 a.m. Mailed notice. (jjr, )
October 25, 2021 Opinion or Order Filing 578 MINUTE entry before the Honorable Steven C. Seeger: Total Trial Time Usage Through the End of the Week of October 18. Plaintiff: 21 hours, 13 minutes. Defendants: 22 hours, 18 minutes. Mailed notice. (jjr, )
October 25, 2021 Opinion or Order Filing 577 MINUTE entry before the Honorable Steven C. Seeger: Total Trial Time Usage for the Week of October 18. Plaintiff: 10 hours, 18 minutes. Defendants: 12 hours, 4 minutes. Mailed notice. (jjr, )
October 25, 2021 Opinion or Order Filing 576 MINUTE entry before the Honorable Steven C. Seeger: Defendant Officers' motion in liminie no. 13 to bar the testimony of Geoffrey Loftus (Dckt. No. #434 ) and Plaintiff's supplemental opposition to Defendant Officers' motion in limine no. 13 to bar the testimony of Geoffrey Loftus (Dckt. No. #520 ) are denied as moot. Mailed notice. (jjr, )
October 25, 2021 Opinion or Order Filing 575 RESPONSE by Eddie L. Boldenin Opposition to MOTION by Defendants James Oliver, Angelo Pesavento, Edward J. Siwek, Edward Siwek to Allow Cynthia Steward to Testify Regarding Irving Clayton's Statements of Plaintiff's Involvement in the Narcotics Operations of Anthony Williams #571 (Attachments: #1 Exhibit A - Trial Transcript Excerpts)(Litoff, Eli)
October 25, 2021 Opinion or Order Filing 574 MINUTE entry before the Honorable Steven C. Seeger: Trial Time Allocation, Day 10 (Friday, Oct. 22). Defendants' Exam. of Bolden: 9:51 a.m. - 10:48 a.m. (57 min.), 11:27 a.m. - 11:34 a.m. (7 min.), 11:41 a.m. - 11:55 a.m. (14 min.), 12:04 p.m. - 12:31 p.m. (27 min.), 1:25 p.m. - 1:35 p.m. (10 min.); Plaintiff's Exam. of Bolden: 1:35 p.m. - 1:52 p.m. (17 min.); Plaintiff's Requested Jud. Notice: 2:13 p.m. - 2:21 p.m. (8 min.); Plaintiff's Exam. of Gaut: 2:22 p.m. - 3:27 p.m. (1 hr., 5 min.). Daily Total: Plaintiff (1 hr., 30 min.), Defendants (1 hr., 55 min.). Mailed notice. (jjr, )
October 25, 2021 Opinion or Order Filing 573 MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's motion for the Court to take judicial notice of facts relating to the malicious prosecution claim (Dckt. No. #536 ) is hereby granted in part. The Court took judicial notice of certain facts relating to Bolden's conviction, direct appeal, post-conviction petition, and Certificate of Innocence on October 22, 2021. The Court read a modified version of the facts into the record. The Court took judicial notice of some, but not all, of the facts proposed by Plaintiff. (Dckt. No. #536 ) The Court took judicial notice of the procedural history relating to Bolden's criminal case. For the reasons explained on the record, the Court did not take judicial notice of judicial commentary on the strengths and weaknesses of the evidence. It is sufficient to tell the jury that the Circuit Court of Cook County concluded that Bolden suffered prejudice, and that there was a reasonable probability that the outcome of the criminal trial would have been different but for the ineffective assistance of counsel. That fact, plus the Certificate of Innocence, is enough to inform the jury what took place, without creating the risk of undue prejudice from the jury placing disproportionate weight on judicial commentary about the evidence. That ruling is also a fair depiction of the ruling itself, meaning the decision by Judge Maldonado of the Circuit Court of Cook County on January 21, 2016. That Court concluded that Bolden had suffered prejudice, but did not include a detailed discussion of the strengths or weaknesses of the evidence as a whole. The penultimate paragraph stated that the case against Bolden was "far from overwhelming" and "slight," but the Circuit Court of Cook County expressly relied on the Appellate Court's discussion of that issue, without itself getting into the merits of the evidence of guilt or innocence. Overall, it is not necessary to tell the jury, in the case before this Court, about those two sentences of judicial commentary. Telling the jury the conclusion on the ineffective assistance of counsel claim, including the finding of prejudice but without getting into judicial commentary on the evidence, is enough. It paints an accurate picture of what took place, while avoiding a risk of undue prejudice that the jury will give outsized importance to a judge's view of the evidence. Mailed notice. (jjr, )
October 25, 2021 Opinion or Order Filing 572 MINUTE entry before the Honorable Steven C. Seeger: Plaintiff Bolden's motion to clarify the Court's ruling on motion limine no. 10 about the testimony of Dr. Gaut (Dckt. No. #535 ) is hereby granted. The Court clarified its ruling about the permissible scope of the testimony of Dr. Gaut on October 22, 2021, before he took the witness stand. Mailed notice. (jjr, )
October 24, 2021 Opinion or Order Filing 571 MOTION by Defendants James Oliver, Angelo Pesavento, Edward J. Siwek, Edward Siwek to Allow Cynthia Steward to Testify Regarding Irving Clayton's Statements of Plaintiff's Involvement in the Narcotics Operations of Anthony Williams (Attachments: #1 Exhibit A, #2 Exhibit B)(Bazarek, William)
October 24, 2021 Opinion or Order Filing 570 MOTION by Plaintiff Eddie L. Bolden to clarify the Court's Ruling on His Motion in Limine to Exclude FBI Documents and Reports as Trial Exhibits #489 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Brummel, Valerie)
October 24, 2021 Opinion or Order Filing 569 STIPULATION Supplemental Undisputed Facts and Evidentiary Stipulations (Paragraphs 6-7) (Brummel, Valerie)
October 24, 2021 Opinion or Order Filing 568 Supplemental Statement Regarding Jury Instructions STATEMENT by Eddie L. Bolden (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Brummel, Valerie)
October 24, 2021 Opinion or Order Filing 567 MEMORANDUM by James Oliver, Angelo Pesavento, Edward J. Siwek, Edward Siwek in Support of Their Proposed Due Process Jury Instructions (Attachments: #1 Exhibit A)(Hijjawi, Amy)
October 23, 2021 Opinion or Order Filing 566 PROPOSED Pretrial Order (Amended Proposed Verdict Form) (Brummel, Valerie)
October 22, 2021 Opinion or Order Filing 565 MINUTE entry before the Honorable Steven C. Seeger: Jury trial held and continued to October 25, 2021 at 9:30 a.m. The Court will reconvene with counsel at 9:15 a.m. Mailed notice. (jjr, )
October 22, 2021 Opinion or Order Filing 564 MINUTE entry before the Honorable Steven C. Seeger: Trial Time Allocation, Day 9 (Thursday, Oct. 21). Plaintiff's Exam. of Lee: 9:44 a.m. - 10:03 a.m. (19 min.), 10:07 a.m. - 10:24 a.m. (17 min.); Defendants' Exam. of Lee: 10:25 a.m. - 10:44 a.m. (19 min.); Plaintiff's Exam. of Bolden: 11:05 a.m. - 12:31 p.m. (1 hr., 26 min.), 1:32 p.m. - 2:06 p.m. (34 min.); Defendants' Exam. of Bolden: 2:19 p.m. - 3:08 p.m. (49 min.), 3:31 p.m. - 4:43 p.m. (1 hr., 12 min.). Daily Total: Plaintiff (2 hr., 36 min.), Defendants (2 hrs., 20 min.). Mailed notice. (jjr, )
October 22, 2021 Opinion or Order Filing 563 MINUTE entry before the Honorable Steven C. Seeger: Trial Time Allocation, Day 8 (Wednesday, Oct. 20). Plaintiff's Exam. of Foster: 10:07 a.m. - 10:13 a.m. (6 min.), 10:26 a.m. - 10:58 a.m. (32 min.); Defendants' Exam. of Foster: 10:58 a.m. - 11:17 a.m. (19 min.), 11:40 a.m. - 12:17 p.m. (37 min.), 1:24 p.m. - 1:48 p.m. (24 min.), 1:52 p.m. - 2:05 p.m. (13 min.); Plaintiff's Exam. of Foster: 2:06 p.m. - 2:18 p.m. (12 min.); Plaintiff's Exam of Peters: 2:45 p.m. - 3:22 p.m. (37 min.), 3:47 p.m. - 4:00 p.m. (13 min.); Defendants' Exam. of Peters: 4:01 p.m. - 4:30 p.m. (29 min.); Plaintiff's Exam. of Peters: 4:30 p.m. - 4:38 p.m. (8 min.). Regarding deposition designations, Plaintiff presented 365 lines and Defendants presented 203 lines. That's 64% from the Plaintiff, and 36% from the Defendants. There were 23 minutes of deposition designations. That's 15 minutes for Plaintiff, and 8 minutes for Defendants. Daily Total: Plaintiff (2 hr., 3 min.), Defendants (2 hrs., 10 min.). Mailed notice. (jjr, )
October 21, 2021 Opinion or Order Filing 562 MINUTE entry before the Honorable Steven C. Seeger: Jury trial held and continued to October 22, 2021 at 9:30 a.m. The Court will reconvene with counsel at 9:15 a.m. Mailed notice. (jjr, )
October 21, 2021 Opinion or Order Filing 561 MINUTE entry before the Honorable Steven C. Seeger: Trial Time Allocation, Day 7 (Tuesday, Oct. 19). Defendants' Exam. of Steward: 9:46 a.m. - 10:44 a.m. (58 min.), 11:13 a.m. - 11:21 a.m. (8 min.); Plaintiff's Exam. of Steward: 11:25 a.m. - 11:28 a.m. (3 min.); Plaintiff's Exam. of Jackson: 2:01 p.m. - 2:12 p.m. (11 min.); Defendants' Exam. of Jackson: 2:13 p.m. - 3:27 p.m. (1 hr. 14 min.); Plaintiff's Exam. of Jackson: 3:27 p.m. - 3:29 p.m. (2 min.); Plaintiff's Exam of Maris: 3:55 p.m. - 4:12 p.m. (17 min.); Defendants' Exam. of Maris: 4:13 p.m. - 4:20 p.m. (7 min.); Plaintiff's Exam. of Maris: 4:20 p.m. - 4:21 p.m. (1 min.). Regarding deposition designations, Plaintiff presented 1234.5 lines and Defendants presented 1807.5 lines. Plaintiff presented 41% of the lines, and Defendants presented 59% of the lines. There were 116 minutes of deposition designations. That's 48 minutes for Plaintiff, and 68 minutes for Defendants. Daily Total: Plaintiff (1 hr., 22 min.), Defendants (3 hrs., 35 min.). Mailed notice. (jjr, ) .
October 20, 2021 Opinion or Order Filing 560 Exhibit List (Admitted at Trial on or before October 20, 2021) by Eddie L. Bolden. (Brummel, Valerie)
October 20, 2021 Opinion or Order Filing 559 Deposition Designations Read at Trial (on or before October 20, 2021) STATEMENT by Eddie L. Bolden (Brummel, Valerie)
October 20, 2021 Opinion or Order Filing 558 MINUTE entry before the Honorable Steven C. Seeger: Jury trial held and continued to October 21, 2021 at 9:30 a.m. For the reasons explained on the record at the end of the day, Defendants' motions about Plaintiff opening the door (Dckt. Nos. #518 , #523 , #542 ) are hereby denied. Counsel must adhere to the parameters laid down by the Court in the remaining examinations and in closing arguments. The Court will reconvene with counsel at 9:15 a.m. Mailed notice. (jjr, )
October 20, 2021 Opinion or Order Filing 557 Exhibit List (Admitted at Trial on or before October 19, 2021) by Eddie L. Bolden. (Brummel, Valerie)
October 20, 2021 Opinion or Order Filing 556 Deposition Designations Read at Trial (on or before October 19, 2021) STATEMENT by Eddie L. Bolden (Brummel, Valerie)
October 19, 2021 Opinion or Order Filing 555 MINUTE entry before the Honorable Steven C. Seeger: Trial Time Allocation, Day 6 (Monday, Oct. 18). Plaintiff's Exam. of Oliver: 9:57 a.m. - 10:58 a.m. (59 min.), 11:20 a.m. - 11:52 a.m. (32 min.); Defendants' Exam. of Oliver: 11:52 a.m. - 12:08 p.m. (16 min.), 12:11 p.m. - 12:17 p.m. (6 min.), 1:21 p.m. - 2:26 p.m. (1 hr. 5 min.); Plaintiff's Exam. of Oliver: 2:40 p.m. - 3:02 p.m. (22 min.); Defendants' Exam. of Oliver: 3:02 p.m. - 3:09 p.m. (7 min.); Plaintiff's Exam. of Oliver: 3:09 p.m. - 3:10 p.m. (1 min.); Plaintiff's Exam. of Steward: 3:37 p.m. - 4:20 p.m. (53 min.); Defendants' Exam. of Steward: 4:20 p.m. - 4:50 p.m. (30 min.). Daily Total: Plaintiff (2 hrs. 47 min.), Defendants (2 hrs. 4 min.). Mailed notice. (jjr, )
October 19, 2021 Opinion or Order Filing 554 MINUTE entry before the Honorable Steven C. Seeger: Total Trial Time Usage Through the End of the Week of October 11. Plaintiff: 10 hours, 55 minutes. Defendants: 10 hours, 14 minutes. Mailed notice. (jjr, )
October 19, 2021 Opinion or Order Filing 553 MINUTE entry before the Honorable Steven C. Seeger: Trial Time Allocation, Day 5 (Friday, Oct. 15). Plaintiff's Exam. of Gatson: 9:47 a.m. - 10:06 a.m. (19 min.); Defendants' Exam. of Gatson: 10:06 a.m. - 10:33 a.m. (27 min.), 11:20 a.m. - 11:57 a.m. (37 min.); Deposition Designations of James Williams: 12:06 p.m. - 12:36 p.m. (30 min.); Deposition Designations of Lee Williams: 1:29 p.m. - 1:38 p.m. (9 min.); Plaintiff's Exam. of Henderson: 1:39 p.m. - 1:50 p.m. (11 min.); Defendants' Exam. of Henderson: 1:50 p.m. - 2:37 p.m. (47 min.), 2:38 p.m. - 2:39 p.m. (1 min.); Plaintiff's Exam. of Henderson: 2:40 p.m. - 2:44 p.m. (4 min.); Plaintiff's Exam. of Baylom: 2:46 p.m. - 2:56 p.m. (10 min.); Defendants' Exam. of Baylom: 2:56 p.m. - 3:04 p.m. (8 min.); Plaintiff's Exam. of Baylom: 3:04 p.m. - 3:05 p.m. (1 min.); Deposition Designations of Jachna: 3:30 p.m. - 3:49 p.m. (19 min.); Deposition Designations of Karl: 3:50 p.m. - 4:01 p.m. (11 min.), 4:01 p.m. - 4:15 p.m. (14 min.); Plaintiff's Exam. of Lanore: 4:25 p.m. - 4:45 p.m. (20 min.), 4:50 p.m. - 4:54 p.m. (4 min.); Defendant's Exam. of Lanore: 4:54 p.m. - 4:57 p.m. (3 min.). The parties calculated the number of lines of deposition designations presented by the parties, and it is almost equal. (Dckt. No. #540 ) Plaintiff presented 965 lines, and Defendants presented 915 lines. That's 51.3% from the Plaintiff, and 48.7% from the Defendants. The difference is immaterial. So, for the sake of simplicity, the Court will basically cut it in half. There were 83 minutes of deposition designations. That's 42 minutes for Plaintiff, and 41 minutes for Defendants. Daily Total: Plaintiff (1 hr., 51 min.), Defendants (2 hrs., 44 min.). Mailed notice. (jjr, )
October 19, 2021 Opinion or Order Filing 552 MINUTE entry before the Honorable Steven C. Seeger: Trial Time Allocation, Day 4 (Thursday, Oct. 14). Defendants' Exam. of Pesavento: 10:25 a.m. - 11:27 a.m. (1 hr., 2 min.), 11:46 a.m. - 11:49 a.m. (3 min.); Plaintiff's Exam. of Pesavento: 11:50 a.m. - 12:28 p.m. (38 min.), 1:21 p.m. - 1:30 p.m. (9 min.); Plaintiff's Exam. of Ingles: 1:32 p.m. - 1:51 p.m. (19 min.); Defendants' Exam. of Ingles: 2:00 p.m. to 3:02 p.m. (1 hr., 2 min.), 3:23 p.m. - 4:10 p.m. (47 min.); Plaintiff's Exam of Ingles: 4:10 p.m. - 4:13 p.m. (3 min.); Plaintiff's Exam. of Williams: 4:14 p.m. - 4:36 p.m. (22 min.), 4:38 p.m - 4:39 p.m. (1 min.); Defendants' Exam. of Williams: 4:40 p.m. - 5:02 p.m. (22 min.). Daily Total: Plaintiff (1 hr., 32 min.), Defendants (3 hr., 16 min.). Mailed notice. (jjr, )
October 19, 2021 Opinion or Order Filing 551 MINUTE entry before the Honorable Steven C. Seeger: Trial Time Allocation, Day 3 (Wednesday, Oct. 13). Plaintiff's Exam. of Pesavento: 9:41 a.m. - 10:57 a.m. (1 hr., 16 min.), 11:13 a.m. - 12:25 p.m. (1 hr., 12 min.), 1:35 p.m. - 1:50 p.m. (15 min.); Defendant' Exam. of Pesavento: 1:51 p.m. - 2:56 p.m. (1 hr., 5 min.), 3:19 p.m. - 4:18 p.m. (59 min.), 4:34 p.m. - 4:44 p.m. (10 min.). Daily Total: Plaintiff (2 hrs., 43 min.), Defendants (2 hrs. 14 min.). Mailed notice. (jjr, )
October 19, 2021 Opinion or Order Filing 550 MINUTE entry before the Honorable Steven C. Seeger: Trial Time Allocation, Day 2 (Tuesday, Oct. 12). Plaintiff's Opening: 9:59 a.m. - 11:14 a.m. (1 hr., 15 min.); Defendants' Opening: 11:37 a.m. - 1:04 p.m. (1 hr., 27 min.); Plaintiff's Exam. of Hickey: 2:09 p.m. - 3:11 p.m. (1 hr., 2 min.); Defendants' Exam. of Hickey: 3:12 p.m. - 3:34 p.m. (22 min.), 3:58 p.m. - 4:09 p.m. (11 min.); Plaintiff's Exam. of Hickey 4:20 p.m. - 4:25 p.m. (5 min.); Plaintiff's Exam. of Pesavento: 4:29 p.m. - 4:42 p.m. (13 min.). Daily Total: Plaintiff (2 hrs., 35 min.), Defendants (2 hrs.). Mailed notice. (jjr, )
October 19, 2021 Opinion or Order Filing 549 MINUTE entry before the Honorable Steven C. Seeger: Trial Time Allocation, Day 1 (Friday, Oct. 8): Discussion and Break Precipitated by Plaintiff's Opening Slides: 1:44 p.m. - 3:16 p.m. (1 hr., 32 min.); Preliminary Jury Instructions: 3:21 p.m. - 3:58 p.m.; Discussion re Plaintiff's Slides: 4:00 p.m. - 4:42 p.m. (42 min.); Other Discussions (4:42 p.m. - 5:09 p.m.). As previously explained, the Court assesses to the Plaintiff all of the time lost because of Plaintiff's failure to disclose the opening powerpoint slides in advance (but no more). Daily Total: Plaintiff (2 hrs., 14 min.); Defendants (zero). Mailed notice. (jjr, )
October 19, 2021 Opinion or Order Filing 548 MINUTE entry before the Honorable Steven C. Seeger: Jury trial held and continued to October 20, 2021 at 9:30 a.m. The Court will reconvene with counsel at 9:10 a.m. Mailed notice. (jjr, )
October 19, 2021 Opinion or Order Filing 547 MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's motion to quash the trial subpoena to the experts (Dckt. No. #493 ) is hereby denied as moot in light of Defendants' withdrawal of the trial subpoenas. But Plaintiff's experts must be prepared to testify about the amount of money that they have billed on this matter, from beginning to end, so that the jury can take that fact into consideration when evaluating any testimony. Plaintiff's experts should bring a copy of any invoices to ensure accurate, responsive testimony. Mailed notice. (jjr, )
October 19, 2021 Opinion or Order Filing 546 MINUTE entry before the Honorable Steven C. Seeger: The Court amends its previous Order (Dckt. No. #544 ) as follows. The motion for protective order (Dckt. No. #531 ) and Cook County State's Attorney's Office motion to quash subpoena (Dckt. No. #530 ) are denied as moot. Plaintiff's motion to quash defendant's subpoenas of his expert witnesses (Dckt. No. #493 ) is reinstated as an active motion. Mailed notice. (jjr, )
October 19, 2021 Opinion or Order Filing 545 MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's motion to strike (Dckt. No. #539 ) is hereby granted in part. Defendants' motion (Dckt. No. #537 ) is stricken, but not placed under seal. The Court expects civility in all filings. In particular, counsel must exercise care and restraint when filing something about a party's family. Civility and zealous advocacy are not mutually exclusive. In fact, civility and effective advocacy tend to flow in the same direction. Uncivil briefs violate norms of the Court, and they tend to be ineffective, too. Defendants' motion to withdraw (Dckt. No. #541 ) is denied as moot. Mailed notice. (jjr, )
October 19, 2021 Opinion or Order Filing 543 RESPONSE by Eddie L. Boldenin Opposition to MOTION by Defendants James Oliver, Angelo Pesavento, Edward J. Siwek, Edward SiwekDefendant Officers' Brief in Support of Argument that Plaintiff Opened the Door to Certain Evidence #518 , MOTION by Defendants James Oliver, Angelo Pesavento, Edward J. Siwek, Edward Siwek Defendant Officers' Brief in Further Support of Argument that Plaintiff Opened the Door to Certain Evidence #523 , MOTION by Defendants James Oliver, Angelo Pesavento, Edward J. Siwek, Edward Siwek Defendant Officers' Amended Third Supplemental Brief Demonstrating that Plaintiff Has Opened and Continues to Open the Door to Barred Evidence #542 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Brummel, Valerie)
October 18, 2021 Opinion or Order Filing 544 MINUTE entry before the Honorable Steven C. Seeger: Jury trial held and continued to October 19, 2021 at 9:30 a.m. The Court will reconvene with counsel at 9:15 a.m. For reasons stated on the record, both motions to quash (Dckt. No. #493 and #530 ) are hereby denied as moot. Mailed notice. (jjr, )
October 18, 2021 Opinion or Order Filing 542 MOTION by Defendants James Oliver, Angelo Pesavento, Edward J. Siwek, Edward Siwek Defendant Officers' Amended Third Supplemental Brief Demonstrating that Plaintiff Has Opened and Continues to Open the Door to Barred Evidence (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Hijjawi, Amy)
October 18, 2021 Opinion or Order Filing 541 MOTION by Defendants James Oliver, Angelo Pesavento, Edward J. Siwek, Edward Siwek to withdraw motion for miscellaneous relief, #537 and Response to Plaintiff's Motion to Strike Docket 537 (Hijjawi, Amy)
October 18, 2021 Opinion or Order Filing 540 Deposition Designations Read at Trial (on or before October 16, 2021) - Updated with Line Counts STATEMENT by Eddie L. Bolden (Brummel, Valerie)
October 18, 2021 Opinion or Order Filing 539 MOTION by Plaintiff Eddie L. Bolden to strike MOTION by Defendants James Oliver, Angelo Pesavento, Edward J. Siwek, Edward Siwek Defendant Officers' Third Supplemental Brief Demonstrating that Plaintiff Has Opened and Continues to Open the Door to Barred Evidence #537 (Brummel, Valerie)
October 18, 2021 Opinion or Order Filing 538 MINUTE entry before the Honorable Steven C. Seeger: A hearing on the motion to quash is set for October 18, 2021 at 5:00 p.m. The witness' attorney can either appear in person (Courtroom 1441) or participate telephonically. If counsel chooses to appear by phone an email must be sent to the Court's courtroom deputy at jessica_j_ramos@ilnd.uscourts.gov. The call-in number is (888) 684-8852 and the access code is 9369830. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (jjr, )
October 18, 2021 Opinion or Order Filing 537 MOTION by Defendants James Oliver, Angelo Pesavento, Edward J. Siwek, Edward Siwek Defendant Officers' Third Supplemental Brief Demonstrating that Plaintiff Has Opened and Continues to Open the Door to Barred Evidence (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Hijjawi, Amy)
October 18, 2021 Opinion or Order Filing 536 MOTION by Plaintiff Eddie L. Bolden for the Court to Take Judicial Notice of Facts Related to Plaintiff's Malicious Prosecution Claim (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Brummel, Valerie)
October 18, 2021 Opinion or Order Filing 535 MOTION by Plaintiff Eddie L. Bolden to clarify the Court's Ruling and Supplemental Ruling on Defendants' Motion in Limine No. 10 (Regarding the Testimony of His Expert, Dr. Williams T. Gaut) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Brummel, Valerie)
October 18, 2021 Opinion or Order Filing 534 Deposition Designations Read at Trial (on or before October 15, 2021) STATEMENT by Eddie L. Bolden (Brummel, Valerie)
October 18, 2021 Opinion or Order Filing 533 Exhibit List (Admitted at Trial on or before October 15, 2021) by Eddie L. Bolden. (Brummel, Valerie)
October 15, 2021 Opinion or Order Filing 532 MINUTE entry before the Honorable Steven C. Seeger: Jury trial held and continued to October 18, 2021 at 9:30 a.m. The Court will reconvene with counsel at 9:00 a.m. on October 18, 2021. For the reasons stated on the record, Plaintiff's motion to preclude evidence of a second investigative file (Dckt. No. #469 ) is denied as moot. For the reasons stated on the record, Defendant James Oliver shall testify remotely from the federal courthouse in Little Rock, Arkansas. The Court finds good cause and compelling circumstances for remote testimony. See Fed. R. Civ. P. 43(a). Defendant must appear in person at the United States District Court for the Eastern District of Arkansas at 9:00 a.m. on October 18, 2021. The testimony will take place in courtroom 2B in the Richard Sheppard Arnold United States Courthouse, 500 West Capital Ave., Little Rock, Arkansas, 72201. Plaintiff's counsel will hand deliver the exhibits. Defense counsel must contact Defendant Oliver, provide the details about his upcoming testimony, make all necessary logistical arrangements, and ensure his timely appearance. Defense counsel also must remind Defendant Oliver of the rulings that this Court has made on various motions in limine, and must make every effort to ensure compliance by Defendant Oliver. Mailed notice. (jjr, )
October 15, 2021 Opinion or Order Filing 531 MOTION by deponent Walls, Beligratis, Walsh for protective order James Beligratis, Linda Walls & Neera Walsh Motion for Protective Order (Attachments: #1 Exhibit A)(Coyne, John)
October 15, 2021 Opinion or Order Filing 530 MOTION by deponent Cook County States Attorney's Office to quash Motion to Quash Subpoena (Attachments: #1 Exhibit A)(Coyne, John)
October 15, 2021 Opinion or Order Filing 529 ATTORNEY Appearance for Plaintiff Beligratis, Walls, Walsh, deponents Beligratis, Walls, Walsh, Walls, Beligratis, Walsh by John Coughlin Coyne Non-Party Deponents, James Beligratis, Linda Walls, Neera Walsh (Coyne, John)
October 15, 2021 Opinion or Order Filing 528 ATTORNEY Appearance for deponent Cook County States Attorney's Office by John Coughlin Coyne Non-Party Deponent CCSAO (Coyne, John)
October 15, 2021 Opinion or Order Filing 527 Exhibit List (Admitted at Trial on or before October 14, 2021) by Eddie L. Bolden. (Brummel, Valerie)
October 14, 2021 Opinion or Order Filing 623 JURY Notes (jjr, )
October 14, 2021 Opinion or Order Filing 526 MINUTE entry before the Honorable Steven C. Seeger: Jury trial held and continued to October 15, 2021 at 9:30 a.m. The Court will reconvene with counsel at 9:15 a.m. Mailed notice. (jjr, )
October 14, 2021 Opinion or Order Filing 525 STIPULATION regarding proposed pretrial order,, #453 Supplemental Undisputed Facts and Evidentiary Stipulations (Paragraph 5) (Brummel, Valerie)
October 14, 2021 Opinion or Order Filing 524 SUPPLEMENT to motion for miscellaneous relief #523 Exhibit A - Transcript of October 13, 2021 Proceedings (Hijjawi, Amy)
October 14, 2021 Opinion or Order Filing 523 MOTION by Defendants James Oliver, Angelo Pesavento, Edward J. Siwek, Edward Siwek Defendant Officers' Brief in Further Support of Argument that Plaintiff Opened the Door to Certain Evidence (Hijjawi, Amy)
October 14, 2021 Opinion or Order Filing 522 Plaintiff's Authorities Regarding the Court's Power to Impose Default Judgment Against Defendant Oliver and Assessments of Where a Witness "Resides" Under Rule 45 by Eddie L. Bolden (Attachments: #1 Exhibit 1 (Westlaw PDFs of Cited Cases))(Brummel, Valerie)
October 13, 2021 Opinion or Order Filing 521 Exhibit List (Admitted at Trial on or before October 13, 2021) (Joint Submission) by Eddie L. Bolden. (Brummel, Valerie)
October 13, 2021 Opinion or Order Filing 520 MOTION by Plaintiff Eddie L. Bolden to supplement his Opposition to Defendant Officers' Motion in Limine No. 13 to Bar the Testimony of Dr. Geoffrey Loftus (Brummel, Valerie)
October 13, 2021 Opinion or Order Filing 519 MINUTE entry before the Honorable Steven C. Seeger: Jury trial held and continued to October 14, 2021 at 9:30 a.m. The Court will reconvene with counsel at 9:00 a.m. Mailed notice. (jjr, )
October 13, 2021 Opinion or Order Filing 518 MOTION by Defendants James Oliver, Angelo Pesavento, Edward J. Siwek, Edward SiwekDefendant Officers' Brief in Support of Argument that Plaintiff Opened the Door to Certain Evidence (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Hijjawi, Amy)
October 12, 2021 Opinion or Order Filing 517 Parties' Revised Proposed Designations, Objections, Bases of Admissibility, and Counter-Designations Expected in Plaintiff's Case by Eddie L. Bolden (Litoff, Eli)
October 12, 2021 Opinion or Order Filing 516 RESPONSE by Plaintiff Eddie L. Bolden to supplement #502 regarding Plaintiff's Motion in Limine No. 1 (Attachments: #1 Exhibit A - Baker Deposition Excerpts)(Litoff, Eli)
October 12, 2021 Opinion or Order Filing 515 STIPULATION regarding proposed pretrial order,, #453 Supplemental Undisputed Facts and Evidentiary Stipulations (Paragraphs 3 and 4) (Brummel, Valerie)
October 12, 2021 Opinion or Order Filing 514 MINUTE entry before the Honorable Steven C. Seeger: Jury trial held and continued to October 13, 2021 at 9:30 a.m. The Court will reconvene with counsel at 8:45 a.m. Mailed notice. (jjr, )
October 12, 2021 Opinion or Order Filing 513 Exhibit List (Admitted at Trial on or before October 12, 2021) (Joint Submission) by Eddie L. Bolden. (Brummel, Valerie)
October 12, 2021 Opinion or Order Filing 512 MINUTE entry before the Honorable Steven C. Seeger: This Court reviewed Plaintiff's motion about the subpoenas that Defendants issued to Plaintiff's experts. On August 14, 2018, Judge Shah set a schedule for expert disclosures and discovery. (Dckt. No. #217 ) Expert discovery closed in 2019. Defendants recently served subpoenas to Plaintiff's experts, seeking a collection of documents. Expert discovery closed before this Court took the bench and received the case, so maybe there is some backstory that this Court does not know. For example, this Court does not know if Defendants ever served subpoenas to the experts during expert discovery, and if so, what came of them. The Court assumes that there was no side agreement at that time about deferring the exchange of documents until the start of trial. But that plan would be highly unusual. Absent some good explanation from Defendants, it appears that the subpoenas are untimely, by a longshot. The Court will take up this issue with the parties. Mailed notice. (jjr, )
October 12, 2021 Opinion or Order Filing 511 MINUTE entry before the Honorable Steven C. Seeger: On October 8, this Court issued an oral ruling on Plaintiff's motion to preclude Defendant Pesavento from testifying regarding the FBI informant tip (Dckt. No. #486 ). The motion is denied, for the reasons explained on the record. An anonymous tip may not be sufficient to create reasonable suspicion (let alone probable cause). But that principle does not mean that officers must ignore an anonymous tip, either. There is a difference between saying that an anonymous tip is insufficient, and saying that an anonymous tip can't be considered at all. This Court is not aware of any case law that stands for the proposition that an officer cannot consider an anonymous tip when making a probable cause determination. An anonymous tip may not be sufficient, but that does not mean that it is out of bounds. That said, if Defendants want to present evidence about an anonymous tip, then the Court will give an instruction to the jury, to avoid possible confusion. The jury needs to know that an anonymous tip is not enough to give rise to probable cause (even if it came from the FBI). Mailed notice. (jjr, )
October 12, 2021 Opinion or Order Filing 510 AFFIDAVIT of Service filed by Plaintiff Eddie L. Bolden regarding Trial Subpoena to Appear and Testify at Trial in a Civil Action served on James Oliver on 09/17/2021 (Brummel, Valerie)
October 12, 2021 Opinion or Order Filing 509 MINUTE entry before the Honorable Steven C. Seeger: The Court directs the parties to refile the 33-page revised statement about deposition designations (Dckt. No. #497 ), with a few changes. The filing contains a long table of designations and counter-designations. Headings appear at the top of each column, but only on page two. The headings do not appear on page three, or page four, or any of the dozens of pages that follow. That's not user-friendly, and forces the Court to flip back and forth to remember what each column refers to. So, the parties need to add a heading at the top of each column, on each page, and refile it. Also, the column on the left should include the name of the witness on each page. So, for example, if a reader looks only at page 26, the reader should be able to see which witness that page is covering. Also, the parties should clarify the last column, entitled "Objecting Party's Counter-Designations." The Court understands that column to cover testimony that the Defendants want to offer affirmatively to support their defenses. That is, the Court assumes that that column does not cover testimony that is necessary under the rule of completeness, as provided in Rule 32(a)(6). See Fed. R. Civ. P. 32(a)(6) (covering deposition testimony that "in fairness should be considered with the part introduced"). So, by the look of things, it appears that Defendants are not requesting that Plaintiff add any testimony under the rule of completeness. Instead, they simply want to offer some of the testimony for their own purposes. If that assumption is wrong, the parties must say so. And then, Defendants would need to differentiate between testimony that is covered by the rule of completeness, and testimony that they want to offer affirmatively to support their defenses. More generally, at the hearing this morning, the parties must be prepared to discuss submitting highlighted portions of the deposition designations, and counter-designations, so that the Court can readily see what each party proposes to designate. In general, parties should always strive to make things as user-friendly for the Court as possible. Mailed notice. (jjr, )
October 12, 2021 Opinion or Order Filing 508 MINUTE entry before the Honorable Steven C. Seeger: Plaintiff must file a copy of the trial subpoena issued to Defendant James Oliver. Mailed notice. (jjr, )
October 11, 2021 Opinion or Order Filing 505 ORDER Signed by the Honorable Steven C. Seeger on 10/11/2021. Mailed notice. (jjr, ) (Main Document 505 replaced with a corrected version on 10/12/2021) (jjr, ).
October 11, 2021 Opinion or Order Filing 504 MINUTE entry before the Honorable Steven C. Seeger: The Court issues the following Order on the powerpoint slides that Plaintiff's counsel intends to use during opening statements tomorrow morning. Mailed notice. (jjr, )
October 11, 2021 Opinion or Order Filing 503 MINUTE entry before the Honorable Steven C. Seeger: The Court reviewed Defendants' statement about Defendant Oliver, who is continuing to refuse to testify in person even though this Court expressly ordered him to do so. (Dckt. No. #501 ) Tomorrow morning, defense counsel must provide this Court with Oliver's home address, and must reveal how long he has lived there. Mailed notice. (jjr, )
October 11, 2021 Opinion or Order Filing 502 SUPPLEMENT to response in opposition to motion, #278 Plaintiff's Motion in Limine No. 1 to Bar Evidence of Plaintiff's Criminal History (Attachments: #1 Exhibit A, #2 Exhibit B)(Hijjawi, Amy)
October 11, 2021 Opinion or Order Filing 501 EXHIBIT by Defendants George Karl, James Oliver, Angelo Pesavento, Edward J. Siwek Regarding James Oliver (Boudreaux, Barrett)
October 11, 2021 Opinion or Order Filing 500 Joint STATEMENT by Eddie L. Bolden Regarding Plaintiff's Opening Presentation (Attachments: #1 Exhibit A - Disputed Slides from Opening)(Litoff, Eli)
October 11, 2021 Opinion or Order Filing 499 STATEMENT by Eddie L. Bolden Regarding James Oliver (Litoff, Eli)
October 11, 2021 Opinion or Order Filing 498 STIPULATION as to Edward Siwek and George Karl (Flynn, Kyle)
October 10, 2021 Opinion or Order Filing 497 Parties' Revised Proposed Designations, Objections, Bases of Admissibility, and Counter-Designations Expected on Plaintiff's Case by Eddie L. Bolden (Brummel, Valerie)
October 10, 2021 Opinion or Order Filing 496 ORDER Signed by the Honorable Steven C. Seeger on 10/10/2021. Mailed notice. (jjr, ) (Main Document 496 replaced with a corrected version on 10/12/2021) (jjr, ).
October 9, 2021 Opinion or Order Filing 495 SEALED DOCUMENT by Defendant James Oliver - Update on Medical Appointments (Bazarek, William)
October 8, 2021 Opinion or Order Filing 622 JURY Notes (jjr, )
October 8, 2021 Opinion or Order Filing 507 MINUTE entry before the Honorable Steven C. Seeger: Voir dire held and concluded on October 8, 2021. Jury trial held and continued to October 12, 2021 at 9:30 a.m. The Court will reconvene with counsel at 8:45 a.m. Mailed notice. (jjr, )
October 8, 2021 Opinion or Order Filing 494 MINUTE entry before the Honorable Steven C. Seeger: In their supplemental filing in support of their motion for a protective order about Officer Oliver (filed on October 6), Defendants reported that Oliver was slated to see a cardiologist on October 7, and see Dr. Stokes (once again) on October 8. See Dckt. No. #488 . The Court does not know if any new information came out of those medical appointments. Defendants must file an update by 5:00 p.m. on October 9 if anything important happened during those medical appointments. Otherwise, the Court will assume that the medical appointments on October 7-8 did not materially change the lay of the land about Oliver's medical condition. Mailed notice. (jjr, )
October 8, 2021 Opinion or Order Filing 493 MOTION by Plaintiff Eddie L. Bolden to quash Defendants' Subpoenas of His Expert Witnesses (Attachments: #1 Exhibit 1 (Subpoenas))(Brummel, Valerie)
October 7, 2021 Opinion or Order Filing 506 MINUTE entry before the Honorable Steven C. Seeger: Jury trial begun and voir dire held on October 7, 2021. Voir dire continued for October 8, 2021 at 9:30 a.m. Mailed notice. (jjr, )
October 7, 2021 Opinion or Order Filing 492 RESPONSE by James Oliver, Angelo Pesavento, Edward J. Siwek, Edward Siwek to MOTION by Plaintiff Eddie L. Boldenin limine to preclude Defendant Angelo Pesavento from Testifying Regarding the Alleged FBI Informant Tip #486 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Hijjawi, Amy)
October 6, 2021 Opinion or Order Filing 491 [CORRECTED] Supplemental Statement Regarding His Certificate of Innocence STATEMENT by Eddie L. Bolden (Brummel, Valerie)
October 6, 2021 Opinion or Order Filing 490 Supplemental Statement Regarding His Certificate of Innocence STATEMENT by Eddie L. Bolden (Brummel, Valerie)
October 6, 2021 Opinion or Order Filing 489 ORDER Signed by the Honorable Steven C. Seeger on 10/6/2021. Mailed notice. (jjr, )
October 6, 2021 Opinion or Order Filing 488 SEALED DOCUMENT by Defendants James Oliver, Angelo Pesavento, Edward J. Siwek, Edward Siwek Supplemental Filing in Support of Defendants' Sealed Motion Under Dkt #476 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Bazarek, William)
October 6, 2021 Opinion or Order Filing 487 RESPONSE by Plaintiff Eddie L. Bolden to supplement #479 (Regarding Defendants' Motion in Limine No. 4) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Brummel, Valerie)
October 6, 2021 Opinion or Order Filing 486 MOTION by Plaintiff Eddie L. Boldenin limine to preclude Defendant Angelo Pesavento from Testifying Regarding the Alleged FBI Informant Tip (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Brummel, Valerie)
October 6, 2021 Opinion or Order Filing 485 MINUTE entry before the Honorable Steven C. Seeger: The Court confirmed that all members of the public, including family member of the parties, must watch the trial from the public viewing room (1342). Not from the courtroom itself. Mailed notice. (jjr, )
October 6, 2021 Opinion or Order Filing 483 MINUTE entry before the Honorable Steven C. Seeger: The Court prohibits any fact witnesses from listening to the testimony of other witnesses during the trial. The only exception is a party (e.g., Plaintiff Bolden, or the Defendant Officers). This prohibition does not apply to experts. Counsel must not tell any fact witness about the substance of the testimony of any other fact witness. So, before taking the stand, a fact witness should not know what any other witness has said (again, excluding parties). Mailed notice. (jjr, )
October 6, 2021 Opinion or Order Filing 482 MINUTE entry before the Honorable Steven C. Seeger: The Court prohibits the parties and their counsel (and again, including their agents) from contacting any of the jurors after the completion of the trial. Mailed notice. (jjr, )
October 6, 2021 Opinion or Order Filing 481 MINUTE entry before the Honorable Steven C. Seeger: At the hearing this morning, this Court will provide counsel with courtesy copies of the juror questionnaires. The purpose of the advance copy is to get a jump on jury selection, so that counsel can have a sense about the jury pool before jury selection begins tomorrow. Counsel must return their copies of the questionnaires today (and they will receive them again tomorrow). The Court prohibits the parties and their counsel from taking the questionnaires outside the courtroom. Counsel can take notes (but not photos). Counsel cannot write down the contact information for any of the jurors. The Court prohibits the parties and their counsel (including any jury consultants) from doing any research about any of the jurors (e.g., a google search). Do not investigate the jurors. The only exception is suggesting potential follow-up questions for the Court to ask during voir dire. If you want information about a juror, ask the Court to elicit the information in open court. But do not research it yourself. That way, there will be a level playing field, and all of the parties will know the same information about the members of the jury. Mailed notice. (jjr, )
October 5, 2021 Opinion or Order Filing 480 ORDER Signed by the Honorable Steven C. Seeger on 10/5/2021. For the foregoing reasons, Defendants' motion for protective order finding James Oliver unavailable to testify and to designate his deposition (Dckt. No. #476 ) is denied. Mailed notice. (jjr, )
October 5, 2021 Opinion or Order Filing 479 SUPPLEMENT to Defendants' Motions in Limine Nos. 4 and 7 in Support Thereof (Stefanich, Brian)
October 5, 2021 Opinion or Order Filing 478 MEMORANDUM by James Oliver, Angelo Pesavento, Edward J. Siwek, Edward Siwek in Support of Their Proposed Preliminary Jury Instructions (Hijjawi, Amy)
October 5, 2021 Opinion or Order Filing 477 RESPONSE by Plaintiff Eddie L. Bolden to motion to clarify, #470 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Brummel, Valerie)
October 5, 2021 Opinion or Order Filing 476 SEALED MOTION by Defendants James Oliver, Personal Representative of the Estate of George Karl, Angelo Pesavento, Edward J. Siwek, Edward Siwek (Attachments: #1 Exhibit A)(Bazarek, William)
October 5, 2021 Opinion or Order Filing 475 Supplemental Statement Regarding the Elements of His Due Process Claim STATEMENT by Eddie L. Bolden (Regarding Plaintiff's Proposed Jury Instructions) (Brummel, Valerie)
October 5, 2021 Opinion or Order Filing 474 SUPPLEMENT to memorandum #473 Exhibit A CORRECTED (Hale, Andrew)
October 5, 2021 Opinion or Order Filing 473 MEMORANDUM by James Oliver, Angelo Pesavento, Edward J. Siwek as Supplemental in Opposition to Plaintiff's Motions in Limine Nos. 1 and 6 (Attachments: #1 Exhibit A)(Hale, Andrew)
October 4, 2021 Opinion or Order Filing 484 MINUTE entry before the Honorable Steven C. Seeger: Status hearing held on October 4, 2021. The hearing set for October 6, 2021 at 10:00 a.m. will be held in Courtroom 1441 (not in Courtroom 2319). Mailed notice. (jjr, )
October 4, 2021 Opinion or Order Filing 472 PROPOSED Pretrial Order AMENDED (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12)(Brummel, Valerie)
October 4, 2021 Opinion or Order Filing 471 RESPONSE by City of Chicago, George Karl, James Oliver, Angelo Pesavento, Edward J. Siwek, Edward Siwek to MOTION by Plaintiff Eddie L. Bolden to bar Evidence of a Second Investigative File #469 (Gibbons, John)
October 3, 2021 Opinion or Order Filing 470 MOTION by Defendants James Oliver, Angelo Pesavento, Edward J. Siwek to clarify in Connection with the Court's Order on the Parties Motions in Limine (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Hale, Andrew)
October 1, 2021 Opinion or Order Filing 469 MOTION by Plaintiff Eddie L. Bolden to bar Evidence of a Second Investigative File (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Brummel, Valerie)
September 22, 2021 Opinion or Order Filing 468 MINUTE entry before the Honorable Steven C. Seeger: Pretrial conference held on September 22, 2021. The Court issued its rulings on the motions in limine (Dckt. No. #467 ) and discussed any pending matters regarding trial. An in-person hearing is set for October 4, 2021 at 2:00 p.m. and October 6, 2021 at 10:00 a.m. in Courtroom 2319. A trial logistics meeting is set for October 6, 2021 in Courtroom 1441. One lawyer and tech person per party are to participate in the meeting.Mailed notice. (jjr, )
September 22, 2021 Opinion or Order Filing 467 ORDER Signed by the Honorable Steven C. Seeger on 9/22/2021. Mailed notice. (jjr, )
September 22, 2021 Opinion or Order Filing 466 MINUTE entry before the Honorable Steven C. Seeger: The Court issues the following rulings on Plaintiff's motions in limine nos. 1-13 (Dckt. Nos. #277 , #295 #307 ), the City's motion no. 1 (Dckt. No. #425 ), and the Defendant Officers' motions in limine nos. 1-12 (Dckt. Nos. #308 #319 , #430 ). The Court reserves judgment on Defendant Officers' motion in limine no. 13 (Dckt. No. #434 ). Mailed notice. (jjr, )
September 22, 2021 Opinion or Order Filing 465 MINUTE entry before the Honorable Steven C. Seeger: Defendant Officer's Request for an In-Person Hearing for Clifford Frazier to Address the Mode of his Trial Testimony (Dckt. No. #456 ) is hereby denied. Clifford Frazier testified against Bolden at the criminal trial, and he is a central witness in this case, too. After receiving a trial subpoena from defense counsel in this case, Frazier responded that he has health issue (asthma, and pre-diabetes), and that he has suffered significant stress and anxiety from reliving the murders. Defendants asked for an accommodation so that Frazier could testify remotely by Zoom, but Plaintiff objected. The Court fully appreciates the fact that trials can be stressful (and the original trial was undoubtedly stressful for Bolden, too). But stress can play a role in the truth-seeking function of litigation (e.g., cross examination is stressful, by design). Testifying in person is part of our legal system's longstanding tradition. And for good reason. There is value in getting a witness into the courtroom (and outside of their comfort zone) for live, in-person testimony. There's no substitute for person-to-person cross examination, when everyone is in the same room. The atmosphere helps ferret out the truth. The jury needs to see and hear this witness, in person, to evaluate his credibility. Testimony via video feels artificial by comparison, and should be avoided absent compelling circumstances. See Fed. R. Civ. P. 43(a). And here, there are none. Frazier must testify in person, or not at all. Mailed notice. (jjr, )
September 22, 2021 Opinion or Order Filing 464 MINUTE entry before the Honorable Steven C. Seeger: Defendants' motion for leave to depose for FBI special agent Dale Tipton and issue a subpoena to the FBI (Dckt. No. #423 ) is hereby denied. (As an aside, this Court does not know for certain if this motion is a live issue, now that Defendants have withdrawn a related motion about agent Tipton, but the Court assumes the issue is live.) Defendants point out that Plaintiff Bolden produced an affidavit from Tipton three months after the close of fact discovery, and before the parties had briefed the motions for summary judgment. Maybe so, but the chronology underscores that Defendants could have requested his deposition long ago if there was a legitimate need. Discovery closed in 2018. Defendants have had the redacted FBI reports since March 2018, and have had the Tipton affidavit since September 2018. If the affidavit prompted a need for a deposition, Defendants could have sought the deposition years ago. The same is true for the potential subpoena to the FBI. The FBI's role is not a surprise. If there was a legitimate need for any additional documents from the FBI, Defendants could have sought them years ago. Mailed notice. (jjr, )
September 21, 2021 Opinion or Order Filing 463 REPLY by Plaintiff Eddie L. Bolden to Response, #461 , motion in limine #451 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Brummel, Valerie)
September 21, 2021 Opinion or Order Filing 462 MINUTE entry before the Honorable Steven C. Seeger: This afternoon, the Court received information from the Clerk's Office about the timing of and logistics for the upcoming trial. The COVID testing and the completion of the juror questionnaire will take place on Tuesday, October 5. Trial will start on Thursday, October 7, 2021. Trial must end no later than Thursday, October 28. There is no flexibility on the back end, so the parties must prepare accordingly. Counsel must be prepared to discuss time estimates (and allocation between the parties) at the upcoming pretrial conference. Counsel must confer with each other before the pretrial conference about the time that they will realistically need. If any party foresees an issue, they must raise it at the conference so that this Court can craft a solution. Trial will take place in courtroom 1441. The public overflow room will be in room 1342. The Court can cover any related issues at the pretrial conference. Mailed notice. (jjr, )
September 20, 2021 Opinion or Order Filing 461 RESPONSE by Defendants James Oliver, Angelo Pesavento, Edward J. Siwek to motion in limine #451 by Plaintiff to Preclude Defendants from Introducing FBI Documents and Reports (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Hijjawi, Amy)
September 17, 2021 Opinion or Order Filing 460 MINUTE entry before the Honorable Steven C. Seeger: Defendants' motion to withdraw the motion in limine to bar the testimony of Dale Tipton (Dckt. No. #459 ) is hereby granted. Defendants no longer object to the testimony of Tipton at trial. In fact, they intend to call him. The motion in limine (Dckt. No. #318 ) is hereby withdrawn. Mailed notice. (jjr, )
September 15, 2021 Opinion or Order Filing 459 MOTION by Defendants James Oliver, Angelo Pesavento, Edward J. Siwek to withdraw motion in limine #318 to Bar Testimony of Dale Tipton (Stefanich, Brian)
September 14, 2021 Opinion or Order Filing 458 MINUTE entry before the Honorable Steven C. Seeger: At the parties' request, the pretrial conference set for September 23, 2021 at 1:00 p.m. is stricken and reset for September 22, 2021 at 2:00 p.m. Mailed notice. (jjr, )
September 13, 2021 Opinion or Order Filing 457 RESPONSE by Eddie L. Boldenin Opposition to MOTION by Defendants James Oliver, Angelo Pesavento, Edward J. Siwek Request for an In-Person Hearing for Clifford Frazier to Address the Mode of His Trial Testimony #456 (Brummel, Valerie)
September 10, 2021 Opinion or Order Filing 456 MOTION by Defendants James Oliver, Angelo Pesavento, Edward J. Siwek Request for an In-Person Hearing for Clifford Frazier to Address the Mode of His Trial Testimony (Boudreaux, Barrett)
September 9, 2021 Opinion or Order Filing 455 MINUTE entry before the Honorable Steven C. Seeger: The final pretrial conference set for September 27, 2021 at 1:00 p.m. is stricken and reset for September 23, 2021 at 1:00 p.m. Mailed notice. (jjr, )
September 7, 2021 Opinion or Order Filing 454 Copies of Transcripts to Accompany Proposed Final Pretrial Order by Eddie L. Bolden (Attachments: #1 Exhibit 1 (Anderson, Talmay - Deposition), #2 Exhibit 2 (Barnes, Joseph - Suppression Hearing), #3 Exhibit 3 (Barnes, Joseph - Deposition), #4 Exhibit 4 (Baylom, Charles - Jury Trial), #5 Exhibit 5 (Baylom, Charles - Deposition), #6 Exhibit 6 (Blanton, Dachae - Deposition), #7 Exhibit 7 (Chenow, Richard - Testimonial Stipulation), #8 Exhibit 8 (Ginnelly, Thomas - Jury Trial), #9 Exhibit 9 (Gurtowski, Frank - Jury Trial), #10 Exhibit 10 (Holevar, Michelle - Jury Trial Testimonial Stipulation), #11 Exhibit 11 (Jachna, Jacob - Deposition), #12 Exhibit 12 (Jones, Nancy - Jury Trial), #13 Exhibit 13 (Karl, George - Suppression Hearing), #14 Exhibit 14 (Karl, George - Jury Trial), #15 Exhibit 15 (Naujokas, John - Jury Trial), #16 Exhibit 16 (Perfetti, Joseph - Deposition), #17 Exhibit 17 ( Sadler, Thomas - Deposition), #18 Exhibit 18 (Siwek, Edward - Deposition), #19 Exhibit 19 (Temple, Barbara - Jury Trial), #20 Exhibit 20 (Temple, Barbara - Deposition), #21 Exhibit 21 (Williams, James - Deposition), #22 Exhibit 22 (Williams, Lee - Jury Trial), #23 Exhibit 23 (Willis, Maurice - Jury Trial Testimonial Stipulation), #24 Exhibit 24 (Willis, Maurice - Deposition))(Brummel, Valerie)
September 7, 2021 Opinion or Order Filing 453 PROPOSED Pretrial Order (Attachments: #1 Exhibit 1 (Parties' Proposed Designations of Prior Testimony), #2 Exhibit 2 (Joint Exhibit List), #3 Exhibit 3 (Plaintiff's Trial Exhibit List), #4 Exhibit 4 (Defendants' Trial Exhibit List), #5 Exhibit 5 (Agreed Jury Instructions), #6 Exhibit 6 (Agreed Jury Instructions with redline), #7 Exhibit 7 (Plaintiff's Proposed Jury Instructions), #8 Exhibit 8 (Plaintiff's Proposed Jury Instructions with redline), #9 Exhibit 9 (Defendants' Proposed Jury Instructions), #10 Exhibit 10 (Defendants' Proposed Jury Instructions with redline))(Brummel, Valerie)
September 7, 2021 Opinion or Order Filing 452 TRIAL Brief by Eddie L. Bolden (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Brummel, Valerie)
September 7, 2021 Opinion or Order Filing 451 MOTION by Plaintiff Eddie L. Boldenin limine to preclude Defendants from introducing FBI Documents and Reports as Trial Exhibits (Attachments: #1 Exhibit 1)(Brummel, Valerie)
August 27, 2021 Opinion or Order Filing 450 MINUTE entry before the Honorable Steven C. Seeger: The Court calls the parties' attention to its Pretrial Order in Civil Cases, which is now posted on Judge Seeger's webpage. The Court acknowledges that it is posting this Standing Order less than two weeks before the due date for the final pretrial order in this case (it is due on September 6, which is Labor Day, so it is due on September 7). See 4/9/21 Order (Dckt. No. #428 ). The parties undoubtedly are far along in their preparations. Hopefully this Standing Order will not require the parties to make a bunch of unforeseen, last-minute changes. (The Court relied heavily on the Standing Orders adopted by other judges in this District.) If conforming to the Standing Order at this stage would impose an undue burden on the parties, they should let the Court know so that it can consider any adjustments for this particular case. The goal was to set guidelines for all of this Court's cases, not to throw a late-breaking wrench in the works in this particular case. Mailed notice. (jjr, )
August 26, 2021 Opinion or Order Filing 449 REPLY by Defendants James Oliver, Angelo Pesavento, Edward J. Siwek to response in opposition to motion #441 in Support of Their Motion in Limine No. 13 to Bar the Testimony of Geoffrey Loftus (Attachments: #1 Exhibit A)(Hijjawi, Amy)
August 26, 2021 Opinion or Order Filing 448 REPLY by Defendants James Oliver, Angelo Pesavento, Edward J. Siwek to Response #443 in Support of Their Supplement to Motion in Limine Number 10 to Bar the Testimony of William Gaut (Boudreaux, Barrett)
August 13, 2021 Opinion or Order Filing 447 MINUTE entry before the Honorable Steven C. Seeger: The unopposed motion for an extension of time (Dckt. No. #445 ) is hereby granted. Defendants' deadline to file their replies is extended to August 26, 2021. Mailed notice. (jjr, )
August 13, 2021 Opinion or Order Filing 446 NOTICE by Eddie L. Bolden re MOTION by Defendants James Oliver, Angelo Pesavento, Edward Siwekin limine No. 4 to Bar Evidence Based on the Summary Judgment Ruling #311 , MOTION by Defendants James Oliver, Angelo Pesavento, Edward Siwekin limine No. 7 to Bar Certain Evidence Related to the Police Investigation #314 , MOTION by Defendants James Oliver, Angelo Pesavento, Edward Siwekin limine No. 10 to Bar Certain Testimony of William Gaut #317 NOTICE OF SUPPLEMENTAL AUTHORITY (Attachments: #1 Exhibit 1)(Brummel, Valerie)
August 12, 2021 Opinion or Order Filing 445 MOTION by Defendants James Oliver, Angelo Pesavento, Edward Siwek for extension of time to file response/reply in Support of Their Motions in Limine to Bar the Tesimony of William Gaut and Geoffrey Loftus (Boudreaux, Barrett)
August 12, 2021 Opinion or Order Filing 444 ATTORNEY Appearance for Plaintiff Eddie L. Bolden by Valerie Brummel (Brummel, Valerie)
August 2, 2021 Opinion or Order Filing 443 RESPONSE by Plaintiff Eddie L. Bolden to supplement #433 to Defendant Officers' Motion in Limine No. 10 (Litoff, Eli)
August 2, 2021 Opinion or Order Filing 442 RESPONSE by Plaintiff Eddie L. Bolden to supplement #432 to Defendant Officers' Motion in Limine No. 5 (Litoff, Eli)
August 2, 2021 Opinion or Order Filing 441 RESPONSE by Eddie L. Boldenin Opposition to MOTION by Defendants James Oliver, Angelo Pesavento, Edward J. Siwek, Edward Siwekin limine No. 13 to Bar the Testimony of Geoffrey Loftus #434 (Litoff, Eli)
August 2, 2021 Opinion or Order Filing 440 RESPONSE by Eddie L. Boldenin Opposition to MOTION by Defendants James Oliver, Angelo Pesavento, Edward J. Siwekin limine # 12 to Bar Improper Character Evidence Against Defendant Oliver #430 (Attachments: #1 Exhibit 1 - Excerpts of Oliver Deposition)(Litoff, Eli)
July 15, 2021 Opinion or Order Filing 439 MINUTE entry before the Honorable Steven C. Seeger: The motion for leave to withdraw attorney (Dckt. No. #438 ) is granted. Attorney Valarie Hays is terminated as counsel of record. Mailed notice. (jjr, )
July 13, 2021 Opinion or Order Filing 438 MOTION by Attorney Valarie Hays to withdraw as attorney for Eddie L. Bolden. No party information provided (Hays, Valarie)
July 7, 2021 Opinion or Order Filing 437 ATTORNEY Appearance for Plaintiff Eddie L. Bolden by Matthew Charles Crowl (Crowl, Matthew)
May 5, 2021 Opinion or Order Filing 436 MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's motion for an extension of time to respond to Defendants' motion in limine filings (Dckt. No. #435 ) is hereby granted. Plaintiff's responses to Defendants' recent motion in limine filings (Dckt. Nos. #430 - #434 ) are due on August 2, 2021. Replies (if you must) are due by August 16, 2021. Plaintiff's counsel has an upcoming criminal trial that will last four to six weeks. As a general matter, the Court encourages counsel to be merciful when opposing counsel requests an extension of time, especially when the request is reasonable (e.g., because of a criminal trial). It is a basic part of professional courtesy. And, from a self-interested perspective, what goes around comes around. Mailed notice. (jjr, )
May 4, 2021 Opinion or Order Filing 435 MOTION by Plaintiff Eddie L. Bolden for extension of time to Respond to Defendants' Motion in Limine Filings (Litoff, Eli)
April 30, 2021 Opinion or Order Filing 434 MOTION by Defendants James Oliver, Angelo Pesavento, Edward J. Siwek, Edward Siwekin limine No. 13 to Bar the Testimony of Geoffrey Loftus (Attachments: #1 Exhibit A, #2 Exhibit B)(Hijjawi, Amy)
April 30, 2021 Opinion or Order Filing 433 SUPPLEMENT to motion in limine #317 to Bar the Testimony of William Gaut (Attachments: #1 Exhibit A, #2 Exhibit B)(Boudreaux, Barrett)
April 30, 2021 Opinion or Order Filing 432 SUPPLEMENT to Motion in Limine #5 by Defendant Officers' (Boudreaux, Barrett)
April 30, 2021 Opinion or Order Filing 431 SEALED EXHIBIT by Defendants James Oliver, Angelo Pesavento, Edward J. Siwek Exhibit B regarding MOTION by Defendants James Oliver, Angelo Pesavento, Edward J. Siwekin limine # 12 to Bar Improper Character Evidence Against Defendant Oliver #430 (Hale, Andrew)
April 30, 2021 Opinion or Order Filing 430 MOTION by Defendants James Oliver, Angelo Pesavento, Edward J. Siwekin limine # 12 to Bar Improper Character Evidence Against Defendant Oliver (Attachments: #1 Exhibit A, #2 Exhibit B)(Hale, Andrew)
April 14, 2021 Opinion or Order Filing 429 RESPONSE by Eddie L. Boldenin Opposition to MOTION by Defendant City of Chicagoin limine 1 to Limit the City's Role in Accordance with the Bifurcation Order #425 (Litoff, Eli)
April 9, 2021 Opinion or Order Filing 428 MINUTE entry before the Honorable Steven C. Seeger: The Court reviewed the Joint Statement Regarding Trial Dates filed on March 9, 2021 (Dckt. No. #418 ), which requested that the Court set the jury trial for the first week of October. As requested, trial is hereby set for October 4, 2021 at 9:30 a.m., with a minor caveat. Under the Northern District's trial procedures adopted in 2020, a trial set to start in a particular week is subject to starting any day that week, based on how many other trials are taking place that week in the courthouse. Accordingly, the Court cannot guarantee an October 4, 2021 start date (as opposed to, say, October 5 or 6). But the trial will begin that week. The Court expects to know the actual start date approximately two weeks before the trial. The Court will reserve three weeks for the trial. The final pretrial order is due by September 6, 2021. The final pretrial conference will take place on September 27, 2021 at 1:00 p.m. The Court takes the motions in limine under advisement, and will issue rulings sufficiently in advance of trial to allow the parties to plan accordingly. Mailed notice. (jjr, )
April 5, 2021 Opinion or Order Filing 427 MINUTE entry before the Honorable Steven C. Seeger: The Court reviewed Defendant City of Chicago's motion in limine no. 1 to limit the City's role in accordance with the bifurcation order (Dckt. No. #425 ). Plaintiff's response is due by April 14, 2021. Mailed notice. (jjr, )
April 1, 2021 Opinion or Order Filing 426 RESPONSE by Eddie L. Boldenin Opposition to MOTION by Defendants James Oliver, Angelo Pesavento, Edward J. Siwek to take deposition of Dale Tipton and Issue a Subpoena to the Federal Bureau of Investigation #423 (Attachments: #1 Exhibit A)(Litoff, Eli)
March 31, 2021 Opinion or Order Filing 425 MOTION by Defendant City of Chicagoin limine 1 to Limit the City's Role in Accordance with the Bifurcation Order (Flynn, Kyle)
March 31, 2021 Opinion or Order Filing 424 MINUTE entry before the Honorable Steven C. Seeger: Defendant Officers' Partially Agreed Motion to Extend Time to File Supplemental Motions in Limine (Dckt. No. #421 ) is granted. The deadline to file supplemental motions in limine is extended to April 30, 2021. Mailed notice. (jjr, )
March 30, 2021 Opinion or Order Filing 423 MOTION by Defendants James Oliver, Angelo Pesavento, Edward J. Siwek to take deposition of Dale Tipton and Issue a Subpoena to the Federal Bureau of Investigation (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Stefanich, Brian)
March 28, 2021 Opinion or Order Filing 422 RESPONSE by Eddie L. Boldenin Opposition to MOTION by Defendants James Oliver, Angelo Pesavento, Edward J. Siwek for extension of time partially agreed to file Supp. MIL #421 (Attachments: #1 Exhibit Exhibit 1)(Hays, Valarie)
March 28, 2021 Opinion or Order Filing 421 MOTION by Defendants James Oliver, Angelo Pesavento, Edward J. Siwek for extension of time partially agreed to file Supp. MIL (Boudreaux, Barrett)
March 16, 2021 Opinion or Order Filing 420 MINUTE entry before the Honorable Steven C. Seeger: On November 24, 2020, this Court denied all pending motions in limine, and did so without prejudice for administrative purposes only. (Dckt. No. #411 ) As this Court suggested at a recent hearing (Dckt. No. #417 ), the parties filed a motion to reinstate the previously filed motions in limine. The motion is granted. (Dckt. No. #419 ) The previously filed motions in limine filed by Plaintiff (Dckt. Nos. [277, #295 - #307 ) and the previously filed motions in limine filed by Defendants (Dckt. Nos. #308 - #319 ) are hereby reinstated as active motions on the docket. Mailed notice. (jjr, )
March 12, 2021 Opinion or Order Filing 419 MOTION by Plaintiff Eddie L. Bolden to Renew All Previously-Filed Motions in Limine (Joint Motion) (Litoff, Eli)
March 9, 2021 Opinion or Order Filing 418 Joint STATEMENT by Eddie L. Bolden Regarding Trial Dates (Litoff, Eli)
March 5, 2021 Opinion or Order Filing 417 MINUTE entry before the Honorable Steven C. Seeger: Status hearing held on March 5, 2021 by telephone. The Court and counsel discussed the need to set a new trial date. The Court previously denied the motions in limine without prejudice (Dckt. No. #411 ) for administrative purposes only. By March 12, 2021, the parties may file a motion to renew the previously-filed motions in limine. The Court expects to re-designate the previously-filed motions in limine as pending motions. Some motions in limine will define the scope of the trial more than others. The parties should indicate which motions will most assist the parties to prepare for trial. Any new motions in limine are due by March 31, 2021. Counsel must confer about trial availability and file a joint statement to the Court about possible trial dates. Defense counsel shall keep the Court and Plaintiffs' counsel apprised of any material changes in the health of any of the Defendants. The Court will set a deadline for the pretrial order, and will set a new trial date, by separate order at the appropriate time. Mailed notice. (jjr, )
March 1, 2021 Opinion or Order Filing 416 MINUTE entry before the Honorable Steven C. Seeger: The Court sets a status hearing for March 5, 2021 at 9:30 a.m. Members of the public and media will be able to call in to listen to this hearing. The call-in number is (888) 684-8852 and the access code is 9369830. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (jjr, )
December 18, 2020 Opinion or Order Filing 415 MINUTE entry before the Honorable Steven C. Seeger: The motion to withdraw (Dckt. No. #414 ) is granted. Attorney Celeste Stewart Stack is terminated as counsel of record. (jjr, )
December 16, 2020 Opinion or Order Filing 414 MOTION by Attorney Celeste Stewart Stack to withdraw as attorney for Michael Baker, Joseph Barnes, James Oliver, Angelo Pesavento, Michael Rowan, Edward Siwek. No party information provided (Hale, Andrew)
December 11, 2020 Opinion or Order Filing 413 MINUTE entry before the Honorable Steven C. Seeger: The Court grants the Motion to Withdraw (Dckt. No. #412 ). Attorney Scott J. Jebson is terminated as counsel of record. Mailed notice. (jjr, )
December 11, 2020 Opinion or Order Filing 412 MOTION by Attorney Scott Jebson to withdraw as attorney for James Oliver, Angelo Pesavento, Edward Siwek. No party information provided (Jebson, Scott)
November 24, 2020 Opinion or Order Filing 411 MINUTE entry before the Honorable Steven C. Seeger:The motions in limine filed by Plaintiff (Dckt. Nos. #277 , #295 - #307 ) and the motions in limine filed by Defendants (Dckt. Nos. #308 - #319 ) are hereby denied without prejudice for administrative purposes only in light of the rescheduled trial date and the suspension of trials in this district. When the time comes, the Court will set another date for the parties to refile their motions in limine. The Court will permit the parties to refile the motions in a one-page submission, so that the parties do not need to incur the burden and expense of refiling the motions, responses, and replies. Mailed notice. (jjr, )
November 24, 2020 Opinion or Order Filing 410 MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's Motion for Information Regarding Health Conditions of Defendants Pesavento and Oliver (Dckt. No. #401 ) is granted in part and denied in part. On September 17, and again on September 28, 2020, this Court directed Defendants to provide their medical records to the Court for an in camera inspection. The Court promptly reviewed the medical records upon receipt. The Court determined that the medical conditions are not sufficiently serious (as far as the Court can tell) to warrant another deposition in the short term. Defendants shall promptly inform Plaintiff's counsel and the Court if their health situation changes in a material way. Defense counsel shall provide an update on Defendants' health (a high level of generality is acceptable) to Plaintiff's counsel by letter by December 15, 2020, and shall do so thereafter if there is a material change. The point is to let Plaintiff's counsel know if anything has changed. In the meantime, the Court rejects the notion in Plaintiff's submissions that there is a difference between a "discovery deposition" and an "evidence deposition." Rule 30 recognizes no such distinction. A deposition is a deposition. The possibility that a witness may not be available for trial is one of the reasons to depose a witness in the first place. See Fed. R. Civ. P. 32(a)(4). That said, in special circumstances, there may be a need to depose a witness a second time. But Plaintiff has filed no such motion. And a generalized desire to get better, cleaner testimony for trial doesn't cut it. The Court took note of the statement in Plaintiff's motion (Dckt. No. #406 ) that, as recently as August 2020, the parties seemingly agreed on the potential need to depose the Defendants a second time to preserve their testimony for trial. Mailed notice. (jjr, )
November 24, 2020 Opinion or Order Filing 409 MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's Motion to Set Trial Date (Dckt. No. #393 ) is denied without prejudice. As the parties are undoubtedly aware, civil trials in this District will not resume until mid-January, 2021, at the earliest. This Court is fully mindful of the need to reschedule this trial, especially in light of the nature of the case, and will prioritize this case when the time comes to schedule civil trials. When the Court has a better sense of when it can realistically reschedule the trial, the Court will set a hearing. Mailed notice. (jjr, )
November 24, 2020 Opinion or Order Filing 408 LETTER dated October 7, 2020 by Defendants James Oliver and Angelo Pesavento. (jjr, ) (Additional attachment(s) added on 11/24/2020: #1 Sealed Exhibits) (jjr, ).
November 24, 2020 Opinion or Order Filing 407 LETTER dated September 28, 2020 by Defendant James Oliver (jjr, ) (Additional attachment(s) added on 11/24/2020: #1 Sealed Exhibits) (jjr, ).
September 29, 2020 Opinion or Order Filing 406 REPLY by Eddie L. Bolden to MOTION by Plaintiff Eddie L. Bolden for disclosure of the health conditions of defendants Angelo Pesavento and James Oliver #401 (Litoff, Eli)
September 28, 2020 Opinion or Order Filing 405 MINUTE entry before the Honorable Steven C. Seeger: The Court reviewed Defendants' Response to Plaintiffs' Motion for Disclosure (Dckt. No. #404 ). On September 17, 2020, this Court ordered Defendants to submit their medical records to the Court for an in camera inspection. (Dckt. No. #403 ) Defendants did not comply. Instead, they filed a brief (which is fine), with no supporting medical information (which is not). This Court's Order couldn't have been a surprise. Defendants offered to provide information to the Court about their medical conditions over one month ago, in footnote one on page four of their filing on August 14, 2020. (Dckt. No. #399 ) Defendants represented to the Court that they have "serious underlying medical conditions." Id. Again, Defendants shall submit their medical records to the Court for an in camera inspection, and shall do so by October 7, 2020. Mailed notice. (jjr, ) (Docket Text Modified on 12/3/2020) (jjr, ).
September 25, 2020 Opinion or Order Filing 404 RESPONSE by Defendants James Oliver, Angelo Pesavento, Edward J. Siwek to motion for disclosure #401 (Stefanich, Brian)
September 17, 2020 Opinion or Order Filing 403 MINUTE entry before the Honorable Steven C. Seeger: The Court reviewed Plaintiff's motion for information regarding the health conditions of Defendants Pesavento and Oliver (Dckt. No. #401 ). Defendants' response is due by September 25, 2020. As Defendants proposed last month (Dckt. No. #399 ), Defendants shall submit information about their medical conditions, including supporting medical records, to the Court for an in camera inspection. Plaintiff may reply by September 30, 2020. In the motion, Plaintiff stated that he was "evaluating the need to preserve Defendants' trial testimony." (Dckt. No. #401 ) But were the Defendants deposed? And if so, why wouldn't those depositions suffice? A deposition of an opposing party is a statement of a party opponent, and a party is free to use the deposition of an opposing party at trial. "An adverse party may use for any purpose the deposition of a party...." See Fed. R. Civ. P. 32(a)(3). Hasn't Plaintiff already preserved the Defendants' trial testimony by taking their depositions? The motion seemingly distinguishes between "trial depositions (also referred to as evidentiary depositions)" and a "discovery deposition." Id. at para. 3, 6; see also id. at para. 6 (stating that Plaintiff's counsel took a "discovery deposition of Mr. Siwek," but adding that at "no point did it seem like his death might be imminent or that his health status warranted an evidentiary deposition to preserve his trial testimony"). But under the Federal Rules (unlike the Illinois rules - see Illinois Sup. Ct. R. 202, 212), there is no difference between a "discovery deposition" and an "evidence deposition." A deposition is a deposition. Mailed notice. (jjr, )
September 16, 2020 Opinion or Order Filing 402 NOTICE by Eddie L. Bolden re MOTION by Defendants James Oliver, Angelo Pesavento, Edward Siwekin limine #8 CORRECTED #319 Notice of Supplemental Authority (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Hays, Valarie)
September 15, 2020 Opinion or Order Filing 401 MOTION by Plaintiff Eddie L. Bolden for disclosure of the health conditions of defendants Angelo Pesavento and James Oliver (Attachments: #1 Exhibit 1)(Hays, Valarie)
August 26, 2020 Opinion or Order Filing 400 Individual Defendants' ANSWER to amended complaint Fourth by William Higgins, Michael Kill, James Oliver, Personal Representative of the Estate of George Karl, Angelo Pesavento, Edward J. Siwek(Boudreaux, Barrett)
August 14, 2020 Opinion or Order Filing 399 Joint STATEMENT by Eddie L. Bolden Regarding Trial (Litoff, Eli)
July 29, 2020 Opinion or Order Filing 398 MINUTE entry before the Honorable Steven C. Seeger: The Court reviewed Plaintiff's motion to set trial date (Dckt. No. #393 ). The Court shares the parties' desire to reschedule this trial at the earliest practicable opportunity. The Court acutely recalls the backstory of the rescheduling of the trial, including the delay caused by the reassignment on the eve of trial. (Dckt. Nos. [286, 291, 323, 386]) The Court fully appreciates the urgency in resetting the trial date, given the nature and age of the case, and intends to give this case priority when it reschedules its trials. Still, trials in this District have not taken place since mid-March, 2020, and will not resume until August 3, 2020. Criminal trials will have priority in the short term (e.g., in the demand for jurors), and there is a significant backlog of demand for civil trials. The Court intends to keep a watchful eye on how trials unfold in the next few weeks. In the meantime, counsel should meet and confer, and file a statement about how much lead time they will need between the selection of a new trial date and the trial. Counsel also shall inform the Court if there are any unworkable dates before the end of the year. The Court assumes that counsel continue to believe that trial will take three weeks. The Court appreciates the patience of counsel and the parties during this difficult time. Mailed notice. (jjr, )
July 23, 2020 Opinion or Order Filing 397 ATTORNEY Appearance for Defendant Edward J. Siwek by Barrett Elizabeth Boudreaux (Boudreaux, Barrett)
July 23, 2020 Opinion or Order Filing 396 ATTORNEY Appearance for Defendant Edward J. Siwek by Brian J Stefanich (Stefanich, Brian)
July 23, 2020 Opinion or Order Filing 395 ATTORNEY Appearance for Defendant Edward J. Siwek by William E. Bazarek (Bazarek, William)
July 23, 2020 Opinion or Order Filing 394 ATTORNEY Appearance for Defendant Edward J. Siwek by Andrew M. Hale (Hale, Andrew)
July 16, 2020 Opinion or Order Filing 393 MOTION by Plaintiff Eddie L. Bolden to Set Trial Date (Litoff, Eli)
July 10, 2020 Opinion or Order Filing 392 ORDER Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020: Mailed notice. (Clerk3, Docket)
July 9, 2020 Opinion or Order Filing 391 Fourth AMENDED complaint by Eddie L. Bolden against City of Chicago, James Oliver, Angelo Pesavento, Edward J. Siwek as Special Representative for the Estate of Edward Siwek (Litoff, Eli)
July 8, 2020 Opinion or Order Filing 390 MINUTE entry before the Honorable Steven C. Seeger: On April 8, 2020, defense counsel filed a Suggestion of Death for Defendant Edward Siwek. (Dckt. No. #383 ) Plaintiff's unopposed motion to substitute proper party and appoint special representative (Dckt. No. #388 ) is hereby granted. The Court appoints Edward J. Siwek as Special Representative for the Estate of Edward Siwek. The Court substitutes Edward J. Siwek as Special Representative for the Estate of Edward Siwek as the proper party in this action. The Court grants Plaintiff leave to file a fourth amended complaint to name the proper party. Plaintiff Bolden has agreed to waive any demand for punitive damages from the Estate of Edward Siwek, the heirs of Edward Siwek, or the substituted party (Edward J. Siwek). Defense counsel shall send a copy of the motion and this minute order to Defendant Siwek's heirs by email and U.S. Mail. The Court expresses its condolences to the family of Edward Siwek. Mailed notice. (jjr, )
July 7, 2020 Opinion or Order Filing 389 NOTICE of Motion by Eli Joseph Litoff for presentment of motion to substitute party #388 before Honorable Steven C. Seeger on 7/15/2020 at 09:00 AM. (Litoff, Eli)
July 7, 2020 Opinion or Order Filing 388 MOTION by Plaintiff Eddie L. Bolden to substitute party and Appoint Special Representative (Unopposed Motion) (Litoff, Eli)
May 26, 2020 Opinion or Order Filing 387 ORDER ORDER Fourth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on May 26, 2020. This Order does not extend or modify any deadlines set in civil cases. For non-emergency motions, no motion may be noticed for presentment on a date earlier than July 15, 2020. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 5/26/2020: Mailed notice. (docket1, )
May 20, 2020 Opinion or Order Filing 386 MINUTE entry before the Honorable Steven C. Seeger: The Court reviewed the Joint Status Report (Dckt. No. #385 ). This Court hereby vacates the trial date of July 13, 2020. The Court does so regretfully, and is well-aware that rescheduling the trial is not anyone's first choice. The Court fully recalls the complications and work that went into rescheduling this trial after the reassignment. In light of the coronavirus pandemic, it is unclear when trials will resume at the Northern District of Illinois. When they do resume, criminal trials will take precedence (as they should). The Joint Status Report raises good points about the health and safety of the participants, too (including counsel). Rescheduling the trial seems inevitable given the current public health situation, so the Court is vacating the trial date now (as opposed to, say, a month from now) so that the parties can avoid the burden and expense of preparing for trial (especially now). Among other things, the Court was concerned about the prospect of preparing witnesses (some of whom are senior citizens), meeting with team members, and so on in the weeks ahead, especially if it might all be for naught. This Court will reschedule the trial as soon as practicable, and will give priority to this particular case to the extent possible, given the nature and age of the case. In the meantime, the Court commends counsel for their continuing patience and professionalism. Mailed notice. (jjr, )
May 18, 2020 Opinion or Order Filing 385 STATUS Report Joint Status Report Pursuant to Third Amended General Order 20-0012 by Eddie L. Bolden (Litoff, Eli)
April 24, 2020 Opinion or Order Filing 384 ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties are must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020: Mailed notice. (docket1, )
April 8, 2020 Opinion or Order Filing 383 SUGGESTION of Death as to Edward J. Siwek Upon the Record Pursuant to Fed. R. Civ. P. 25(a) (Bazarek, William)
March 30, 2020 Opinion or Order Filing 382 ORDER Seconded Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020: Mailed notice. (docket3, )
March 18, 2020 Opinion or Order Filing 381 ORDER In light of the public health situation, the Court encourages all parties and their counsel to take precautions, be reasonable, and use common sense in pending cases. In General Order No. 20-0012 dated March 16, 2020 (and amended on March 17), the U.S. District Court for the Northern District of Illinois extended all deadlines in civil cases by three weeks. Parties should assume that this Court will accommodate reasonable requests for extensions in the coming weeks, and counsel should show flexibility and accommodate each other too. This Court will grant a six-week extension of fact discovery if requested (and there is no need for an immediate request). Parties should not take depositions before April 17 unless (1) they take place telephonically; and (2) all parties and the witness(es) consent. Even a telephonic deposition often requires an in-person meeting to prepare the witness, so telephonic depositions can go forward only if everyone agrees. If any party or witness wants a deposition to take place in person, the deposition will take place after April 17. Needless to say, that date may change as the public health situation continues to evolve. Parties should continue to make progress in their cases when possible, but in a manner that is consistent with public health and safety. In the meantime, continue to work together cooperatively in the best traditions of our shared profession. The Court thanks all parties and their counsel for their patience and understanding during this difficult time.Signed by the Honorable Steven C. Seeger on 3/18/2020: Mailed notice. (docket1, )
March 16, 2020 Opinion or Order Filing 380 ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice. (pj, )
November 26, 2019 Opinion or Order Filing 379 MINUTE entry before the Honorable Steven C. Seeger: Defendant's unopposed motion for leave to file an amended reply to their motion in limine No. 4 in excess of fifteen pages, and for leave to file their reply to their motion in limine No. 6, instanter (Dckt. No. #375 ) is granted. No appearance on the motion is necessary. Mailed notice. (jjr, )
November 25, 2019 Opinion or Order Filing 378 NOTICE of Motion by Brian J Stefanich for presentment of motion for leave to file, #375 before Honorable Steven C. Seeger on 12/3/2019 at 09:00 AM. (Stefanich, Brian)
November 25, 2019 Opinion or Order Filing 377 REPLY by Defendants James Oliver, Personal Representative of the Estate of George Karl, Angelo Pesavento, Edward Siwek to motion in limine #313 (Attachments: #1 Exhibit A (Excerpts from Maurice Willis Dep), #2 Exhibit B (Excerpts from Edward Siwek Dep), #3 Exhibit C (Excerpts from Angelo Pesavento Dep), #4 Exhibit D (Excerpts from Barbara Temple Dep), #5 Exhibit E (James Williams Dep), #6 Exhibit F (Excerpts from Edna Williams Dep), #7 Exhibit G (Excerpts from Eddie Bolden Dep))(Stefanich, Brian)
November 25, 2019 Opinion or Order Filing 376 REPLY by Defendants James Oliver, Personal Representative of the Estate of George Karl, Angelo Pesavento, Edward Siwek to motion in limine #311 in Support Thereof to Preclude Certain Evidence and Argument Based on the Court's Summary Judgment Ruling (Stefanich, Brian)
November 25, 2019 Opinion or Order Filing 375 MOTION by Defendants James Oliver, Angelo Pesavento, Edward Siwek for leave to file An Amended Reply to their Motion in Limine No. 4 and in Excess of Fifteen Pages and for Leave to File their Reply to their Motion in Limine No. 6, Instanter (Unopposed) (Attachments: #1 Exhibit A (Defendants' Reply in Support of their MIL #4 AMENDED), #2 Exhibit B (Defendants' Reply in Support of their MIL #6))(Stefanich, Brian)
November 22, 2019 Opinion or Order Filing 374 REPLY by James Oliver, Angelo Pesavento, Edward Siwek to MOTION by Defendants James Oliver, Angelo Pesavento, Edward Siwekin limine No. 11 to Bar the Testimony of Dale Tipton #318 (Attachments: #1 Exhibit A - Plaintiff's 30(b)(6) Notice, #2 Exhibit B - Portion of Plaintiff Deposition, #3 Exhibit Hardy Letter, #4 Exhibit D - FBI Response, #5 Exhibit E - Portions of FOIA Response)(Stefanich, Brian)
November 22, 2019 Opinion or Order Filing 373 REPLY by James Oliver, Angelo Pesavento, Edward Siwek to MOTION by Defendants James Oliver, Angelo Pesavento, Edward Siwekin limine No. 10 to Bar Certain Testimony of William Gaut #317 (Stefanich, Brian)
November 22, 2019 Opinion or Order Filing 372 REPLY by James Oliver, Angelo Pesavento, Edward Siwek to MOTION by Defendants James Oliver, Angelo Pesavento, Edward Siwekin limine No. 9 to Bar Reference to CPD's Internal Rules and Regulations #316 (Stefanich, Brian)
November 22, 2019 Opinion or Order Filing 371 REPLY by James Oliver, Angelo Pesavento, Edward Siwek to MOTION by Defendants James Oliver, Angelo Pesavento, Edward Siwekin limine No. 5 to Bar Certain Testimony from Charles Ingles #312 (Attachments: #1 Exhibit A - State's MIL, #2 Exhibit B - Ingles Deposition, #3 Exhibit C - Portion of Ingles Motion to Suppress Testimony, #4 Exhibit D - Portion of Pesavento Deposition, #5 Exhibit Portion of Plaintiff Deposition)(Stefanich, Brian)
November 22, 2019 Opinion or Order Filing 370 REPLY by James Oliver, Angelo Pesavento, Edward Siwek to MOTION by Defendants James Oliver, Angelo Pesavento, Edward Siwekin limine No. 2 to Bar Reference to Indemnification #309 (Attachments: #1 Exhibit A - Sepulbeda Case)(Stefanich, Brian)
November 22, 2019 Opinion or Order Filing 369 REPLY by James Oliver, Angelo Pesavento, Edward Siwek to MOTION by Defendants James Oliver, Angelo Pesavento, Edward Siwekin limine No. 4 to Bar Evidence Based on the Summary Judgment Ruling #311 (Attachments: #1 Exhibit A - Portion of Foster Post-Conviction Testimony, #2 Exhibit B - Portion of Hansbrough Deposition)(Stefanich, Brian)
November 22, 2019 Opinion or Order Filing 368 REPLY by James Oliver, Angelo Pesavento, Edward Siwek to MOTION by Defendants James Oliver, Angelo Pesavento, Edward Siwekin limine No. 7 to Bar Certain Evidence Related to the Police Investigation #314 (Stefanich, Brian)
November 22, 2019 Opinion or Order Filing 367 REPLY by James Oliver, Angelo Pesavento, Edward Siwek to MOTION by Defendants James Oliver, Angelo Pesavento, Edward Siwekin limine No. 3 to Bar Certain Evidence Related to Roderick Stewart #310 (Stefanich, Brian)
November 22, 2019 Opinion or Order Filing 366 REPLY by James Oliver, Angelo Pesavento, Edward Siwek to MOTION by Defendants James Oliver, Angelo Pesavento, Edward Siwekin limine No. 8 to Bar Reference to Plaintiff's Certificate of Innocence #315 (Stefanich, Brian)
November 22, 2019 Opinion or Order Filing 365 REPLY by Defendants George Karl, James Oliver, Angelo Pesavento to motion in limine #308 (Stefanich, Brian)
November 22, 2019 Opinion or Order Filing 364 REPLY by Eddie L. Bolden to MOTION by Plaintiff Eddie L. Boldenin limine No. 13 to Permit Plaintiff to Treat CPD Witnesses & Prosecutors as Adverse #306 (Hays, Valarie)
November 22, 2019 Opinion or Order Filing 363 REPLY by Eddie L. Bolden to MOTION by Plaintiff Eddie L. Boldenin limine No. 12 to Bar Reference to Disciplinary Decision Against Charles Ingles #305 (Hays, Valarie)
November 22, 2019 Opinion or Order Filing 362 REPLY by Eddie L. Bolden to MOTION by Plaintiff Eddie L. Boldenin limine No. 11 to Bar Reference to Screenplay #304 (Hays, Valarie)
November 22, 2019 Opinion or Order Filing 361 REPLY by Eddie L. Bolden to MOTION by Plaintiff Eddie L. Boldenin limine No. 10 to Exclude Photographs of Decedents #303 (Attachments: #1 Exhibit C - Excerpts from Lee Williams Trial Testimony, #2 Exhibit D - Jan. 30, 1994 Case Supplementary Report)(Hays, Valarie)
November 22, 2019 Opinion or Order Filing 360 REPLY by Eddie L. Bolden to MOTION by Plaintiff Eddie L. Boldenin limine No. 9 to Exclude ASA Linda Walls' Speculation & Opinion Testimony #302 (Attachments: #1 Exhibit 1 - Excerpts from Wall Deposition)(Hays, Valarie)
November 22, 2019 Opinion or Order Filing 359 REPLY by Eddie L. Bolden to MOTION by Plaintiff Eddie L. Boldenin limine No. 8 to Bar Reference to Plaintiff's Criminal Trial Strategy #301 (Hays, Valarie)
November 22, 2019 Opinion or Order Filing 358 REPLY by Eddie L. Bolden to MOTION by Plaintiff Eddie L. Boldenin limine No. 7 to Bar Reference to Counsel's Involvement in the Gangster Disciples Investigation #300 (Hays, Valarie)
November 22, 2019 Opinion or Order Filing 357 REPLY by Eddie L. Bolden to MOTION by Plaintiff Eddie L. Boldenin limine No. 6 to Bar Reference to Certain Statements Made by Anthony Williams #299 (Hays, Valarie)
November 22, 2019 Opinion or Order Filing 356 REPLY by Eddie L. Bolden to MOTION by Plaintiff Eddie L. Boldenin limine No. 5 to Exclude Cynthia Steward's Testimony Based on Speculation & Hearsay #298 (Hays, Valarie)
November 22, 2019 Opinion or Order Filing 355 REPLY by Eddie L. Bolden to MOTION by Plaintiff Eddie L. Boldenin limine No. 4 to Preclude Certain Testimony of James Oliver #297 (Attachments: #1 Exhibit F - CORRECTED - Excerpts from Oliver Deposition, #2 Exhibit G - Excerpts from Pesavento Deposition)(Hays, Valarie)
November 22, 2019 Opinion or Order Filing 354 REPLY by Eddie L. Bolden to MOTION by Plaintiff Eddie L. Boldenin limine No. 3 to Bar Reference to State Appellate Court Decisions & Trial Court's Witness Credibility Determinations #296 (Hays, Valarie)
November 22, 2019 Opinion or Order Filing 353 REPLY by Eddie L. Bolden to MOTION by Plaintiff Eddie L. Boldenin limine No. 2 to Bar Reference to Prior Gang Affiliation & Drug Activity #295 (Attachments: #1 Exhibit 1 - Excerpts from the Deposition of Eddie Lynier Bolden)(Hays, Valarie)
November 18, 2019 Opinion or Order Filing 352 MINUTE entry before the Honorable Steven C. Seeger: The motion to withdraw as attorney #350 is granted. Attorney Emily Wessel Farr is terminated as counsel of record. No appearance on the motion is necessary. Mailed notice. (jjr, )
November 17, 2019 Opinion or Order Filing 351 NOTICE of Motion by Emily Wessel Farr for presentment of motion to withdraw as attorney #350 before Honorable Steven C. Seeger on 11/21/2019 at 09:00 AM. (Farr, Emily)
November 17, 2019 Opinion or Order Filing 350 MOTION by Attorney Emily Wessel Farr to withdraw as attorney for Barbara Temple. No party information provided (Farr, Emily)
November 8, 2019 Opinion or Order Filing 349 RESPONSE by Eddie L. Boldenin Opposition to MOTION by Defendants James Oliver, Angelo Pesavento, Edward Siwekin limine No. 6 to Bar Evidence that Witnesses Were Arrested #313 (Attachments: #1 Exhibit A - Excerpts of Deposition of Edna Williams, #2 Exhibit B - Edna Williams Arrest Report, #3 Exhibit C - Excerpts of Deposition of Maurice Willis, #4 Exhibit D - Supplementary Report, #5 Exhibit E - David McCray Arrest Report, #6 Exhibit F - Willis Report, #7 Exhibit G - Excerpts of Clifford Frazier Trial Testimony, #8 Exhibit H - James Williams Arrest Report, #9 Exhibit I - March 18, 1994 Court Order, #10 Exhibit J - Property Inventory No. 1266045, #11 Exhibit K - Excerpts of Deposition of Angelo Pesavento)(Litoff, Eli)
November 8, 2019 Opinion or Order Filing 348 RESPONSE by James Oliver, Angelo Pesavento, Edward Siwekin Opposition to MOTION by Plaintiff Eddie L. Boldenin limine No. 10 to Exclude Photographs of Decedents #303 (Attachments: #1 Exhibit 1)(Stefanich, Brian)
November 8, 2019 Opinion or Order Filing 347 RESPONSE by James Oliver, Angelo Pesavento, Edward Siwekin Opposition to MOTION by Plaintiff Eddie L. Boldenin limine No. 5 to Exclude Cynthia Steward's Testimony Based on Speculation & Hearsay - CORRECTED #307 (Stefanich, Brian)
November 8, 2019 Opinion or Order Filing 346 RESPONSE by James Oliver, Angelo Pesavento, Edward Siwekin Opposition to MOTION by Plaintiff Eddie L. Boldenin limine No. 3 to Bar Reference to State Appellate Court Decisions & Trial Court's Witness Credibility Determinations #296 (Stefanich, Brian)
November 8, 2019 Opinion or Order Filing 345 RESPONSE by James Oliver, Angelo Pesavento, Edward Siwekin Opposition to MOTION by Plaintiff Eddie L. Boldenin limine No. 8 to Bar Reference to Plaintiff's Criminal Trial Strategy #301 (Stefanich, Brian)
November 8, 2019 Opinion or Order Filing 344 RESPONSE by James Oliver, Angelo Pesavento, Edward Siwekin Opposition to MOTION by Plaintiff Eddie L. Boldenin limine No. 13 to Permit Plaintiff to Treat CPD Witnesses & Prosecutors as Adverse #306 (Stefanich, Brian)
November 8, 2019 Opinion or Order Filing 343 RESPONSE by James Oliver, Angelo Pesavento, Edward Siwekin Opposition to MOTION by Plaintiff Eddie L. Boldenin limine No. 12 to Bar Reference to Disciplinary Decision Against Charles Ingles #305 (Stefanich, Brian)
November 8, 2019 Opinion or Order Filing 342 RESPONSE by James Oliver, Angelo Pesavento, Edward Siwekin Opposition to MOTION by Plaintiff Eddie L. Boldenin limine No. 11 to Bar Reference to Screenplay #304 (Stefanich, Brian)
November 8, 2019 Opinion or Order Filing 341 RESPONSE by James Oliver, Angelo Pesavento, Edward Siwekin Opposition to MOTION by Plaintiff Eddie L. Boldenin limine No. 9 to Exclude ASA Linda Walls' Speculation & Opinion Testimony #302 (Attachments: #1 Exhibit A - Walls Deposition, #2 Exhibit B - Safer Letter)(Stefanich, Brian)
November 8, 2019 Opinion or Order Filing 340 RESPONSE by James Oliver, Angelo Pesavento, Edward Siwekin Opposition to MOTION by Plaintiff Eddie L. Boldenin limine No. 7 to Bar Reference to Counsel's Involvement in the Gangster Disciples Investigation #300 (Stefanich, Brian)
November 8, 2019 Opinion or Order Filing 339 RESPONSE by Eddie L. Boldenin Opposition to MOTION by Defendants James Oliver, Angelo Pesavento, Edward Siwekin limine No. 8 to Bar Reference to Plaintiff's Certificate of Innocence #315 , MOTION by Defendants James Oliver, Angelo Pesavento, Edward Siwekin limine #8 CORRECTED #319 (Attachments: #1 Exhibit A - Certificate of Innocence, #2 Exhibit B - Order in Harris v. City of Chicago, #3 Exhibit C - Order in Logan v. Burge, #4 Exhibit D - Order in People v. Washington, #5 Exhibit E - Order in People v. Hood, #6 Exhibit F - Nicole Harris Certificate of Innocence, #7 Exhibit G - Order in Rivera v. Guevara)(Litoff, Eli)
November 8, 2019 Opinion or Order Filing 338 RESPONSE by James Oliver, Angelo Pesavento, Edward Siwekin Opposition to MOTION by Plaintiff Eddie L. Boldenin limine No. 6 to Bar Reference to Certain Statements Made by Anthony Williams #299 (Attachments: #1 Exhibit A - Bolden Deposition)(Stefanich, Brian)
November 8, 2019 Opinion or Order Filing 337 RESPONSE by Eddie L. Boldenin Opposition to MOTION by Defendants James Oliver, Angelo Pesavento, Edward Siwekin limine No. 10 to Bar Certain Testimony of William Gaut #317 (Attachments: #1 Exhibit A - Excerpts of Deposition of Eddie Bolden, #2 Exhibit B - Excerpt of Deposition of Charles Ingles, #3 Exhibit C - Excerpts of Deposition of Clifford Frazier, #4 Exhibit D - Sept. 28, 2018 Investigaor Report, #5 Exhibit E - Excerpt of Motion to Suppress Testimony of Eddie Bolden, #6 Exhibit F - Excerpt of Trial Testimony of Clifford Frazier, #7 Exhibit G - State's Attorney's Notes, #8 Exhibit H - Excerpts of Deposition of Angelo Pesavento)(Litoff, Eli)
November 8, 2019 Opinion or Order Filing 336 RESPONSE by James Oliver, Angelo Pesavento, Edward Siwekin Opposition to MOTION by Plaintiff Eddie L. Boldenin limine No. 4 to Preclude Certain Testimony of James Oliver #297 (Attachments: #1 Exhibit A - Oliver Deposition, #2 Exhibit B - FBI Report, #3 Exhibit C - Tipton Report, #4 Exhibit D - State's Answer to Discovery)(Stefanich, Brian)
November 8, 2019 Opinion or Order Filing 335 RESPONSE by James Oliver, Angelo Pesavento, Edward Siwekin Opposition to MOTION by Plaintiff Eddie L. Boldenin limine No. 2 to Bar Reference to Prior Gang Affiliation & Drug Activity #295 (Attachments: #1 Exhibit A - Pesavento Grand Jury Testimony, #2 Exhibit C - FBI Report, #3 Exhibit D - Plaintiff's IDOC Phone Call)(Stefanich, Brian)
November 8, 2019 Opinion or Order Filing 334 RESPONSE by Eddie L. Boldenin Opposition to MOTION by Defendants James Oliver, Angelo Pesavento, Edward Siwekin limine No. 4 to Bar Evidence Based on the Summary Judgment Ruling #311 (Attachments: #1 Exhibit A - June 11, 2019 Transcript of Proceedings, #2 Exhibit B - Feb. 2, 1994 Supplementary Report, #3 Exhibit C - Declaration of Cynthia Steward, #4 Exhibit D - Excerpts of Detective Division Standard Operating Procedures, #5 Exhibit E - Expert Report of William T. Gaut, #6 Exhibit F - Excerpt of Oct. 24, 1996 Report of Proceedings in People v. Bolden, #7 Exhibit G - Jan. 30, 1994 Supplementary Report, #8 Exhibit H - Property Inventory No. 1275322, #9 Exhibit I - Recovered Property Disposition Tracer, #10 Exhibit J - Excerpts of Deposition of Harlan Hansbrough, #11 Exhibit K - CPD General Order 81-1, #12 Exhibit L - Notes of ASA Lynda Peters, #13 Exhibit M - Property Inventory No. 1266045, #14 Exhibit N - June 15, 2018 Email from Counsel for the City of Chicago, #15 Exhibit O - Excerpts of Deposition of Patrick Loftus, #16 Exhibit P - Investigative File Index, #17 Exhibit Q - Excerpts of Deposition of Angelo Pesavento, #18 Exhibit R - July 25, 2018 Email from Counsel for the City of Chicago, #19 Exhibit S - Feb. 27, 1994 Supplementary Report, #20 Exhibit T - Excerpt of Plaintff's First Set of Requests for Production)(Litoff, Eli)
November 8, 2019 Opinion or Order Filing 333 RESPONSE by Eddie L. Boldenin Opposition to MOTION by Defendants James Oliver, Angelo Pesavento, Edward Siwekin limine No. 9 to Bar Reference to CPD's Internal Rules and Regulations #316 (Attachments: #1 Exhibit A - Excerpts of Detective Division Standard Operating Procedures, #2 Exhibit B - Excerpts of Deposition of James Hickey, #3 Exhibit C - Excerpts of Deposition of Angelo Pesavento, #4 Exhibit D - Excerpts of Deposition of Patrick Loftus, #5 Exhibit E - CPD General Order 88-18, #6 Exhibit F - Excerpts of Deposition of Clifford Frazier, #7 Exhibit G - CPD General Order 93-8 Addendum 8, #8 Exhibit H - Excerpt of Defendant Officers' Proposed Jury Instructions)(Litoff, Eli)
November 8, 2019 Opinion or Order Filing 332 RESPONSE by Eddie L. Boldenin Opposition to MOTION by Defendants James Oliver, Angelo Pesavento, Edward Siwekin limine No. 1 to Bar Admission of the Composite Sketch #308 (Attachments: #1 Exhibit A - Plaintiff's Proposed Trial Exhibit 19, #2 Exhibit B - Excerpts of Trial Testimony of Clifford Frazier, #3 Exhibit C - General Progress Report, #4 Exhibit D - Excerpts of Trial Testimony of Michael Baker, #5 Exhibit E - Photograph of Eddie Bolden on Feb. 26, 1994, #6 Exhibit F - Lineup Photos, #7 Exhibit G - Excerpt of Investigative File, #8 Exhibit H - Excerpts of Deposition of Angelo Pesavento, #9 Exhibit I - Arrest Report, #10 Exhibit J - Peters Notes, #11 Exhibit K - Excerpts of Deposition of Lynda Peters, #12 Exhibit L - State's Attorney's Notes, #13 Exhibit M - Excerpts of Deposition of Clifford Frazier, #14 Exhibit N - Investigative File Inventory, #15 Exhibit O - Affidavit of Dale Tipton)(Litoff, Eli)
November 8, 2019 Opinion or Order Filing 331 RESPONSE by Eddie L. Boldenin Opposition to MOTION by Defendants James Oliver, Angelo Pesavento, Edward Siwekin limine No. 11 to Bar the Testimony of Dale Tipton #318 (Attachments: #1 Exhibit A - Nov. 28, 2017 FBI Subpoena, #2 Exhibit B - Willis Report, #3 Exhibit C - Tipton Report, #4 Exhibit D - Sept. 27, 2018 Email from Eli Litoff to Opposing Counsel, #5 Exhibit E - May 1, 2018 Email from Elan Shpigel to Valarie Hays, #6 Exhibit F - June 15, 2018 Email from Elan Shpigel to Eli Litoff, #7 Exhibit G - July 17, 2018 Letter from Tiffany Fordyce to Valarie Hays, #8 Exhibit H - Excerpts of Deposition of Patrick Loftus, #9 Exhibit I - Excerpt of Detective Division Standard Operating Procedures, #10 Exhibit J - July 19, 2018 Transcript of Proceedings)(Litoff, Eli)
November 8, 2019 Opinion or Order Filing 330 RESPONSE by Eddie L. Boldenin Opposition to MOTION by Defendants James Oliver, Angelo Pesavento, Edward Siwekin limine No. 7 to Bar Certain Evidence Related to the Police Investigation #314 (Attachments: #1 Exhibit A - June 11, 2019 Transcript of Proceedings, #2 Exhibit B - Excerpts of Deposition of James Oliver, #3 Exhibit C - Investigative Report, #4 Exhibit D - Excerpts of Deposition of Clifford Frazier, #5 Exhibit E - CPD General Order 88-18, #6 Exhibit F - Excerpts of Deposition of Eddie Bolden, #7 Exhibit G - Excerpts of Deposition of Charles Ingles, #8 Exhibit H - Excerpts of Deposition of Cynthia Steward, #9 Exhibit I - Oliver's Response to Plaintiff's Second RFPs, #10 Exhibit J - Declaration of Cynthia Steward)(Litoff, Eli)
November 8, 2019 Opinion or Order Filing 329 RESPONSE by Eddie L. Boldenin Opposition to MOTION by Defendants James Oliver, Angelo Pesavento, Edward Siwekin limine No. 5 to Bar Certain Testimony from Charles Ingles #312 (Attachments: #1 Exhibit A - Excerpt of Report of Proceedings in People v. Bolden, #2 Exhibit B - Excerpts of Deposition of Angelo Pesavento, #3 Exhibit C - Excerpt of Deposition of Charles Ingles, #4 Exhibit D - CPD General Order 88-18, #5 Exhibit E - Expert Report of William T. Gaut)(Litoff, Eli)
November 8, 2019 Opinion or Order Filing 328 RESPONSE by Eddie L. Boldenin Opposition to MOTION by Defendants James Oliver, Angelo Pesavento, Edward Siwekin limine No. 3 to Bar Certain Evidence Related to Roderick Stewart #310 (Attachments: #1 Exhibit A - Excerpts of Deposition of Roderick Stewart, #2 Exhibit B - Excerpts of Deposition of Raphael Taylor, #3 Exhibit C - Affidavit of Raphael Taylor)(Litoff, Eli)
November 8, 2019 Opinion or Order Filing 327 RESPONSE by Eddie L. Boldenin Opposition to MOTION by Defendants James Oliver, Angelo Pesavento, Edward Siwekin limine No. 2 to Bar Reference to Indemnification #309 (Attachments: #1 Exhibit A - Excerpt of Defendants' Proposed Jury Instructions)(Litoff, Eli)
November 5, 2019 Opinion or Order Filing 326 MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's Unopposed Motion for Leave to File Briefs in Excess of Fifteen Pages in Response to Defendants' Motions in Limine Nos. 4 and 7 (Dckt. No. #324 ) is hereby granted. The motion hearing set for November 7, 2019 is stricken. Mailed notice. (jjr, )
November 4, 2019 Opinion or Order Filing 325 NOTICE of Motion by Eli Joseph Litoff for presentment of motion for leave to file excess pages #324 before Honorable Steven C. Seeger on 11/7/2019 at 09:00 AM. (Litoff, Eli)
November 4, 2019 Opinion or Order Filing 324 MOTION by Plaintiff Eddie L. Bolden for leave to file excess pages in Response to Defendants' Motions in Limine Nos. 4 and 7 (Unopposed Motion) (Litoff, Eli)
October 22, 2019 Opinion or Order Filing 323 MINUTE entry before the Honorable Steven C. Seeger: Status hearing held on October 22, 2019. Counsel discussed the Initial Status Report for Reassigned Case. As explained in open court, for the 25 pending motions in limine, the Court directs the parties to submit two complete sets of all briefs to the courtroom deputy, and do so at the completion of the briefing. Plaintiff will deliver all of the briefs (filed by each side) on its motions in limine - meaning the motion, the response brief, and the reply brief - and Defendants will do the same for their motions in limine. The parties and the Court continued their discussion about selecting a new trial date. The Court reviewed in detail all of the submissions by counsel about their respective availability for trial. The Court has attempted to find the first-available trial date that works for all counsel, without creating significant conflicts such as back-to-back trials for the attorneys. But the process has proven to be a challenge given the anticipated length of the trial, and given counsel's trial calendars in other matters (through no fault of their own). The Court appreciates the good-faith attempt by counsel for the parties to find a mutually acceptable trial date. Jury trial is set for July 13, 2020 at 9:00 a.m. The Court will reserve three weeks. The Court will set pretrial deadlines by separate order. Mailed notice. (jjr, )
October 17, 2019 Opinion or Order Filing 322 MINUTE entry before the Honorable Steven C. Seeger: The initial status hearing is hereby set before Judge Steven C. Seeger on October 22, 2019 at 3:00 p.m. in Courtroom 1725. Mailed notice. (jjr, )
October 11, 2019 Opinion or Order Filing 321 STATUS Report re Joint Proposed Schedule for Pretrial Conferences & Submissions by Eddie L. Bolden (Hays, Valarie)
October 10, 2019 Opinion or Order Filing 320 ATTORNEY Appearance for Defendants James Oliver, Angelo Pesavento by Shawn William Barnett (Barnett, Shawn)
October 10, 2019 Opinion or Order Filing 319 MOTION by Defendants James Oliver, Angelo Pesavento, Edward Siwekin limine #8 CORRECTED (Stefanich, Brian)
October 10, 2019 Opinion or Order Filing 318 MOTION by Defendants James Oliver, Angelo Pesavento, Edward Siwekin limine No. 11 to Bar the Testimony of Dale Tipton (Attachments: #1 Exhibit A - Affidavit of Dale Tipton)(Stefanich, Brian)
October 10, 2019 Opinion or Order Filing 317 MOTION by Defendants James Oliver, Angelo Pesavento, Edward Siwekin limine No. 10 to Bar Certain Testimony of William Gaut (Attachments: #1 Exhibit A - Gaut Report)(Stefanich, Brian)
October 9, 2019 Opinion or Order Filing 316 MOTION by Defendants James Oliver, Angelo Pesavento, Edward Siwekin limine No. 9 to Bar Reference to CPD's Internal Rules and Regulations (Stefanich, Brian)
October 9, 2019 Opinion or Order Filing 315 MOTION by Defendants James Oliver, Angelo Pesavento, Edward Siwekin limine No. 8 to Bar Reference to Plaintiff's Certificate of Innocence (Attachments: #1 Exhibit 1 - Plaintiff Letter, #2 Exhibit 2 - COI Petition, #3 Exhibit 3- ROP COI Hearing)(Stefanich, Brian)
October 9, 2019 Opinion or Order Filing 314 MOTION by Defendants James Oliver, Angelo Pesavento, Edward Siwekin limine No. 7 to Bar Certain Evidence Related to the Police Investigation (Stefanich, Brian)
October 9, 2019 Opinion or Order Filing 313 MOTION by Defendants James Oliver, Angelo Pesavento, Edward Siwekin limine No. 6 to Bar Evidence that Witnesses Were Arrested (Stefanich, Brian)
October 9, 2019 Opinion or Order Filing 312 MOTION by Defendants James Oliver, Angelo Pesavento, Edward Siwekin limine No. 5 to Bar Certain Testimony from Charles Ingles (Stefanich, Brian)
October 9, 2019 Opinion or Order Filing 311 MOTION by Defendants James Oliver, Angelo Pesavento, Edward Siwekin limine No. 4 to Bar Evidence Based on the Summary Judgment Ruling (Stefanich, Brian)
October 9, 2019 Opinion or Order Filing 310 MOTION by Defendants James Oliver, Angelo Pesavento, Edward Siwekin limine No. 3 to Bar Certain Evidence Related to Roderick Stewart (Attachments: #1 Exhibit A - Raphael Taylor Deposition)(Stefanich, Brian)
October 9, 2019 Opinion or Order Filing 309 MOTION by Defendants James Oliver, Angelo Pesavento, Edward Siwekin limine No. 2 to Bar Reference to Indemnification (Stefanich, Brian)
October 9, 2019 Opinion or Order Filing 308 MOTION by Defendants James Oliver, Angelo Pesavento, Edward Siwekin limine No. 1 to Bar Admission of the Composite Sketch (Attachments: #1 Exhibit 1 - Area File Inventory Sheet)(Stefanich, Brian)
October 9, 2019 Opinion or Order Filing 307 MOTION by Plaintiff Eddie L. Boldenin limine No. 5 to Exclude Cynthia Steward's Testimony Based on Speculation & Hearsay - CORRECTED (Attachments: #1 Exhibit A - Excerpts from Steward Deposition, #2 Exhibit B - Excerpts from Rebuttal Closing Argument, #3 Exhibit C - Trial Testimony of Cynthia Steward)(Hays, Valarie)
October 9, 2019 Opinion or Order Filing 306 MOTION by Plaintiff Eddie L. Boldenin limine No. 13 to Permit Plaintiff to Treat CPD Witnesses & Prosecutors as Adverse (Hays, Valarie)
October 9, 2019 Opinion or Order Filing 305 MOTION by Plaintiff Eddie L. Boldenin limine No. 12 to Bar Reference to Disciplinary Decision Against Charles Ingles (Attachments: #1 Exhibit A - Disciplinary Decision)(Hays, Valarie)
October 9, 2019 Opinion or Order Filing 304 MOTION by Plaintiff Eddie L. Boldenin limine No. 11 to Bar Reference to Screenplay (Attachments: #1 Exhibit A - Excerpts from Bolden Deposition)(Hays, Valarie)
October 9, 2019 Opinion or Order Filing 303 MOTION by Plaintiff Eddie L. Boldenin limine No. 10 to Exclude Photographs of Decedents (Attachments: #1 Exhibit A - Defendants' Proposed Exhibit 7, #2 Exhibit B - Excerpts from Defendants' Proposed Exhibit 29)(Hays, Valarie)
October 9, 2019 Opinion or Order Filing 302 MOTION by Plaintiff Eddie L. Boldenin limine No. 9 to Exclude ASA Linda Walls' Speculation & Opinion Testimony (Attachments: #1 Exhibit A - Excerpts from Walls Deposition)(Hays, Valarie)
October 9, 2019 Opinion or Order Filing 301 MOTION by Plaintiff Eddie L. Boldenin limine No. 8 to Bar Reference to Plaintiff's Criminal Trial Strategy (Hays, Valarie)
October 9, 2019 Opinion or Order Filing 300 MOTION by Plaintiff Eddie L. Boldenin limine No. 7 to Bar Reference to Counsel's Involvement in the Gangster Disciples Investigation (Attachments: #1 Exhibit A - Excerpts of Frazier Deposition)(Hays, Valarie)
October 9, 2019 Opinion or Order Filing 299 MOTION by Plaintiff Eddie L. Boldenin limine No. 6 to Bar Reference to Certain Statements Made by Anthony Williams (Hays, Valarie)
October 9, 2019 Opinion or Order Filing 298 MOTION by Plaintiff Eddie L. Boldenin limine No. 5 to Exclude Cynthia Steward's Testimony Based on Speculation & Hearsay (Attachments: #1 Exhibit A - Excerpts from Steward Deposition)(Hays, Valarie)
October 9, 2019 Opinion or Order Filing 297 MOTION by Plaintiff Eddie L. Boldenin limine No. 4 to Preclude Certain Testimony of James Oliver (Attachments: #1 Exhibit A - Excerpts from Pesavento Grand Jury Testimony, #2 Exhibit B - Excerpts from Pesavento Deposition, #3 Exhibit C - Excerpts from Oct. 23, 1996 Trial Transcript, #4 Exhibit D - Excerpts from Foster Deposition, #5 Exhibit E - Motion for Pretrial Discovery, #6 Exhibit F - Excerpts from Oliver Deposition)(Hays, Valarie)
October 9, 2019 Opinion or Order Filing 296 MOTION by Plaintiff Eddie L. Boldenin limine No. 3 to Bar Reference to State Appellate Court Decisions & Trial Court's Witness Credibility Determinations (Hays, Valarie)
October 9, 2019 Opinion or Order Filing 295 MOTION by Plaintiff Eddie L. Boldenin limine No. 2 to Bar Reference to Prior Gang Affiliation & Drug Activity (Hays, Valarie)
October 9, 2019 Opinion or Order Filing 294 MINUTE entry before the Honorable Steven C. Seeger: Telephone status hearing held on 10/9/2019. The parties report that each side will be filing twelve (12) additional motions in limine. The Court sets the following briefing schedule: additional motions in limine shall be filed by 10/09/2019; responses are due by 11/08/2019; replies are due by 11/22/2019. The trial date set for 11/04/2019 by Judge Shah is vacated. The Court directs the parties to confer about the upcoming trial schedule. The parties shall file on the docket a statement of their trial availability through the end of May 2020, and a proposal for the remaining pretrial schedule, by 10/11/2019. The Court will set the remaining pretrial dates by separate order. Mailed notice. (jjr, )
October 8, 2019 Opinion or Order Filing 293 MINUTE entry before the Honorable Steven C. Seeger: A telephonic status hearing is set for 10:00 a.m. on October 9, 2019. If that time creates conflicts for the parties, counsel shall confer and propose an alternate time to the Court. The parties should jointly call chambers to begin the conference. Mailed notice. (jjr, )
October 1, 2019 Opinion or Order Filing 292 STATUS Report for Reassigned Case by Eddie L. Bolden (Litoff, Eli)
September 28, 2019 Opinion or Order Filing 291 MINUTE entry before the Honorable Steven C. Seeger: Telephonic status hearing held on the emergency request for clarification. As stated on the record, by 9/27/2019, the Plaintiff shall file a notice on the docket and attach as an exhibit this week's email communications with the Court. By 9/30/2019, the Plaintiff shall make (but not file) a written settlement demand, and by 10/3/2019, the Defendant shall respond in writing and make a counter-demand. By 10/1/2019, the parties shall exchange proposed stipulations, verdict forms, witness lists, and exhibit lists. By 5:00 p.m. on 10/2/2019, the parties shall exchange proposed jury instructions and a list of anticipated motions in limine. By 10/7/2019, counsel shall meet and confer about the proposed stipulations, verdict forms, witness lists, exhibit lists, jury instructions, and motions in limine. During the meet and confer, counsel also shall confer in good faith about the possibility of settlement. The parties shall file any remaining motions in limine by 10/9/2019. The Court will address the balance of the pretrial schedule by subsequent order. The trial scheduled for 11/4/2019 (Dckt. No. #271 ) remains in place until further order of the Court. Mailed notice (tg, )
September 27, 2019 Opinion or Order Filing 290 NOTICE by Eddie L. Bolden of filing email correspondence (Attachments: #1 Exhibit 1 - Email Correspondence)(Hays, Valarie)
September 27, 2019 Opinion or Order Filing 288 TRANSCRIPT OF PROCEEDINGS held on 01/24/19 before the Honorable Manish S. Shah. Order Number: 36131. Court Reporter Contact Information: Colleen Conway, OCR, colleen_conway@ilnd.uscourts.gov or 312.435.5594. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 10/18/2019. Redacted Transcript Deadline set for 10/28/2019. Release of Transcript Restriction set for 12/26/2019. (Conway, Colleen)
September 27, 2019 Opinion or Order Filing 287 TRANSCRIPT OF PROCEEDINGS held on 11/13/18 before the Honorable Manish S. Shah. Order Number: 36131. Court Reporter Contact Information: Colleen Conway, OCR, colleen_conway@ilnd.uscourts.gov or 312.435.5594. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 10/18/2019. Redacted Transcript Deadline set for 10/28/2019. Release of Transcript Restriction set for 12/26/2019. (Conway, Colleen)
September 26, 2019 Opinion or Order Filing 289 MINUTE entry before the Honorable Steven C. Seeger: Telephonic status hearing held. As stated on the record, the Plaintiff shall file a notice on the docket with the previous email exchanges attached as an exhibit no later than the end of business 9/27/2019. By 9/30/2019 the Plaintiff is to make a written settlement demand and the Defendant should respond in writing by 10/3/2019 with a counterdemand. By 10/1/2019 the parties shall exchange the verdict form, witness lists, exhibit lists, and stipulations. By 5:00 p.m. on 10/2/2019 the parties shall exchanged proposed jury instructions and a list of anticipates motions in limine. By 10/7/2019 counsel shall meet and confer regarding trial materials and possible settlement. All motions in limine are to be filed by 10/9/2019. The trial scheduled for 11/4/2019 remains as scheduled until further order of the Court. Mailed notice (ags, )
September 26, 2019 Opinion or Order Filing 286 MINUTE entry before the Honorable Steven C. Seeger: On September 24, 2019, the Court received (by phone, and by email) an emergency request for clarification of this Court's Standing Order dated September 23, 2019. In light of that request, counsel shall participate in a telephonic status conference on September 26 at 4:00 p.m. Lead counsel shall participate if at all possible. Counsel shall jointly call chambers at (312) 435-5588. Counsel must be prepared to discuss (1) the status of pretrial preparations; (2) their respective abilities to proceed to trial on November 4, as previously ordered by Judge Shah; (3) the availability of other possible trial dates; and (4) the status of settlement discussions, among other possible topics. Mailed notice (ags, )
September 26, 2019 Opinion or Order Filing 285 STATUS Report Regarding Trial Availability by Eddie L. Bolden (Hays, Valarie)
September 23, 2019 Opinion or Order Filing 284 STANDING ORDER dated 9/23/19: This Standing Order applies to all civil cases reassigned to the calendar of District Judge Steven C. Seeger. All previously-set status or motion hearing dates are vacated. Any trials set for September 23, 2019 through October 31, 2019 are cancelled and will be re-set by the Court. Unless otherwise ordered, all other previously-set deadlines and schedules remain intact. The Court will set a date for a reassignment status conference after the parties have filed the joint status report. The Court will address already-pending motions at that conference. The parties are directed not to notice or re-notice any motions, with the exception of emergency motions, before appearing at the reassignment status conference. All emergency motions arising before September 30, 2019 should be noticed before the emergency judge. For all emergency motions arising after September 30, 2019, but before the date of the reassignment conference, the parties are directed to contact chambers at (312) 435-5588. Emergency matters must be true emergencies, meaning that a delay in hearing them would cause serious and irreparable harm to one or more of the parties. To help the Court learn about the case, counsel shall confer, prepare, and file a joint status report by October 1, 2019. If defense counsel has not yet filed an appearance, plaintiff's counsel should prepare the status report. The report shall contain the information requested in the Initial Status Report For Reassigned Case. A Word version of the Initial Status Report is available on Judge Seeger's website at www.ilnd.uscourts.gov. The parties must deliver two (2) copies of the Initial Status Report to the courtroom deputy's drop-box outside room 1728 by October 2, 2019. (See order for further details.) Signed by the Honorable Steven C. Seeger on 9/23/2019: Mailed notice. (sm, )
September 17, 2019 Opinion or Order Filing 283 REPLY by Eddie L. Bolden to response in opposition to motion, #278 (Attachments: #1 Exhibit 1 - Excerpts from Pesavento Deposition, #2 Exhibit 2 - Special Order 86-3, #3 Exhibit 3 - Pesavento Grand Jury Testimony, #4 Exhibit 4 - Excerpts from Beligratis Deposition)(Hays, Valarie)
September 16, 2019 Opinion or Order Filing 282 MINUTE entry before the Honorable Manish S. Shah: This case having been reassigned to Judge Seeger, all dates pending before Judge Shah are stricken. Notices mailed. (psm, )
September 16, 2019 Opinion or Order Filing 281 EXECUTIVE COMMITTEE ORDER: GENERAL ORDER 19-0029 - Pursuant that to the Executive Committee Order entered on September 12, 2019 the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable Steven Seeger; therefore IT IS HEREBY ORDERED that the attached list of 342 cases be reassigned to the Honorable Steven Seeger; and IT IS FURTHER ORDERED that all parties affected by this Order must review the Honorable Stevens webpage on the Courts website for the purpose of reviewing instructions regarding scheduling and case management procedures; and IT IS FURTHER ORDERED that any civil case that has been reassigned pursuant to this Order will not be randomly reassigned to create the initial calendar of a new district judge for twelve months from the date of this Order; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Steven Seeger to the Courts civil case assignment system during the next business day, so that he shall receive a full share of such cases. Case reassigned to the Honorable Steven C. Seeger for all further proceedings. Honorable Manish S. Shah no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 9/16/2019.(nsf, )
September 12, 2019 Opinion or Order Filing 280 ATTORNEY Appearance for Defendants James Oliver, Angelo Pesavento, Edward Siwek by William E. Bazarek (Bazarek, William)
September 12, 2019 Opinion or Order Filing 279 MINUTE entry before the Honorable Manish S. Shah: A hearing is set for 9/13/19 at 9:45 a.m. Counsel may appear in person before Judge Shah in Courtroom 1919, or may appear by telephone by calling: 888-204-5984, and using access code: 9146677. Notices mailed. (psm, )
September 10, 2019 Opinion or Order Filing 278 RESPONSE by James Oliver, Angelo Pesavento, Edward Siwekin Opposition to MOTION by Plaintiff Eddie L. Boldenin limine No. 1 to Bar References to Prior Criminal History #277 (Attachments: #1 Exhibit A - Plaintiff's Letter to Cynthia Steward, #2 Exhibit B - Memorandum Regarding Death Penalty)(Stefanich, Brian)
August 27, 2019 Opinion or Order Filing 277 MOTION by Plaintiff Eddie L. Boldenin limine No. 1 to Bar References to Prior Criminal History (Hays, Valarie)
August 9, 2019 Opinion or Order Filing 276 MEMORANDUM Opinion and Order Signed by the Honorable Manish S. Shah on 8/9/19.Mailed notice(ca, )
August 9, 2019 Opinion or Order Filing 275 MINUTE entry before the Honorable Manish S. Shah: Defendants' motion for summary judgment [241-1] is granted in part, denied in part. Bolden can proceed on his due-process claim as it relates to the unduly suggestive lineup. Defendants are entitled to summary judgment on the rest of the due-process claim and the portions of Counts II and III that derive from it. [For further details see memorandum opinion and order].Mailed notice (ca, )
August 2, 2019 Opinion or Order Filing 274 ATTORNEY Appearance for Defendants James Oliver, Angelo Pesavento, Edward Siwek by Scott J. Jebson (Jebson, Scott)
June 11, 2019 Opinion or Order Filing 273 MINUTE entry before the Honorable Manish S. Shah:Status hearing held. Court advised the parties that it will issue its ruling on the summary judgment motion by mail. Plaintiff's motion in limine as to Plaintiffs prior manslaughter conviction to be filed by 8/27/2019. Defendants response to be filed by 9/10/2019; reply to be filed by 9/17/2019. Any remaining motions in limine are to be filed in a consolidated motion in limine by 10/9/2019; responses to be filed by 10/16/2019. The proposed pretrial order shall be filed on the docket by 10/9/2019. The pretrial order and proposed jury instructions shall also to be emailed to this Court's proposed order email box by 10/9/2019. Pretrial conference set for 10/23/2019 at 1:30 p.m. Mailed notice (mw, )
January 25, 2019 Opinion or Order Filing 272 SUR-REPLY by Plaintiff Eddie L. Bolden in Opposition to Defendants' Motion for Summary Judgment (Attachments: #1 Exhibit A)(Litoff, Eli)
January 24, 2019 Opinion or Order Filing 271 MINUTE entry before the Honorable Manish S. Shah: Status hearing held. Motion hearing held. Defendants' motion for leave to file an oversized reply brief #264 is granted. Plaintiff's motion for leave to file surreply #269 is granted. Jury trial is set for 11/4/19 at 9:30 a.m. The court will reserve three weeks for trial of this case. Pretrial order, motion in limine and proposed jury instruction deadlines will be set after the ruling on summary judgment. Continued status hearing is set for 6/11/19 at 9:30 a.m. Notices mailed. (lf, )
January 17, 2019 Opinion or Order Filing 270 NOTICE of Motion by Eli Joseph Litoff for presentment of motion for leave to file #269 before Honorable Manish S. Shah on 1/24/2019 at 09:30 AM. (Litoff, Eli)
January 17, 2019 Opinion or Order Filing 269 MOTION by Plaintiff Eddie L. Bolden for leave to file Surreply in Opposition to Summary Judgment (Attachments: #1 Exhibit A - Proposed Surreply with Exhibit A attached thereto)(Litoff, Eli)
January 14, 2019 Opinion or Order Filing 268 AMENDED Exhibit D - Plaintiff's State Identification Card-REDACTED (Stefanich, Brian)
January 11, 2019 Opinion or Order Filing 267 REPLY by Defendants James Oliver, Angelo Pesavento, Edward Siwek in Support of the Motion for Summary Judgment (Stefanich, Brian)
January 11, 2019 Opinion or Order Filing 266 RESPONSE by Defendants James Oliver, Angelo Pesavento, Edward Siwek to Rule 56 statement #252 of Additional Facts (Attachments: #1 Appendix Index of Exhibits, #2 Exhibit Roderick Stewart Deposition, #3 Exhibit Talmay Anderson Deposition, #4 Exhibit Plaintiff's Rule 26 Disclosures, #5 Exhibit Plaintiff's State Identification Card, #6 Exhibit Charles Baylom Criminal Trial Testimony, #7 Exhibit George Karl MotionTestimony, #8 Exhibit Joseph Barnes MotionTestimony, #9 Exhibit Kevin Foster Closing Arguments, #10 Exhibit CPD Case Report RD Y-041699)(Stefanich, Brian)
January 11, 2019 Opinion or Order Filing 265 NOTICE of Motion by Brian J Stefanich for presentment of motion for leave to file #264 before Honorable Manish S. Shah on 1/24/2019 at 09:30 AM. (Stefanich, Brian)
January 11, 2019 Opinion or Order Filing 264 MOTION by Defendants James Oliver, Angelo Pesavento, Edward Siwek for leave to file Oversized Reply Brief (Attachments: #1 Exhibit A)(Stefanich, Brian)
December 17, 2018 Opinion or Order Filing 263 MINUTE entry before the Honorable Manish S. Shah: The motion for extension of time to file reply #261 is granted. Defendants' brief in support of their motion for summary judgment is now due 1/11/19. No appearance on the motion is necessary. Status hearing remains set for 1/24/19 at 9:30 a.m. Notices mailed. (psm, )
December 12, 2018 Opinion or Order Filing 262 NOTICE of Motion by Brian J Stefanich for presentment of motion for extension of time to file response/reply #261 before Honorable Manish S. Shah on 12/18/2018 at 09:45 AM. (Stefanich, Brian)
December 12, 2018 Opinion or Order Filing 261 MOTION by Defendants Michael Baker, Joseph Barnes, James Oliver, Angelo Pesavento, Michael Rowan, Edward Siwek, Barbara Temple for extension of time to file response/reply (Stefanich, Brian)
November 13, 2018 Opinion or Order Filing 260 MINUTE entry before the Honorable Manish S. Shah: Status hearing held. For the reasons stated in open court, Plaintiff Eddie L. Bolden's motion for leave to file excess pages and additional facts #248 is granted. Plaintiff's reply date is extended to 12/18/18. Status hearing continued to 1/24/19 at 9:30 a.m. Notices mailed. (jk, )
November 13, 2018 Opinion or Order Filing 259 AMENDED Plaintiff's Summary Judgment Exhibits 5, 6, 37, and 41 (Attachments: #1 Exhibit 5 (Amended), #2 Exhibit 6 (Amended), #3 Exhibit 37 (Amended), #4 Exhibit 41 (Amended))(Litoff, Eli)
November 6, 2018 Opinion or Order Filing 258 AMENDED Plaintiff's Summary Judgment Exhibits 92 and 93 (Attachments: #1 Exhibit 92 (Amended), #2 Exhibit 93 (Amended))(Litoff, Eli)
November 6, 2018 Opinion or Order Filing 257 Plaintiff's Summary Judgment Exhibits (Volume 4) by Eddie L. Bolden (Attachments: #1 Exhibit 76, #2 Exhibit 77, #3 Exhibit 78, #4 Exhibit 79, #5 Exhibit 80, #6 Exhibit 81, #7 Exhibit 82, #8 Exhibit 83, #9 Exhibit 84, #10 Exhibit 85, #11 Exhibit 86, #12 Exhibit 87, #13 Exhibit 88, #14 Exhibit 89, #15 Exhibit 90, #16 Exhibit 91, #17 Exhibit 93, #18 Exhibit 94, #19 Exhibit 95, #20 Exhibit 96, #21 Exhibit 97, #22 Exhibit 98, #23 Exhibit 99, #24 Exhibit 100, #25 Exhibit 101, #26 Exhibit 102, #27 Exhibit 103, #28 Exhibit 104, #29 Exhibit 105, #30 Exhibit 106, #31 Exhibit 107, #32 Exhibit 108, #33 Exhibit 109, #34 Exhibit 110, #35 Notice of Filing 111, #36 Exhibit 112, #37 Exhibit 113)(Litoff, Eli)
November 6, 2018 Opinion or Order Filing 256 Plaintiff's Summary Judgment Exhibits (Volume 3) by Eddie L. Bolden (Attachments: #1 Exhibit 51, #2 Exhibit 52, #3 Exhibit 53, #4 Exhibit 54, #5 Exhibit 55, #6 Exhibit 56, #7 Exhibit 57, #8 Exhibit 58, #9 Exhibit 59, #10 Exhibit 60, #11 Exhibit 61, #12 Exhibit 62, #13 Exhibit 63, #14 Exhibit 64, #15 Exhibit 65, #16 Exhibit 66, #17 Exhibit 67, #18 Exhibit 68, #19 Exhibit 69, #20 Exhibit 70, #21 Exhibit 71, #22 Exhibit 72, #23 Exhibit 73, #24 Exhibit 74, #25 Exhibit 75)(Litoff, Eli)
November 6, 2018 Opinion or Order Filing 255 Plaintiff's Summary Judgment Exhibits (Volume 2) by Eddie L. Bolden (Attachments: #1 Exhibit 26, #2 Exhibit 27, #3 Exhibit 28, #4 Exhibit 29, #5 Exhibit 30, #6 Exhibit 31, #7 Exhibit 32, #8 Exhibit 33, #9 Exhibit 34, #10 Exhibit 35, #11 Exhibit 36, #12 Exhibit 37, #13 Exhibit 38, #14 Exhibit 39, #15 Exhibit 40, #16 Exhibit 41, #17 Exhibit 42, #18 Exhibit 43, #19 Exhibit 44, #20 Exhibit 45, #21 Exhibit 46, #22 Exhibit 47, #23 Exhibit 48, #24 Exhibit 49, #25 Exhibit 50)(Litoff, Eli)
November 6, 2018 Opinion or Order Filing 254 Plaintiff's Summary Judgment Exhibits (Volume 1) by Eddie L. Bolden (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25)(Litoff, Eli)
November 6, 2018 Opinion or Order Filing 253 MEMORANDUM by Eddie L. Bolden In Opposition to Defendant Officers' Motion for Summary Judgment (Litoff, Eli)
November 5, 2018 Opinion or Order Filing 252 RULE 56 56.1(b)(3)(C) Statement Plaintiff's Statement of Additional Facts in Opposition to Summary Judgment (Litoff, Eli)
November 5, 2018 Opinion or Order Filing 251 RULE 56 56.1(b)(3)(A)-(B) Statement Plaintiff's Response to Defendants' Statement of Undisputed Facts (Litoff, Eli)
November 5, 2018 Opinion or Order Filing 250 ANSWER to Complaint with Jury Demand Plaintiff's Third Amended Complaint by James Oliver, Angelo Pesavento, Edward Siwek(Stefanich, Brian)
November 5, 2018 Opinion or Order Filing 249 Unopposed NOTICE of Motion by Eli Joseph Litoff for presentment of motion for leave to file excess pages #248 before Honorable Manish S. Shah on 11/15/2018 at 09:45 AM. (Litoff, Eli)
November 5, 2018 Opinion or Order Filing 248 MOTION by Plaintiff Eddie L. Bolden for leave to file excess pages and Additional Facts (Unopposed Motion) (Litoff, Eli)
October 22, 2018 Opinion or Order Filing 247 MINUTE entry before the Honorable Manish S. Shah: The motion for leave to file excess pages #241 is granted. No appearance on the motion is necessary. Notices mailed. (psm, )
October 19, 2018 Opinion or Order Filing 246 ANSWER to amended complaint by City Of Chicago(Flynn, Kyle)
October 17, 2018 Opinion or Order Filing 245 AMENDED Rule 56 statement,,,, #243 Exhibit 39 (Stefanich, Brian)
October 15, 2018 Opinion or Order Filing 244 MEMORANDUM by James Oliver, Angelo Pesavento, Edward Siwek in support of motion for leave to file excess pages #241 (Stefanich, Brian)
October 15, 2018 Opinion or Order Filing 243 RULE 56 (c)(1) Statement by James Oliver, Michael Rowan, Edward Siwek regarding motion for leave to file excess pages #241 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit, #33 Exhibit, #34 Exhibit, #35 Exhibit, #36 Exhibit, #37 Exhibit, #38 Exhibit, #39 Exhibit, #40 Exhibit, #41 Exhibit, #42 Exhibit, #43 Exhibit, #44 Exhibit, #45 Exhibit, #46 Exhibit, #47 Exhibit, #48 Exhibit, #49 Exhibit, #50 Exhibit, #51 Exhibit, #52 Exhibit, #53 Exhibit, #54 Exhibit)(Stefanich, Brian)
October 15, 2018 Opinion or Order Filing 242 AGREED NOTICE of Motion by Barrett Elizabeth Boudreaux for presentment of motion for leave to file excess pages #241 before Honorable Manish S. Shah on 10/23/2018 at 09:45 AM. (Boudreaux, Barrett)
October 15, 2018 Opinion or Order Filing 241 MOTION by Defendants James Oliver, Angelo Pesavento, Edward Siwek for leave to file excess pages AGREED (Attachments: #1 Exhibit A)(Boudreaux, Barrett)
October 15, 2018 Opinion or Order Filing 240 Individual Defendants' ANSWER to amended complaint (third) by James Oliver, Angelo Pesavento, Edward Siwek(Boudreaux, Barrett)
October 10, 2018 Opinion or Order Filing 239 MINUTE entry before the Honorable Manish S. Shah: The motion to withdraw as attorney #238 is granted. Mohammed Khan is terminated as counsel of record. No appearance on the motion is necessary. Notices mailed. (psm, )
October 5, 2018 Opinion or Order Filing 238 MOTION by Attorney Mohammed Khan to withdraw as attorney for Michael Baker, Joseph Barnes, James Oliver, Angelo Pesavento, Edward Siwek. No party information provided (Khan, Mohammed) (Khan, Mohammed) Modified on 10/9/2018 (tt, ).
October 5, 2018 Opinion or Order Filing 237 NOTICE of Motion by Mohammed Khan for presentment of motion to withdraw as attorney before Honorable Manish S. Shah on 10/11/2018 at 09:45 AM. (Khan, Mohammed) Modified on 10/9/2018 (tt, ).
September 25, 2018 Opinion or Order Filing 236 Third AMENDED complaint by Eddie L. Bolden against City Of Chicago, James Oliver, Angelo Pesavento, Edward Siwek and terminating As-Yet Unknown Current or Former Employees of the City of Chicago and Michael Baker (Litoff, Eli)
September 24, 2018 Opinion or Order Filing 235 MINUTE entry before the Honorable Manish S. Shah:The motion for extension of time #231 is granted. Defendant Officers' motion for summary judgment is now due 10/15/18. Plaintiff's response is due 11/5/18; defendants' reply 12/3/18. The motion for leave to file an amended complaint #233 is granted. Plaintiff is directed to file the third amended complaint as a separate entry on the court's docket. Defendants must answer the complaint by 10/15/18. No appearance on the motions is necessary. Notices mailed. (psm, )
September 24, 2018 Opinion or Order Filing 234 NOTICE of Motion by Eli Joseph Litoff for presentment of motion for miscellaneous relief #233 before Honorable Manish S. Shah on 9/27/2018 at 09:45 AM. (Litoff, Eli)
September 24, 2018 Opinion or Order Filing 233 MOTION by Plaintiff Eddie L. Bolden to Dismiss Defendant Baker and for Leave to File Third Amended Complaint (Unopposed) (Attachments: #1 Exhibit A - Proposed Third Amended Complaint)(Litoff, Eli)
September 20, 2018 Opinion or Order Filing 232 NOTICE of Motion by Brian J Stefanich for presentment of extension of time #231 before Honorable Manish S. Shah on 9/27/2018 at 09:45 AM. (Stefanich, Brian)
September 20, 2018 Opinion or Order Filing 231 MOTION by Defendants Michael Baker, James Oliver, Angelo Pesavento, Edward Siwek for extension of time to file Defendant Officers' Opening Brief (Stefanich, Brian)
September 19, 2018 Opinion or Order Filing 230 MINUTE entry before the Honorable Manish S. Shah: Plaintiff advises the court that the motion to compel #225 is withdrawn. No appearance on 9/20/18 is necessary and the motion hearing is stricken. Notices mailed. (psm, )
September 19, 2018 Opinion or Order Filing 229 MINUTE entry before the Honorable Manish S. Shah: The previous minute entry is amended to read that the hearing on plaintiff's motion to compel #225 on 9/20/18 is reset to 9:30 a.m. Notices mailed. (psm, )
September 19, 2018 Opinion or Order Filing 228 MINUTE entry before the Honorable Manish S. Shah: Hearing set for 9/20/18 on plaintiff's motion to compel #225 is reset to 9:45 a.m. Please note, this is only a change of time. Notices mailed. (psm, )
September 17, 2018 Opinion or Order Filing 227 ATTORNEY Appearance for Defendant City Of Chicago by Kyle L Flynn (Flynn, Kyle)
September 17, 2018 Opinion or Order Filing 226 NOTICE of Motion by Eli Joseph Litoff for presentment of motion to compel, #225 before Honorable Manish S. Shah on 9/20/2018 at 09:45 AM. (Litoff, Eli)
September 17, 2018 Opinion or Order Filing 225 MOTION by Plaintiff Eddie L. Bolden to compel the Deposition of James Hickey (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Litoff, Eli)
September 6, 2018 Opinion or Order Filing 224 MINUTE entry before the Honorable Manish S. Shah: The rule to show cause having been heard and discharged on 8/29/18, the status hearing on 9/7/18 is stricken and no appearance is necessary. Status hearing remains set for 11/13/18 at 9:30 a.m. Notices mailed. (psm, )
August 30, 2018 Opinion or Order Filing 222 TRANSCRIPT OF PROCEEDINGS held on 07/19/18 before the Honorable Manish S. Shah. Order Number: 31973. Court Reporter Contact Information: Colleen Conway, 312.435.5594 or colleen_conway@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 9/20/2018. Redacted Transcript Deadline set for 10/1/2018. Release of Transcript Restriction set for 11/28/2018. (Conway, Colleen)
August 29, 2018 Opinion or Order Filing 223 MINUTE entry before the Honorable Manish S. Shah: Rule to show cause hearing held. Cynthia Steward appears in response to her arrest on the body attachment and is ordered to sit for her deposition the week of 9/3/18 on a mutually agreeable date and time. The deposition shall be placed under the constraints of the existing protective order in this case. The rule to show cause is released and Cynthia Steward shall be released by the U.S. Marshal Service immediately. Notices mailed. (psm, )
August 28, 2018 Opinion or Order Filing 221 LIMITED Consent for Entry of Judgment Against Defendant City of Chicago. (psm, )
August 28, 2018 Opinion or Order Filing 220 MINUTE entry before the Honorable Manish S. Shah: The motion for entry of limited consent #218 is granted. Enter Consent. No appearance on the motion is necessary. Notices mailed. (psm, )
August 20, 2018 Opinion or Order Filing 219 NOTICE of Motion by Eli Joseph Litoff for presentment of motion for miscellaneous relief #218 before Honorable Manish S. Shah on 8/29/2018 at 09:45 AM. (Litoff, Eli)
August 20, 2018 Opinion or Order Filing 218 MOTION by Plaintiff Eddie L. Bolden for Entry of Limited Consent (Agreed Motion) (Attachments: #1 Exhibit A - Limited Consent for Entry of Judgment Against Defendant City of Chicago)(Litoff, Eli)
August 14, 2018 Opinion or Order Filing 217 MINUTE entry before the Honorable Manish S. Shah: All parties shall disclose affirmative experts by 9/28/18; depositions of affirmative experts shall be completed by 10/26/18; rebuttal experts shall be disclosed by 11/30/18; depositions of rebuttal experts shall be completed by 1/14/19. The parties may adjust the expert discovery schedule by agreement. The individual defendants' motion for summary judgment shall be filed by 10/1/18, responses due 11/5/18; replies due 12/3/18. The court will not set a trial date until after it reviews the motions for summary judgment and the responses. A status hearing is set for 11/13/18 at 9:30 a.m. Notices mailed. (psm, )
August 10, 2018 Opinion or Order Filing 216 MINUTE entry before the Honorable Manish S. Shah: The motion to withdraw as attorney #214 is granted. Valerie Brummel is terminated as counsel of record. No appearance on the motion is necessary. Notices mailed. (psm, )
August 2, 2018 Opinion or Order Filing 215 NOTICE of Motion by Valerie Brummel for presentment of motion to withdraw as attorney #214 before Honorable Manish S. Shah on 8/14/2018 at 09:45 AM. (Brummel, Valerie)
August 2, 2018 Opinion or Order Filing 214 MOTION by Attorney Valerie Brummel to withdraw as attorney for Eddie L. Bolden. No party information provided (Brummel, Valerie)
July 19, 2018 Opinion or Order Filing 213 MINUTE entry before the Honorable Manish S. Shah: Status hearing held. Defendant City of Chicago is directed to complete the 30(b)(6) depositions by 8/31/18. For the reasons stated in open court, the Monell claim is bifurcated from the claims against the individual defendants and stayed. The parties are directed to meet and confer and shall contact the courtroom deputy at susan_mcclintic@ilnd.uscourts.gov with a proposed expert and dispositive motion schedule. If unable to agree, the parties may submit competing schedules. The body attachment as to Cynthia Steward is continued to the next status hearing date which is set for 9/7/18 at 9:45 a.m. Notices mailed. (psm, )
July 12, 2018 Opinion or Order Filing 212 STATUS Report by Eddie L. Bolden (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D)(Litoff, Eli)
June 27, 2018 Opinion or Order Filing 211 ORDER. Signed by the Honorable Manish S. Shah on 6/27/2018: Plaintiff's motion to compel #204 is granted in part, denied in part. The status hearing on July 19, 2018, is reset to 10:30 a.m. [For further detail see attached order.] Notices mailed. (psm, )
June 26, 2018 Opinion or Order Filing 210 MINUTE entry before the Honorable Manish S. Shah: Motion hearing held. For the reasons stated in open court, plaintiff's motion to compel #204 is taken under advisement. The court will issue a ruling via cm/ecf. Status hearing remains set for 7/19/18 at 9:30 a.m. Notices mailed. (psm, )
June 26, 2018 Opinion or Order Filing 209 REPLY by Eddie L. Bolden to MOTION by Plaintiff Eddie L. Bolden to compel the City of Chicago's 30(b)(6) Depositions #204 , Response #208 (Hays, Valarie)
June 25, 2018 Opinion or Order Filing 208 RESPONSE by Defendant City Of Chicago to motion to compel, #204 (Attachments: #1 Exhibit)(Gibbons, John)
June 22, 2018 Opinion or Order Filing 207 MINUTE entry before the Honorable Manish S. Shah: The hearing on 6/26/18 regarding plaintiff's motion to compel #204 is reset to 9:15 a.m. Please note, this is only a change of time. Notices mailed. (psm, )
June 21, 2018 Opinion or Order Filing 206 TRANSCRIPT OF PROCEEDINGS held on 05/09/18 before the Honorable Manish S. Shah. Order Number: 31223. Court Reporter Contact Information: Colleen Conway, 312.435.5594 or colleen_conway@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 7/12/2018. Redacted Transcript Deadline set for 7/23/2018. Release of Transcript Restriction set for 9/19/2018. (Conway, Colleen)
June 20, 2018 Opinion or Order Filing 205 NOTICE of Motion by Eli Joseph Litoff for presentment of motion to compel, #204 before Honorable Manish S. Shah on 6/26/2018 at 09:45 AM. (Litoff, Eli)
June 20, 2018 Opinion or Order Filing 204 MOTION by Plaintiff Eddie L. Bolden to compel the City of Chicago's 30(b)(6) Depositions (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I)(Litoff, Eli)
June 19, 2018 Opinion or Order Filing 203 MINUTE entry before the Honorable Manish S. Shah: The motion to withdraw as attorney #197 , #199 is granted, the unopposed motion to dismiss #201 is granted, and no appearance on these motions is necessary. The appearance of attorney Elan Arthur Shpigel is terminated, and defendants Barnes, Rowan, and Temple are dismissed with prejudice. (mss)
June 14, 2018 Opinion or Order Filing 202 NOTICE of Motion by Eli Joseph Litoff for presentment of motion to dismiss #201 before Honorable Manish S. Shah on 6/27/2018 at 09:45 AM. (Litoff, Eli)
June 14, 2018 Opinion or Order Filing 201 MOTION by Plaintiff Eddie L. Bolden to dismiss Defendants Barnes, Rowan, and Temple (Unopposed) (Litoff, Eli)
June 13, 2018 Opinion or Order Filing 200 NOTICE of Motion by Elan Arthur Shpigel for presentment of motion to withdraw as attorney #199 before Honorable Manish S. Shah on 6/21/2018 at 09:45 AM. (Shpigel, Elan)
June 13, 2018 Opinion or Order Filing 199 MOTION by Attorney Elan Shpigel to withdraw as attorney for City Of Chicago. No party information provided (Shpigel, Elan)
June 13, 2018 Opinion or Order Filing 198 NOTICE of Motion by Tiffany S. Fordyce for presentment of motion to withdraw as attorney #197 before Honorable Manish S. Shah on 6/21/2018 at 09:45 AM. (Fordyce, Tiffany)
June 13, 2018 Opinion or Order Filing 197 MOTION by Attorney Elan Shpigel to withdraw as attorney for City Of Chicago. No party information provided (Fordyce, Tiffany)
June 11, 2018 Opinion or Order Filing 195 ORDER for Body Attachment. Signed by the Honorable Manish S. Shah on 6/11/2018. Mailed notice. (pk, )
May 29, 2018 Opinion or Order Filing 194 MINUTE entry before the Honorable Manish S. Shah: Show cause hearing held. Cynthia Steward does not appear in response to the court's Rule to Show Cause. The parties report Cynthia Steward did not sit for her deposition. For the reasons stated in open court, defendant officers' oral request for issuance of a writ of body attachment is granted. A writ of body attachment shall issue to Cynthia Steward so that she may be brought before a judicial officer to explain why she should not be held in contempt of court for her failure to comply with this court's order and to sit for her deposition. Counsel for the defendant officers shall submit a proposed writ and order to proposed_order_shah@ilnd.uscourts.gov. The parties are directed to state whether they intend to file any dispositive motions based on the conclusion of fact discovery in the status report, which remains due 7/12/18. The writ of body attachment shall be returnable for an in-court hearing date of 7/19/18 at 9:30 a.m., which coincides with the previously set status hearing. Notices mailed. (psm, )
May 25, 2018 Opinion or Order Filing 193 MINUTE entry before the Honorable Manish S. Shah: The motion to withdraw as counsel #191 is granted. Matthew Hurd is terminated as counsel of record. No appearance on the motion is necessary. Notices mailed. (psm, )
May 23, 2018 Opinion or Order Filing 192 NOTICE of Motion by Matthew Alan Hurd for presentment of motion to withdraw #191 before Honorable Manish S. Shah on 5/29/2018 at 10:30 AM. (Hurd, Matthew)
May 23, 2018 Opinion or Order Filing 191 MOTION by Defendants Michael Baker, Joseph Barnes, James Oliver, Angelo Pesavento, Michael Rowan, Edward Siwek to withdraw (Hurd, Matthew)
May 14, 2018 Opinion or Order Filing 190 NOTICE by Emily Wessel Farr of Change of Address (Farr, Emily)
May 9, 2018 Opinion or Order Filing 189 MINUTE entry before the Honorable Manish S. Shah: Status hearing held. Motion hearing held. Defendants' motions for rule to show cause #182 #183 #184 #185 #186 #187 are granted. Cynthia Steward is ordered to sit for a deposition by 5/24/18 or show cause why she should not be held in contempt. Show cause hearing is set for 5/29/18 at 10:30 a.m. No appearance by Ms. Steward will be necessary if her deposition has been completed. The 6/8/18 fact discovery deadline remains as set. Any previously noticed fact discovery may continue by agreement of the parties. By 7/12/18, the parties shall file a status report with a proposed expert discovery schedule, as well as any proposal for Monell discovery. Continued status hearing is set for 7/19/18 at 9:30 a.m. Notices mailed. (psm, )
May 2, 2018 Opinion or Order Filing 188 NOTICE of Motion by Brian J Stefanich for presentment of motion for rule to show cause #184 , motion for rule to show cause #182 , motion for rule to show cause #183 , motion for rule to show cause #187 , motion for rule to show cause #186 , motion for rule to show cause #185 before Honorable Manish S. Shah on 5/9/2018 at 10:30 AM. (Attachments: #1 Exhibit Motion for Rule to Show Cause against Cynthia Steward, #2 Exhibit A, #3 Exhibit B)(Stefanich, Brian)
May 2, 2018 Opinion or Order Filing 187 MOTION by Defendants James Oliver, Personal Representative of the Estate of George Karl, Barbara Temple for rule to show cause against Cynthia Steward (Attachments: #1 Exhibit A, #2 Exhibit B)(Stefanich, Brian)
May 2, 2018 Opinion or Order Filing 186 MOTION by Defendant Edward Siwek for rule to show cause against Cynthia Steward (Attachments: #1 Exhibit A, #2 Exhibit B)(Stefanich, Brian)
May 2, 2018 Opinion or Order Filing 185 MOTION by Defendant Michael Rowan for rule to show cause against Cynthia Steward (Attachments: #1 Exhibit A, #2 Exhibit B)(Stefanich, Brian)
May 2, 2018 Opinion or Order Filing 184 MOTION by Defendant Angelo Pesavento for rule to show cause against Cynthia Steward (Attachments: #1 Exhibit A, #2 Exhibit B)(Stefanich, Brian)
May 2, 2018 Opinion or Order Filing 183 MOTION by Defendant Joseph Barnes for rule to show cause against Cynthia Steward (Attachments: #1 Exhibit A, #2 Exhibit B)(Stefanich, Brian)
May 2, 2018 Opinion or Order Filing 182 MOTION by Defendant Michael Baker for rule to show cause against Cynthia Steward (Attachments: #1 Exhibit A, #2 Exhibit B)(Stefanich, Brian)
April 16, 2018 Opinion or Order Filing 181 MINUTE entry before the Honorable Manish S. Shah: The motion to withdraw as attorney #179 is granted. Alexander Walter Tapling is terminated as counsel of record. Notices mailed. (psm, )
April 13, 2018 Opinion or Order Filing 180 NOTICE of Motion by Alexander Walter Tapling for presentment of motion to withdraw as attorney #179 before Honorable Manish S. Shah on 4/18/2018 at 09:45 AM. (Tapling, Alexander)
April 13, 2018 Opinion or Order Filing 179 MOTION by Attorney Alexander W. Tapling to withdraw as attorney for Michael Baker, Joseph Barnes, James Oliver, Angelo Pesavento, Michael Rowan, Edward Siwek. No party information provided (Tapling, Alexander)
March 21, 2018 Opinion or Order Filing 178 NOTICE by Michael Baker, Joseph Barnes, James Oliver, Angelo Pesavento, Michael Rowan, Edward Siwek re amended answer to complaint #177 (Tapling, Alexander)
March 21, 2018 Opinion or Order Filing 177 AMENDED Answer by Michael Baker, Joseph Barnes, James Oliver, Angelo Pesavento, Michael Rowan, Edward Siwek to Eddie Bolden's Second amended complaint, #170 (Tapling, Alexander)
March 20, 2018 Opinion or Order Filing 176 TRANSCRIPT OF PROCEEDINGS held on 02/14/18 before the Honorable Manish S. Shah. Order Number: 30012. Court Reporter Contact Information: Colleen Conway, 312.435.5594 or colleen_conway@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 4/10/2018. Redacted Transcript Deadline set for 4/20/2018. Release of Transcript Restriction set for 6/18/2018. (Conway, Colleen)
March 1, 2018 Opinion or Order Filing 175 ANSWER to amended complaint - Response to Second Amended Complaint by City Of Chicago(Shpigel, Elan)
March 1, 2018 Opinion or Order Filing 174 NOTICE by Michael Baker, Joseph Barnes, James Oliver, Angelo Pesavento, Michael Rowan, Edward Siwek re answer to amended complaint #173 (Tapling, Alexander)
March 1, 2018 Opinion or Order Filing 173 ANSWER to amended complaint by Michael Baker, Joseph Barnes, James Oliver, Angelo Pesavento, Michael Rowan, Edward Siwek(Tapling, Alexander)
March 1, 2018 Opinion or Order Filing 172 ANSWER to amended complaint by Barbara Temple (Attachments: #1 Notice of Filing)(Palles, Eric)
February 15, 2018 Opinion or Order Filing 171 ORDER. Signed by the Honorable Manish S. Shah on 2/15/2018: The City of Chicago's motion to bifurcate and stay plaintiff's Monell claim #152 is granted in part, denied in part. [For further detail see attached order.] Notices mailed. (psm, )
February 15, 2018 Opinion or Order Filing 170 Second AMENDED complaint by Eddie L. Bolden against As-Yet Unknown Current or Former Employees of the City of Chicago, Michael Baker, Joseph Barnes, City Of Chicago, James Oliver, Angelo Pesavento, Michael Rowan, Edward Siwek, Barbara Temple (Litoff, Eli)
February 15, 2018 Opinion or Order Filing 169 STIPULATION as to Dismissal of Michael Kill (Litoff, Eli)
February 14, 2018 Opinion or Order Filing 168 ORDER. Signed by the Honorable Manish S. Shah on 2/14/2018. Notices mailed. (psm, )
February 14, 2018 Opinion or Order Filing 167 MINUTE entry before the Honorable Manish S. Shah: Status hearing held. Motion hearing held. The motion for leave to proceed pursuant to stipulation as to defendant Michael Kill #159 is granted. Enter Order. Plaintiff's motion for leave to file a second amended complaint #157 is granted. The second amended complaint is due 2/15/18. Defendants must respond by 3/1/18. The motions for leave to file reply and surr-reply instanter #161 #165 are granted, and no appearance is necessary on 2/20/18. Those replies need not be filed as separate entries on the court's docket. The court will issue a ruling on defendant City of Chicago's renewed motion to bifurcate and stay plaintiff's Monell Claim #152 via cm/ecf. Continued status hearing is set for 5/9/18 at 10:30 a.m. Notices mailed. (psm, )
February 13, 2018 Opinion or Order Filing 166 NOTICE of Motion by Eli Joseph Litoff for presentment of motion for leave to file #165 before Honorable Manish S. Shah on 2/20/2018 at 09:45 AM. (Litoff, Eli)
February 13, 2018 Opinion or Order Filing 165 MOTION by Plaintiff Eddie L. Bolden for leave to file Instanter Surreply in Opposition to the City of Chicago's Renewed Motion to Bifurcate Plaintiff's Monell Claim (Attachments: #1 Exhibit A - Proposed Surreply)(Litoff, Eli)
February 13, 2018 Opinion or Order Filing 164 MINUTE entry before the Honorable Manish S. Shah: All motion hearings on 2/14/18 will be held at 10:30 a.m., to coincide with the previously set status hearing. Notices mailed. (psm, )
February 13, 2018 Opinion or Order Filing 163 NOTICE of Motion by Elan Arthur Shpigel for presentment of motion for leave to file #161 before Honorable Manish S. Shah on 2/14/2018 at 10:30 AM. (Shpigel, Elan)
February 13, 2018 Opinion or Order Filing 162 NOTICE of Motion by Elan Arthur Shpigel for presentment of motion for leave to file #161 before Honorable Manish S. Shah on 2/14/2018 at 10:00 AM. (Shpigel, Elan)
February 12, 2018 Opinion or Order Filing 161 MOTION by Defendant City Of Chicago for leave to file Instanter Reply in Support of its Renwed Motion to Bifurcate Plaintiffs Monell Claims (Attachments: #1 Exhibit A-B)(Shpigel, Elan)
February 7, 2018 Opinion or Order Filing 160 NOTICE of Motion by Eli Joseph Litoff for presentment of motion for miscellaneous relief, #159 before Honorable Manish S. Shah on 2/14/2018 at 09:45 AM. (Litoff, Eli)
February 7, 2018 Opinion or Order Filing 159 MOTION by Plaintiff Eddie L. BoldenAgreed Motion for Leave to Proceed Pursuant to Stipulation (Attachments: #1 Exhibit Exhibit A - Stipulation as to Dismissal of Michael Kill, #2 Text of Proposed Order Exhibit B - Proposed Order)(Litoff, Eli)
February 2, 2018 Opinion or Order Filing 158 NOTICE of Motion by Eli Joseph Litoff for presentment of motion for leave to file #157 before Honorable Manish S. Shah on 2/14/2018 at 09:45 AM. (Litoff, Eli)
February 2, 2018 Opinion or Order Filing 157 MOTION by Plaintiff Eddie L. Bolden for leave to file Second Amended Complaint (Unopposed) (Attachments: #1 Exhibit A - Second Amended Complaint)(Litoff, Eli)
January 31, 2018 Opinion or Order Filing 156 RESPONSE by Eddie L. Boldenin Opposition to MOTION by Defendant City Of Chicago to bifurcate MOTION by Defendant City Of Chicago to stay - Defendant City of Chicago's Renewed Motion to Bifurcate and Stay Plaintiff's Monell Claim #152 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Litoff, Eli)
January 26, 2018 Opinion or Order Filing 155 ATTORNEY Appearance for Defendants Michael Baker, Joseph Barnes, James Oliver, Angelo Pesavento, Michael Rowan, Edward Siwek by Celeste Stewart Stack (Stack, Celeste)
January 18, 2018 Opinion or Order Filing 154 EXHIBIT by Defendant City Of Chicago /Corrected Exhibits A-Q regarding memorandum in support of motion #153 (Shpigel, Elan)
January 17, 2018 Opinion or Order Filing 153 MEMORANDUM by City Of Chicago in support of motion to bifurcate,, motion to stay, #152 (Attachments: #1 Exhibit)(Shpigel, Elan)
January 17, 2018 Opinion or Order Filing 152 MOTION by Defendant City Of Chicago to bifurcate , MOTION by Defendant City Of Chicago to stay - Defendant City of Chicago's Renewed Motion to Bifurcate and Stay Plaintiff's Monell Claim (Attachments: #1 Exhibit)(Shpigel, Elan)
January 16, 2018 Opinion or Order Filing 151 ATTORNEY Appearance for Defendant Barbara Temple by Steven Shobat (Shobat, Steven)
January 11, 2018 Opinion or Order Filing 150 TRANSCRIPT OF PROCEEDINGS held on 01/11/18 before the Honorable Manish S. Shah. Order Number: 29575. Court Reporter Contact Information: Colleen Conway, 312.435.5594 or colleen_conway@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 2/1/2018. Redacted Transcript Deadline set for 2/12/2018. Release of Transcript Restriction set for 4/11/2018. (Conway, Colleen)
January 11, 2018 Opinion or Order Filing 149 MINUTE entry before the Honorable Manish S. Shah: Status hearing held. The motion to dismiss defendant Hicks without prejudice #147 is granted. Defendant Hicks if terminated as a party to this case. For the reasons stated in open court, defendants' motion for extension of discovery #143 is granted. The fact discovery deadline, on all issues, is extended to 6/8/18. Defendant City of Chicago's motion to bifurcate is due 1/17/18. Plaintiff's response is due 1/31/18. Continued status hearing is set for 2/14/18 at 10:30 a.m. Notices mailed. (psm, )
January 10, 2018 Opinion or Order Filing 148 NOTICE of Motion by Eli Joseph Litoff for presentment of motion to dismiss #147 before Honorable Manish S. Shah on 1/16/2018 at 09:45 AM. (Litoff, Eli)
January 10, 2018 Opinion or Order Filing 147 MOTION by Plaintiff Eddie L. Bolden to dismiss Defendant Edward Hicks (Litoff, Eli)
January 10, 2018 Opinion or Order Filing 146 RESPONSE by Plaintiff Eddie L. Bolden to motion for extension of time to complete discovery #143 (Attachments: #1 Exhibit A - August 30, 2017 email from Elan Shpigel to Nathan Howze, et al., #2 Exhibit B - December 11, 2017 letter from Eli Litoff to Elan Shpigel, #3 Exhibit C - December 15, 2017 email from Elan Shpigel to Eli Litoff, et al., #4 Exhibit D - Responses to Plaintiff's Third Set of Requests for Production of Documents to Defendant City of Chicago)(Litoff, Eli)
January 10, 2018 Opinion or Order Filing 145 EXHIBIT by Defendants Michael Baker, Joseph Barnes, James Oliver, Angelo Pesavento, Michael Rowan, Edward Siwek regarding MOTION by Defendants Michael Baker, Joseph Barnes, James Oliver, Angelo Pesavento, Michael Rowan, Edward Siwek for extension of time to complete discovery #143 (Tapling, Alexander)
January 9, 2018 Opinion or Order Filing 144 NOTICE of Motion by Alexander Walter Tapling for presentment of motion for extension of time to complete discovery #143 before Honorable Manish S. Shah on 1/11/2018 at 09:45 AM. (Tapling, Alexander)
January 8, 2018 Opinion or Order Filing 143 MOTION by Defendants Michael Baker, Joseph Barnes, James Oliver, Angelo Pesavento, Michael Rowan, Edward Siwek for extension of time to complete discovery (Tapling, Alexander)
January 4, 2018 Opinion or Order Filing 142 ATTORNEY Appearance for Defendant Barbara Temple by Emily Wessel Farr (Farr, Emily)
December 30, 2017 Opinion or Order Filing 141 ATTORNEY Appearance for Defendant Barbara Temple by Julie Palles (Palles, Julie)
December 22, 2017 Opinion or Order Filing 140 ANSWER to amended complaint by Edward Hicks (Attachments: #1 Notice of Filing Notice of Filing Answer)(Zibolski, Kevin)
December 21, 2017 Opinion or Order Filing 139 ATTORNEY Appearance for Defendant Edward Hicks by Michael Francis Bonaguro (Bonaguro, Michael)
December 15, 2017 Opinion or Order Filing 138 MINUTE entry before the Honorable Manish S. Shah: Defendant Hicks' Agreed Motion for an Extension of Time #134 is granted. Defendant shall answer Plaintiff's first amended complaint on or before 12/22/17. Motion for Leave to Withdraw #136 is granted. Attorneys Amy A. Hijjawi, Matthew Hurd, Barrett Boudreaux, Brian Stefanich, Jennifer Bitoy, Mohammed Khan, and Alexander Tapling are granted leave to withdraw their appearances on behalf of Defendant Barbara Temple. No appearance on 12/19/17 is required. Mailed notice (ep, )
December 13, 2017 Opinion or Order Filing 137 NOTICE of Motion by Andrew M. Hale for presentment of motion to withdraw as attorney #136 before Honorable Manish S. Shah on 12/19/2017 at 09:45 AM. (Hale, Andrew)
December 13, 2017 Opinion or Order Filing 136 MOTION by Attorney Andrew M Hale and Hale Law LLC Attorneys to withdraw as attorney for Barbara Temple. No party information provided (Hale, Andrew)
December 12, 2017 Opinion or Order Filing 135 NOTICE of Motion by Kevin Edward Zibolski for presentment of motion for extension of time to file answer #134 before Honorable Manish S. Shah on 12/19/2017 at 09:45 AM. (Zibolski, Kevin)
December 12, 2017 Opinion or Order Filing 134 MOTION by Defendant Edward Hicks for extension of time to file answer (Zibolski, Kevin)
December 12, 2017 Opinion or Order Filing 133 MEMORANDUM Opinion and Order. Signed by the Honorable Manish S. Shah on 12/12/2017: The defendant officers' motion to dismiss #57 is granted in part and denied in part. Count I is dismissed as to the Brady claim for destruction of the 911 call recording and as to the separate due process claim for failure to investigate. Count VI is dismissed to the extent it is based on the Fourteenth Amendment. The City of Chicago's motion to dismiss #61 is denied. [For further detail see attached order.] Notices mailed. (psm, )
December 11, 2017 Opinion or Order Filing 132 ATTORNEY Appearance for Defendant Barbara Temple by Gary Jay Ravitz (Ravitz, Gary)
December 11, 2017 Opinion or Order Filing 131 ATTORNEY Appearance for Defendant Barbara Temple by Eric S. Palles (Palles, Eric)
December 8, 2017 Opinion or Order Filing 130 ATTORNEY Appearance for Defendants Michael Baker, Joseph Barnes, James Oliver, Angelo Pesavento, Michael Rowan, Edward Siwek, Barbara Temple by Barrett Elizabeth Boudreaux (Boudreaux, Barrett)
December 6, 2017 Opinion or Order Filing 129 ATTORNEY Appearance for Defendants Michael Baker, Joseph Barnes, James Oliver, Angelo Pesavento, Michael Rowan, Edward Siwek, Barbara Temple by Jennifer Bitoy (Bitoy, Jennifer)
December 4, 2017 Opinion or Order Filing 128 ATTORNEY Appearance for Defendant Edward Hicks by Kevin Edward Zibolski (Zibolski, Kevin)
November 27, 2017 Opinion or Order Filing 127 ATTORNEY Appearance for Defendants Michael Baker, Joseph Barnes, James Oliver, Angelo Pesavento, Michael Rowan, Edward Siwek, Barbara Temple by Brian J Stefanich (Stefanich, Brian)
November 21, 2017 Opinion or Order Filing 126 AGREED QUALIFIED HIPAA PROTECTIVE Order. Signed by the Honorable Manish S. Shah on 11/21/2017. Notices mailed. (psm, )
November 21, 2017 Opinion or Order Filing 125 MINUTE entry before the Honorable Manish S. Shah: The motion for entry of protective order #123 is granted. Enter Agreed Qualified HIPAA Protective Order. No appearance on the motion is necessary. Notices mailed. (psm, )
November 16, 2017 Opinion or Order Filing 124 (Agreed) NOTICE of Motion by Alexander Walter Tapling for presentment of motion for miscellaneous relief, #123 before Honorable Manish S. Shah on 11/22/2017 at 09:45 AM. (Tapling, Alexander)
November 16, 2017 Opinion or Order Filing 123 MOTION by Defendants Michael Baker, Joseph Barnes, City Of Chicago, Michael Kill, James Oliver, Angelo Pesavento, Michael Rowan, Edward Siwek, Barbara TempleEntry of HIPAA Protective Order (Agreed) (Attachments: #1 Exhibit EX A)(Tapling, Alexander)
November 16, 2017 Opinion or Order Filing 122 ATTORNEY Appearance for Plaintiff Eddie L. Bolden by Valerie Brummel (Brummel, Valerie)
November 14, 2017 Opinion or Order Filing 121 MINUTE entry before the Honorable Manish S. Shah: Plaintiff's motion for entry of default #117 is withdrawn, and no appearance is necessary on 11/15/17. Defendant Hicks must respond to the complaint by 12/12/17. Notices mailed. (psm, )
November 14, 2017 Opinion or Order Filing 120 ATTORNEY Appearance for Defendant Edward Hicks by James Vincent Daffada (Daffada, James)
November 14, 2017 Opinion or Order Filing 119 ATTORNEY Appearance for Defendant Edward Hicks by Thomas More Leinenweber (Leinenweber, Thomas)
November 9, 2017 Opinion or Order Filing 118 NOTICE of Motion by Eli Joseph Litoff for presentment of motion for entry of default #117 before Honorable Manish S. Shah on 11/15/2017 at 09:45 AM. (Litoff, Eli)
November 9, 2017 Opinion or Order Filing 117 MOTION by Plaintiff Eddie L. Bolden for entry of default Against Defendant Edward Hicks (Attachments: #1 Exhibit A - Affidavit of Service of Summons)(Litoff, Eli)
October 12, 2017 Opinion or Order Filing 116 SUMMONS Returned Executed by Eddie L. Bolden as to Edward Hicks on 10/6/2017, answer due 10/27/2017. (Litoff, Eli)
October 3, 2017 Opinion or Order Filing 115 AGREED Confidentiality Order. Signed by the Honorable Manish S. Shah on 10/3/2017. Notices mailed. (psm, )
October 3, 2017 Opinion or Order Filing 114 MINUTE entry before the Honorable Manish S. Shah: Motion for entry of agreed confidentiality order #112 is granted. Enter Agreed Confidentiality Order. No appearance on the motion is necessary. Notices mailed. (psm, )
September 29, 2017 Opinion or Order Filing 113 NOTICE of Motion by Elan Arthur Shpigel for presentment of motion for protective order #112 before Honorable Manish S. Shah on 10/5/2017 at 09:45 AM. (Shpigel, Elan)
September 29, 2017 Opinion or Order Filing 112 MOTION by Defendant City Of Chicago for protective order /Confidentiality Order [AGREED] (Attachments: #1 Exhibit A, #2 Exhibit B)(Shpigel, Elan)
September 26, 2017 Opinion or Order Filing 111 MINUTE entry before the Honorable Manish S. Shah: The motion for extension of time #109 is granted. The time to serve defendant Hicks is extended 10/25/17. Defendant's reported fugitive status provides good reason to extend the time. No appearance on the motion is necessary. Notices mailed. (psm, )
September 25, 2017 Opinion or Order Filing 110 NOTICE of Motion by Eli Joseph Litoff for presentment of extension of time #109 before Honorable Manish S. Shah on 10/3/2017 at 09:45 AM. (Litoff, Eli)
September 25, 2017 Opinion or Order Filing 109 MOTION by Plaintiff Eddie L. Bolden for extension of time for service of process (Litoff, Eli)
September 8, 2017 Opinion or Order Filing 108 MINUTE entry before the Honorable Manish S. Shah: Status hearing held. The court will enter a ruling on the motions to dismiss #57 #61 via cm/ecf. All fact discovery must be noticed in time to be completed by 2/1/18. Continued status hearing is set for 1/11/18 at 9:30 a.m. Notices mailed. (psm, )
August 30, 2017 Opinion or Order Filing 107 MINUTE entry before the Honorable Manish S. Shah: At the parties' request, the status hearing on 9/5/17 is stricken and reset to 9/8/17 at 9:30 a.m. Notices mailed. (psm, )
August 29, 2017 Opinion or Order Filing 106 MINUTE entry before the Honorable Manish S. Shah: Status hearing before Judge Shah is set for 9/5/2017 at 09:30 a.m. Notices mailed. (psm, )
August 28, 2017 Opinion or Order Filing 105 EXECUTIVE COMMITTEE ORDER: It appearing that the Honorable Milton I. Shadur has elected to retire as of September 1, 2017; and It further appearing that the cases listed below are currently assigned to the Hon. Milton I. Shadur; therefore It is hereby ordered that the cases on the attached list are to be reassigned to the other judges of this Court as indicated, pursuant to Local Rule 40.1(f). Case reassigned to the Honorable Manish S. Shah for all further proceedings. Honorable Milton I. Shadur no longer assigned to the case. Signed by Executive Committee on 8/28/2017. Mailed Notice (jp, )
August 4, 2017 Opinion or Order Filing 104 MINUTE entry before the Honorable Milton I. Shadur:Status hearing set for 9/11/2017 is stricken.Mailed notice (clw, )
August 2, 2017 Opinion or Order Filing 103 MEMORANDUM Order: For the reasons stated in this memorandum order, codefendant City of Chicago's Motion To Bifurcate Plaintiff's Monell Claims" (Dkt. No. 95), later joined in by other defendants in Dkt. No. 99 are denied. Signed by the Honorable Milton I. Shadur on 8/2/2017:Mailed notice(clw, )
July 27, 2017 Opinion or Order Filing 102 RESPONSE by Eddie L. Boldenin Opposition to MOTION by Defendant City Of Chicago to bifurcate Plaintiff's Monell Claims #95 (Attachments: #1 Exhibit Exhibit A - Transcript of Proceedings, #2 Exhibit Exhibit B - Responses to Plaintiff's First Set of Requests for Production)(Litoff, Eli)
July 27, 2017 Opinion or Order Filing 101 MINUTE entry before the Honorable Milton I. Shadur:Motions for joinder #99 and #100 are granted.Mailed notice (clw, )
July 26, 2017 Opinion or Order Filing 100 MOTION by Defendant Michael Kill for joinder Re Defendant City's Motion to Bifurcate (Doc 95) (Becker, George)
July 26, 2017 Opinion or Order Filing 99 MOTION by Defendants Michael Baker, Joseph Barnes, James Oliver, Angelo Pesavento, Michael Rowan, Edward Siwek, Barbara Temple for joinder Re Defendant City's Motion to Bifurcate (Doc 95) (Hale, Andrew)
July 25, 2017 Opinion or Order Filing 98 ATTORNEY Appearance for Defendants Michael Baker, Joseph Barnes, James Oliver, Angelo Pesavento, Michael Rowan, Edward Siwek, Barbara Temple by Matthew Alan Hurd (Hurd, Matthew)
July 11, 2017 Opinion or Order Filing 97 MINUTE entry before the Honorable Milton I. Shadur:Plaintiff's response to defendant City Of Chicago's motion to bifurcate #95 is due by 7/27/2017.Mailed notice (clw, )
July 6, 2017 Opinion or Order Filing 96 MEMORANDUM by City Of Chicago in support of motion to bifurcate #95 (Attachments: #1 Exhibit)(Fordyce, Tiffany)
July 6, 2017 Opinion or Order Filing 95 MOTION by Defendant City Of Chicago to bifurcate Plaintiff's Monell Claims (Fordyce, Tiffany)
June 21, 2017 Opinion or Order Filing 94 NOTICE by Michael Kill Notice of Filing First Set of Request for Production to Plaintiff Eddie L. Bolden (Becker, George)
June 21, 2017 Opinion or Order Filing 93 NOTICE by Michael Kill Notice of Filing First Set of Interrogatories to Plaintiff Eddie L. Bolden (Becker, George)
June 19, 2017 Opinion or Order Filing 92 ATTORNEY Appearance for Defendants Michael Baker, Joseph Barnes, James Oliver, Angelo Pesavento, Michael Rowan, Edward Siwek, Barbara Temple by Amy A. Hijjawi (Hijjawi, Amy)
June 16, 2017 Opinion or Order Filing 91 REPLY by Defendant City Of Chicago to motion to dismiss #61 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Shpigel, Elan) (Attachment 2 replaced on 1/4/2022) (lma, ).
June 16, 2017 Opinion or Order Filing 90 REPLY by Michael Baker, Joseph Barnes, James Oliver, Angelo Pesavento, Michael Rowan, Edward Siwek, Barbara Temple to response in opposition to motion, #81 (Tapling, Alexander)
May 30, 2017 Opinion or Order Filing 89 TRANSCRIPT OF PROCEEDINGS held on 05/26/2017 before the Honorable Milton I. Shadur. Court Reporter Contact Information: Rosemary Scarpelli, Rosemary_Scarpelli@ilnd.uscourts.gov, (312)435-5815. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 6/20/2017. Redacted Transcript Deadline set for 6/30/2017. Release of Transcript Restriction set for 8/28/2017. (Scarpelli, Rosemary)
May 26, 2017 Opinion or Order Filing 88 ATTORNEY Appearance for Plaintiff Eddie L. Bolden by Sandra Lynn Musumeci (Musumeci, Sandra)
May 26, 2017 Opinion or Order Filing 87 MINUTE entry before the Honorable Milton I. Shadur:Status hearing held. Motion #75 is terminated because an amended motion was filed. Defendant City of Chicago's amended motion for entry of guaranty of satisfaction of judgment #84 is denied for the reasons stated orally in open court. Application of Sandra Lynn Musumeci to appear pro hac vice #85 is granted. Replies in support of motions to dismiss #57 #61 are due by 6/16/2017. Status hearing set for 7/7/2017 is reset to 9/11/2017 at 09:00 AM. Mailed notice (clw, )
May 25, 2017 Opinion or Order Filing 86 RESPONSE by Eddie L. Boldenin Opposition to MOTION by Defendant City Of Chicago to amend/correct MOTION by Defendant City Of Chicago for judgment - Motion for Entry of Guaranty of Satisfaction of Judgment #75 , notice of motion #76 #84 (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Litoff, Eli)
May 25, 2017 Opinion or Order Filing 85 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-13212704. (Musumeci, Sandra)
May 24, 2017 Opinion or Order Filing 84 MOTION by Defendant City Of Chicago to amend/correct MOTION by Defendant City Of Chicago for judgment - Motion for Entry of Guaranty of Satisfaction of Judgment #75 , notice of motion #76 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Shpigel, Elan)
May 24, 2017 Opinion or Order Filing 83 ATTORNEY Appearance for Defendant City Of Chicago by Elizabeth Susan Ralph (Ralph, Elizabeth)
May 23, 2017 Opinion or Order Filing 82 MINUTE entry before the Honorable Milton I. Shadur:Motion hearing set for 5/24/2017 is stricken. Motion of Avi T. Kamionski and Shneur Z. Nathan to withdraw as counsel #77 is granted.Mailed notice (clw, )
May 22, 2017 Opinion or Order Filing 81 RESPONSE by Eddie L. Boldenin Opposition to MOTION by Defendant City Of Chicago to dismiss Plaintiffs Complaint #61 , MOTION by Defendants Michael Baker, James Oliver, Edward Siwek, Angelo Pesavento, Michael Rowan, Barbara Temple, Joseph Barnes to dismiss Plaintiff's First Amended Complaint #57 (Attachments: #1 Exhibit Exhibit A - Trial Transcript Excerpt)(Litoff, Eli)
May 22, 2017 Opinion or Order Filing 80 NOTICE by Michael Kill Notice of Filing Response to Plaintiff's First Set of Requests for Production of Documents (Becker, George)
May 22, 2017 Opinion or Order Filing 79 NOTICE by Michael Kill Notice of Filing Answers to Plaintiff's First Set of Interrogatories (Becker, George)
May 21, 2017 Opinion or Order Filing 78 NOTICE of Motion by Avi T. Kamionski for presentment of motion to withdraw as attorney #77 before Honorable Milton I. Shadur on 5/24/2017 at 09:15 AM. (Kamionski, Avi)
May 21, 2017 Opinion or Order Filing 77 MOTION by Attorney Avi Kamionski & Shneur Nathan to withdraw as attorney for Michael Baker, Joseph Barnes, Edward Hicks, James Oliver, Angelo Pesavento, Michael Rowan, Edward Siwek, Barbara Temple. No party information provided (Kamionski, Avi)
May 19, 2017 Opinion or Order Filing 76 NOTICE of Motion by Elan Arthur Shpigel for presentment of motion for judgment #75 before Honorable Milton I. Shadur on 5/26/2017 at 09:00 AM. (Shpigel, Elan)
May 19, 2017 Opinion or Order Filing 75 MOTION by Defendant City Of Chicago for judgment - Motion for Entry of Guaranty of Satisfaction of Judgment (Attachments: #1 Exhibit A)(Shpigel, Elan)
May 18, 2017 Opinion or Order Filing 74 MINUTE entry before the Honorable Milton I. Shadur:Motion hearing set for 5/22/2017 is stricken. Motion for leave to file excess pages #72 is granted.Mailed notice (clw, )
May 17, 2017 Opinion or Order Filing 73 NOTICE of Motion by Eli Joseph Litoff for presentment of motion for leave to file excess pages #72 before Honorable Milton I. Shadur on 5/22/2017 at 09:15 AM. (Litoff, Eli)
May 17, 2017 Opinion or Order Filing 72 MOTION by Plaintiff Eddie L. Bolden for leave to file excess pages in Opposition to Defendants' Motions to Dismiss (Unopposed) (Litoff, Eli)
April 26, 2017 Opinion or Order Filing 71 TRANSCRIPT OF PROCEEDINGS held on 04/19/2017 before the Honorable Milton I. Shadur. Court Reporter Contact Information: Rosemary Scarpelli, Rosemary_Scarpelli@ilnd.uscourts.gov, (312)435-5815. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 5/17/2017. Redacted Transcript Deadline set for 5/30/2017. Release of Transcript Restriction set for 7/25/2017. (Scarpelli, Rosemary)
April 20, 2017 Opinion or Order Filing 70 STIPULATION as to Dismissal of the Estates of George Karl and William Higgins (Litoff, Eli)
April 19, 2017 Opinion or Order Filing 69 ORDER Signed by the Honorable Milton I. Shadur on 4/19/2017:Mailed notice(clw, )
April 19, 2017 Opinion or Order Filing 68 MINUTE entry before the Honorable Milton I. Shadur:Agreed motion for leave to proceed pursuant to stipulation #63 is granted Pursuant to stipulation [63-1] defendants Personal Representative of the Estate of George Karl and William Higgins are dismissed. (For further details see separate order)Mailed notice (clw, )
April 19, 2017 Opinion or Order Filing 67 MINUTE entry before the Honorable Milton I. Shadur:Motion hearing held. Defendant Kill's motion for more definite statement #17 is withdrawn. Defendants Officers' unopposed motion for leave to file an enlarged motion for partial dismissal #59 is granted. Defendant City of Chicago's motion #65 to join motion by defendant Officer's #57 is granted. Plaintiff's responses to motions to dismiss [57 and 61] are due by 5/22/2017. City's motion for dismissal of Court IV #61 , it is entered and continued. Motion hearing set for 4/20/2017 is stricken. Status hearing set for 4/21/2017 is reset to 5/26/2017 at 9:00 a.m. Also status hearing is set for 7/7/2017 at 9:00 a.m. Mailed notice (clw, )
April 18, 2017 Opinion or Order Filing 66 NOTICE of Motion by Elan Arthur Shpigel for presentment of motion to join #65 before Honorable Milton I. Shadur on 4/20/2017 at 09:15 AM. (Shpigel, Elan)
April 18, 2017 Opinion or Order Filing 65 MOTION by Defendant City Of Chicago to join Motion by Defendant Officers to Partially Dismiss Plaintiff's First Amended Complaint (Shpigel, Elan)
April 17, 2017 Opinion or Order Filing 64 NOTICE of Motion by Eli Joseph Litoff for presentment of motion for miscellaneous relief, #63 before Honorable Milton I. Shadur on 4/19/2017 at 09:15 AM. (Litoff, Eli)
April 17, 2017 Opinion or Order Filing 63 MOTION by Plaintiff Eddie L. BoldenAgreed Motion for Leave to Proceed Pursuant to Stipulation (Attachments: #1 Exhibit Exhibit A - Stipulation as to Dismissal of the Estates of George Karl and William Higgins, #2 Text of Proposed Order Exhibit B - Proposed Order)(Litoff, Eli)
April 14, 2017 Opinion or Order Filing 62 NOTICE of Motion by Elan Arthur Shpigel for presentment of motion to dismiss #61 before Honorable Milton I. Shadur on 4/20/2017 at 09:15 AM. (Shpigel, Elan)
April 14, 2017 Opinion or Order Filing 61 MOTION by Defendant City Of Chicago to dismiss Plaintiffs Complaint (Shpigel, Elan)
April 14, 2017 Opinion or Order Filing 60 NOTICE of Motion by Alexander Walter Tapling for presentment of motion for leave to file, #59 before Honorable Milton I. Shadur on 4/20/2017 at 09:15 AM. (Tapling, Alexander)
April 14, 2017 Opinion or Order Filing 59 MOTION by Defendants Michael Baker, Joseph Barnes, James Oliver, Angelo Pesavento, Michael Rowan, Edward Siwek, Barbara Temple for leave to file an expanded Motion to Partially Dismiss Plaintiff's First Amended Complaint (Tapling, Alexander)
April 14, 2017 Opinion or Order Filing 58 NOTICE of Motion by Alexander Walter Tapling for presentment of motion to dismiss #57 before Honorable Milton I. Shadur on 4/20/2017 at 09:15 AM. (Tapling, Alexander)
April 14, 2017 Opinion or Order Filing 57 MOTION by Defendants Michael Baker, James Oliver, Edward Siwek, Angelo Pesavento, Michael Rowan, Barbara Temple, Joseph Barnes to dismiss Plaintiff's First Amended Complaint (Tapling, Alexander)
April 13, 2017 Opinion or Order Filing 56 NOTICE by Michael Kill Notice of Filing Rule 26 Disclosures (Becker, George)
April 13, 2017 Opinion or Order Filing 55 NOTICE by Michael Kill re answer to amended complaint #54 Notice of Filing Answer to First Amended Complaint (Becker, George)
April 13, 2017 Opinion or Order Filing 54 ANSWER to amended complaint by Michael Kill(Becker, George)
April 13, 2017 Opinion or Order Filing 53 ATTORNEY Appearance for Plaintiff Eddie L. Bolden by Valarie Hays (Hays, Valarie)
April 10, 2017 Opinion or Order Filing 52 ATTORNEY Appearance for Defendants Michael Baker, Joseph Barnes, James Oliver, Angelo Pesavento, Michael Rowan, Edward Siwek, Barbara Temple by Alexander Walter Tapling (Tapling, Alexander)
April 8, 2017 Opinion or Order Filing 51 ATTORNEY Appearance for Defendants Joseph Barnes, Michael Rowan by Mohammed Khan (Khan, Mohammed)
April 8, 2017 Opinion or Order Filing 50 ATTORNEY Appearance for Defendants Joseph Barnes, Michael Rowan by Shneur Z. Nathan (Nathan, Shneur)
April 8, 2017 Opinion or Order Filing 49 ATTORNEY Appearance for Defendants Joseph Barnes, Michael Rowan by Avi T. Kamionski (Kamionski, Avi)
April 7, 2017 Opinion or Order Filing 48 ATTORNEY Appearance for Defendants Joseph Barnes, Michael Rowan by Andrew M. Hale (Hale, Andrew)
March 20, 2017 Opinion or Order Filing 47 TRANSCRIPT OF PROCEEDINGS held on 02/16/2017 before the Honorable Milton I. Shadur. Court Reporter Contact Information: Rosemary Scarpelli, Rosemary_Scarpelli@ilnd.uscourts.gov, (312)435-5815. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 4/10/2017. Redacted Transcript Deadline set for 4/20/2017. Release of Transcript Restriction set for 6/19/2017. (Scarpelli, Rosemary)
March 20, 2017 Opinion or Order Filing 46 SUMMONS Returned Executed by Eddie L. Bolden as to Joseph Barnes on 3/17/2017, answer due 4/7/2017. (Litoff, Eli)
March 20, 2017 Opinion or Order Filing 45 SUMMONS Returned Executed by Eddie L. Bolden as to Michael Rowan on 3/16/2017, answer due 4/6/2017. (Litoff, Eli)
March 16, 2017 Opinion or Order SUMMONS Issued as to Defendant Michael Rowan (jn, )
March 16, 2017 Opinion or Order SUMMONS Issued as to Defendant Joseph Barnes (jn, )
March 15, 2017 Opinion or Order Filing 44 ATTORNEY Appearance for Plaintiff Eddie L. Bolden by Nathan James Howze (Howze, Nathan)
March 15, 2017 Opinion or Order Filing 43 CERTIFICATE of Service by Eli Joseph Litoff on behalf of Eddie L. Bolden regarding amended complaint, #40 (Litoff, Eli)
March 15, 2017 Opinion or Order Filing 42 MEMORANDUM Order Signed by the Honorable Milton I. Shadur on 3/15/2017:Mailed notice(jms, )
March 15, 2017 Opinion or Order Filing 41 MINUTE entry before the Honorable Milton I. Shadur: Pursuant to Memorandum Order entered this day, defendant Kill's answer to the complaint is stricken in its entirety. Defendant Kill is given to 3/29/2017 to file a self-contained proper Amended Answer. No charge may be made to Kill by his counsel for theadded work and expense incurred in correcting counsel's errors. Kill's counsel is ordered to apprise his client to that effect by a letter, with a copy of the letter to be transmitted to this Court's chambers solely as an informational matter (not for filing).Mailed notice (jms, )
March 14, 2017 Opinion or Order Filing 40 First AMENDED complaint by Eddie L. Bolden against As-Yet Unknown Current or Former Employees of the City of Chicago, Michael Baker, City Of Chicago, Edward Hicks, Michael Kill, James Oliver, Angelo Pesavento, Edward Siwek, Barbara Temple, Joseph Barnes, Michael Rowan, William Higgins, Personal Representative of the Estate of George Karl (Litoff, Eli)
March 14, 2017 Opinion or Order Filing 39 MINUTE entry before the Honorable Milton I. Shadur:Motion hearing set for 3/15/2017 is stricken. Plaintiff's unopposed motion for leave to file first amended complaint #33 is granted, to be filed upon receipt of this order.Mailed notice (clw, )
March 13, 2017 Opinion or Order Filing 38 ATTORNEY Appearance for Defendant Barbara Temple by Mohammed Khan (Khan, Mohammed)
March 13, 2017 Opinion or Order Filing 37 ATTORNEY Appearance for Defendant Barbara Temple by Shneur Z. Nathan (Nathan, Shneur)
March 13, 2017 Opinion or Order Filing 36 ATTORNEY Appearance for Defendant Barbara Temple by Avi T. Kamionski (Kamionski, Avi)
March 13, 2017 Opinion or Order Filing 35 ATTORNEY Appearance for Defendant Barbara Temple by Andrew M. Hale (Hale, Andrew)
March 13, 2017 Opinion or Order Filing 34 NOTICE of Motion by Eli Joseph Litoff for presentment of motion for leave to file #33 before Honorable Milton I. Shadur on 3/15/2017 at 09:15 AM. (Litoff, Eli)
March 13, 2017 Opinion or Order Filing 33 MOTION by Plaintiff Eddie L. Bolden for leave to file First Amended Complaint (Unopposed) (Attachments: #1 Exhibit Exhibit A - Proposed First Amended Complaint)(Litoff, Eli)
March 2, 2017 Opinion or Order Filing 32 NOTICE by Michael Kill re notice of filing #31 Amended Notice (Becker, George)
March 1, 2017 Opinion or Order Filing 31 NOTICE by Michael Kill re answer to complaint #30 Notice of Filing (Becker, George)(Linked document has the incorrect document title) Modified on 3/2/2017 (mc, ).
March 1, 2017 Opinion or Order Filing 30 ANSWER to Complaint by Michael Kill(Becker, George)
February 24, 2017 Opinion or Order Filing 29 MINUTE entry before the Honorable Milton I. Shadur:Motion hearing set for 3/1/2017 is stricken. Defendants City of Chicago, Michael Baker, James Oliver, Angelo Pesavento, and Edward Siwek's unopposed motion for extension of time to 4/14/2017 to answer or otherwise plead #27 is granted.Mailed notice (clw, )
February 24, 2017 Opinion or Order Filing 28 NOTICE of Motion by Shneur Z. Nathan for presentment of motion for extension of time to file answer, motion for relief #27 before Honorable Milton I. Shadur on 3/1/2017 at 09:15 AM. (Nathan, Shneur)
February 24, 2017 Opinion or Order Filing 27 MOTION by Defendants Michael Baker, City Of Chicago, James Oliver, Angelo Pesavento, Edward Siwek for extension of time to file answer regarding complaint #1 or otherwise plead in response to complaint - UNOPPOSED (Nathan, Shneur)
February 23, 2017 Opinion or Order Filing 26 SUMMONS Returned Executed by Eddie L. Bolden as to Barbara Temple on 2/18/2017, answer due 3/13/2017. (Litoff, Eli)
February 23, 2017 Opinion or Order Filing 25 SUMMONS Returned Executed by Eddie L. Bolden as to Michael Baker on 2/15/2017, answer due 3/8/2017. (Litoff, Eli)
February 23, 2017 Opinion or Order Filing 24 ATTORNEY Appearance for Defendants Michael Baker, James Oliver, Angelo Pesavento, Edward Siwek by Mohammed Khan (Khan, Mohammed)
February 23, 2017 Opinion or Order Filing 23 ATTORNEY Appearance for Defendants Michael Baker, James Oliver, Angelo Pesavento, Edward Siwek by Avi T. Kamionski (Kamionski, Avi)
February 23, 2017 Opinion or Order Filing 22 ATTORNEY Appearance for Defendants Michael Baker, James Oliver, Angelo Pesavento, Edward Siwek by Andrew M. Hale (Hale, Andrew)
February 23, 2017 Opinion or Order Filing 21 ATTORNEY Appearance for Defendants Michael Baker, James Oliver, Angelo Pesavento, Edward Siwek by Shneur Z. Nathan (Nathan, Shneur)
February 16, 2017 Opinion or Order Filing 20 MINUTE entry before the Honorable Milton I. Shadur:Status hearing held. Motion for more definite statement #17 is entered and continued. Status hearing set for 4/21/2017 at 09:00 AM.Mailed notice (clw, )
February 14, 2017 Opinion or Order Filing 19 MINUTE entry before the Honorable Milton I. Shadur:Defendant City of Chicago's motion for extension of time to 3/13/2017 to answer or otherwise plead #10 is granted.Mailed notice (clw, )
February 14, 2017 Opinion or Order ALIAS Summons Issued as to Defendant Barbara Temple. (ew, )
February 13, 2017 Opinion or Order Filing 18 NOTICE of Motion by George E. Becker for presentment of motion for more definite statement #17 before Honorable Milton I. Shadur on 2/16/2017 at 09:15 AM. (Becker, George)
February 13, 2017 Opinion or Order Filing 17 MOTION by Defendant Michael Killfor more definite statement (Attachments: #1 Exhibit Ex-1 Complaint)(Becker, George)
February 13, 2017 Opinion or Order Filing 16 SUMMONS Returned Executed by Eddie L. Bolden as to James Oliver on 2/8/2017, answer due 3/1/2017. (Litoff, Eli)
February 13, 2017 Opinion or Order Filing 15 SUMMONS Returned Executed by Eddie L. Bolden as to Edward Siwek on 2/9/2017, answer due 3/2/2017. (Litoff, Eli)
February 13, 2017 Opinion or Order Filing 14 SUMMONS Returned Executed by Eddie L. Bolden as to Angelo Pesavento on 2/8/2017, answer due 3/1/2017. (Litoff, Eli)
February 13, 2017 Opinion or Order Filing 13 SUMMONS Returned Executed by Eddie L. Bolden as to Michael Kill on 2/8/2017, answer due 3/1/2017. (Litoff, Eli)
February 13, 2017 Opinion or Order Filing 12 ATTORNEY Appearance for Defendant Michael Kill by George E. Becker (Becker, George)
February 10, 2017 Opinion or Order Filing 11 NOTICE of Motion by Elan Arthur Shpigel for presentment of motion for extension of time to file answer, motion for relief #10 before Honorable Milton I. Shadur on 2/16/2017 at 09:15 AM. (Shpigel, Elan)
February 10, 2017 Opinion or Order Filing 10 MOTION by Defendant City Of Chicago for extension of time to file answer regarding complaint #1 (Unopposed) (Shpigel, Elan)
February 8, 2017 Opinion or Order Filing 9 ATTORNEY Appearance for Defendant City Of Chicago by Tiffany S. Fordyce (Fordyce, Tiffany)
February 8, 2017 Opinion or Order Filing 8 ATTORNEY Appearance for Defendant City Of Chicago by John F. Gibbons (Gibbons, John)
February 8, 2017 Opinion or Order Filing 7 ATTORNEY Appearance for Defendant City Of Chicago by Elan Arthur Shpigel (Shpigel, Elan)
February 3, 2017 Opinion or Order Filing 6 MINUTE entry before the Honorable Milton I. Shadur: This is the initial scheduling order entered by this Court after the filing of the Complaint. Counsel for plaintiff is ordered to cause a copy of this order to be delivered forthwith to each defendant in the same manner that process has been or is being served on such defendant. There will be a status hearing--a "scheduling conference", as that term is used in attached Fed. R. Civ. P. ("Rule") 16(b), at 9:15 a.m. on March 15, 2017. Counsel for plaintiff and for each defendant that has been served with process or has appeared at least 28 days before that Status Hearing Date are ordered to meet not later than 14 days before the Status Hearing Date to comply with the provisions of Rules 26(f) and 26(a) (c) and this District Courts LR 26.1 Counsel for the parties are urged to undertake serious settlement efforts before the scheduled Status Hearing when no major investment in counsel's time (and clients' money) has yet taken place. If such efforts are unsuccessful, counsel should be prepared to attend the scheduled Status Hearing to discuss briefly their proposed discovery plan and other subjects appropriate for inclusion in the scheduling order as referred to in Rule 16(b). No written status report is to be filed. Although this Court will not set a close-of-discovery scheduling order until both sides have a good sense of the time needed for that purpose, the parties are urged to join in setting their own target dates in that respect at their initial Rule 26(f) conference and to review those target dates regularly during the discovery process. If any party is unrepresented by counsel, that party must comply with this order personally. Mailed notice (clw, )
January 24, 2017 Opinion or Order Filing 5 SUMMONS Returned Executed by Eddie L. Bolden as to City Of Chicago on 1/20/2017, answer due 2/10/2017. (Litoff, Eli)
January 24, 2017 Opinion or Order SUMMONS Issued as to Defendants Michael Baker, Edward Hicks, George Karl, Michael Kill, James Oliver, Angelo Pesavento, Edward Siwek, Barbara Temple (ew, )
January 20, 2017 Opinion or Order SUMMONS Issued as to Defendant City Of Chicago (ew, )
January 19, 2017 Opinion or Order Filing 4 ATTORNEY Appearance for Plaintiff Eddie Lynier Bolden by Eli Joseph Litoff (Litoff, Eli)
January 19, 2017 Opinion or Order Filing 3 ATTORNEY Appearance for Plaintiff Eddie Lynier Bolden by Ronald S. Safer (Safer, Ronald)
January 19, 2017 Opinion or Order Filing 2 CIVIL Cover Sheet (Safer, Ronald)
January 19, 2017 Opinion or Order Filing 1 COMPLAINT filed by Eddie Lynier Bolden; Jury Demand. Filing fee $ 400, receipt number 0752-12767381.(Safer, Ronald)
January 19, 2017 Opinion or Order CASE ASSIGNED to the Honorable Milton I. Shadur. Designated as Magistrate Judge the Honorable Susan E. Cox. (daj, )

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Search for this case: Bolden v. Pesavento et al.
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Plaintiff: Bolden
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Plaintiff: Eddie L. Bolden
Represented By: Nathan James Howze
Represented By: Ronald S. Safer
Represented By: Sandra Lynn Musumeci
Represented By: Blake James Kolesa
Represented By: Eli Joseph Litoff
Represented By: Matthew Charles Crowl
Represented By: Valarie Hays
Represented By: Valerie Brummel
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Plaintiff: Beligratis, Walls, Walsh
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Defendant: City Of Chicago
Represented By: John F. Gibbons
Represented By: Elan Arthur Shpigel
Represented By: Elizabeth Susan Ralph
Represented By: Kyle L Flynn
Represented By: Tiffany S. Fordyce
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Defendant: Michael Baker
Represented By: Andrew M. Hale
Represented By: Alexander Walter Tapling
Represented By: Amy A. Hijjawi
Represented By: Avi T. Kamionski
Represented By: Barrett Elizabeth Boudreaux
Represented By: Brian J Stefanich
Represented By: Celeste Stewart Stack
Represented By: Jennifer Bitoy
Represented By: Matthew Alan Hurd
Represented By: Mohammed Khan
Represented By: Shneur Z. Nathan
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Defendant: George Karl
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Defendant: Edward Hicks
Represented By: James Vincent Daffada
Represented By: Thomas More Leinenweber
Represented By: Kevin Edward Zibolski
Represented By: Michael Francis Bonaguro
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Defendant: Michael Kill
Represented By: George E. Becker
Represented By: Barrett Elizabeth Boudreaux
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Defendant: James Oliver
Represented By: Andrew M. Hale
Represented By: Scott J. Jebson
Represented By: Alexander Walter Tapling
Represented By: Amy A. Hijjawi
Represented By: Avi T. Kamionski
Represented By: Barrett Elizabeth Boudreaux
Represented By: Brian J Stefanich
Represented By: Celeste Stewart Stack
Represented By: Jennifer Bitoy
Represented By: Matthew Alan Hurd
Represented By: Mohammed Khan
Represented By: Shawn William Barnett
Represented By: Shneur Z. Nathan
Represented By: William E. Bazarek
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Defendant: Angelo Pesavento
Represented By: Andrew M. Hale
Represented By: Scott J. Jebson
Represented By: Alexander Walter Tapling
Represented By: Avi T. Kamionski
Represented By: Amy A. Hijjawi
Represented By: Barrett Elizabeth Boudreaux
Represented By: Brian J Stefanich
Represented By: Celeste Stewart Stack
Represented By: Jennifer Bitoy
Represented By: Shawn William Barnett
Represented By: Matthew Alan Hurd
Represented By: Mohammed Khan
Represented By: Shneur Z. Nathan
Represented By: William E. Bazarek
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Defendant: Edward Siwek
Represented By: Andrew M. Hale
Represented By: Scott J. Jebson
Represented By: Alexander Walter Tapling
Represented By: Amy A. Hijjawi
Represented By: Avi T. Kamionski
Represented By: Barrett Elizabeth Boudreaux
Represented By: Brian J Stefanich
Represented By: Celeste Stewart Stack
Represented By: Jennifer Bitoy
Represented By: Matthew Alan Hurd
Represented By: Mohammed Khan
Represented By: Shneur Z. Nathan
Represented By: William E. Bazarek
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Defendant: Barbara Temple
Represented By: Andrew M. Hale
Represented By: Eric S. Palles
Represented By: Gary Jay Ravitz
Represented By: Alexander Walter Tapling
Represented By: Amy A. Hijjawi
Represented By: Avi T. Kamionski
Represented By: Barrett Elizabeth Boudreaux
Represented By: Brian J Stefanich
Represented By: Emily Wessel Farr
Represented By: Jennifer Bitoy
Represented By: Julie Palles
Represented By: Matthew Alan Hurd
Represented By: Mohammed Khan
Represented By: Shneur Z. Nathan
Represented By: Steven Shobat
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Defendant: As-Yet Unknown Current or Former Employees of the City of Chicago
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Defendant: Joseph Barnes
Represented By: Andrew M. Hale
Represented By: Alexander Walter Tapling
Represented By: Amy A. Hijjawi
Represented By: Avi T. Kamionski
Represented By: Barrett Elizabeth Boudreaux
Represented By: Brian J Stefanich
Represented By: Celeste Stewart Stack
Represented By: Jennifer Bitoy
Represented By: Matthew Alan Hurd
Represented By: Mohammed Khan
Represented By: Shneur Z. Nathan
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Defendant: Michael Rowan
Represented By: Andrew M. Hale
Represented By: Alexander Walter Tapling
Represented By: Amy A. Hijjawi
Represented By: Avi T. Kamionski
Represented By: Barrett Elizabeth Boudreaux
Represented By: Brian J Stefanich
Represented By: Celeste Stewart Stack
Represented By: Jennifer Bitoy
Represented By: Matthew Alan Hurd
Represented By: Mohammed Khan
Represented By: Shneur Z. Nathan
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Defendant: William Higgins
Represented By: Barrett Elizabeth Boudreaux
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Defendant: Personal Representative of the Estate of George Karl
Represented By: Barrett Elizabeth Boudreaux
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Defendant: Edward J. Siwek
Represented By: Andrew M. Hale
Represented By: Barrett Elizabeth Boudreaux
Represented By: Brian J Stefanich
Represented By: William E. Bazarek
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Not classified by court: Cook County States Attorney's Office
Represented By: John Coughlin Coyne
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Not classified by court: Walls, Beligratis, Walsh
Represented By: John Coughlin Coyne
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