Capitol - Your Illinois News Radar » Pritzker campaign asks judge to dismiss 8 plaintiffs from racial discrimination case
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Pritzker campaign asks judge to dismiss 8 plaintiffs from racial discrimination case

Monday, Dec 2, 2019

* Brian Mackey

Gov. J.B. Pritzker’s campaign operation is striking back against a group of former workers who’re suing for racial discrimination.

Lawyers for Pritzker’s campaign say eight of the 12 defendants have blown deadlines, provided incomplete answers to questions, and ignored obligations to sit for depositions.

Because of that, they’re asking a federal judge to dismiss those plaintiffs from the case.

* From the filing

1. After weeks of attempting to schedule Plaintiffs’ depositions, eight Plaintiffs still have not provided available dates for their depositions to occur by the extended December 10 deadline.

2. In addition, none of the Plaintiffs have supplemented the information they withheld from their interrogatory responses based on untimely objections that the Court ruled they had waived. They have taken the position that the Court ordered them only to supplement their document productions.

* From the memorandum in support of the motion

Defendants request that the Court enter an order (1) dismissing with prejudice the claims of the eight Plaintiffs whom counsel have refused to provide dates for depositions to occur by December 10, (2) compelling the remaining four Plaintiffs to supplement their interrogatory responses with information withheld on the basis of untimely and waived objections and ordering Plaintiffs and their counsel to pay Defendants’ reasonable fees and costs associated with retaking any deposition based on late supplementation, and (3) granting Defendants’ reasonable attorneys’ fees and costs in bringing this motion. […]

Plaintiffs’ consistent position has been that their counsel are simply too busy to complete discovery in the time period ordered by the Court. Defendants cannot effectively defend this case unless they take Plaintiffs’ depositions, and the only way to do so now is to again extend discovery–which would effectively reward Plaintiffs’ misconduct. In these circumstances, while dismissal is a serious sanction, Defendants respectfully submit it is the right one here.

* And this isn’t the first delay

Finally, on September 19, Defendants received a CD containing the discovery responses and document productions. The discovery letter accompanying the materials was dated September 16–three days after Plaintiffs said they mailed the materials–and neither of the two separately mailed packages had any postmarks indicating when they had been sent. Despite finally responding more than six weeks late, Plaintiffs nevertheless raised several objections, confirming during a subsequent meet and confer on October 1 that they withheld documents based on those untimely objections. The verification pages that Plaintiffs submitted with their interrogatory responses further showed that several Plaintiffs did not complete their responses until September–well after the August 2 deadline.

…Adding… Some context…

- Posted by Rich Miller        

  1. - RNUG - Monday, Dec 2, 19 @ 9:50 am:

    Never pays to tick off the Judge by not cooperating. Judges like their calenders to operate smoothly.

    This pattern of delay may do just that … and it may also lead the judge to suspect the delay tactics are to cover up weaknesses in the actual case.

  2. - Mr. Smithfield - Monday, Dec 2, 19 @ 10:33 am:

    The defendants not cooperating with simple discovery requests might lead one to conclude that these complainants were mostly politically motivated.

    Loyalty to the candidate and campaign are gone. Just ask Kamala Harris, Bernie Sanders, etc.

    JB dodged a big bullet here primarily because he has the vast campaign resources to move beyond this issue quickly. Other candidates, like Biss or Kennedy, may have permanently damaged by the mere filing of this Complaint.

  3. - Jocko - Monday, Dec 2, 19 @ 10:40 am:

    I think attorney Shay Allen (and his four remaining defendants) can kiss that $7.5 million goodbye.

  4. - Moist von Lipwig - Monday, Dec 2, 19 @ 11:29 am:

    Whatever happened to the other lawsuit?

  5. - Anoni - Monday, Dec 2, 19 @ 12:15 pm:

    My guess is that they were hoping that Pritzker would settle with them out of court before this whole thing took off, to avoid the scandal and because what’s a few bucks to a billionaire. Dumb calculation, as settling would have been a scandal itself.
    But here they are stuck with a trial that they clearly have no interest in putting in the effort to follow-through with, and that they’ll lose if it ever does move forward.

Sorry, comments for this post are now closed.

* Reader comments closed for the weekend
* Pritzker thanks Dr. Ezike, extends financial protections, points to progress, says no more daily COVID-19 briefings - Calls Trump tweets "reprehensible" - "I want to send my condolences to the family of George Floyd, and also to every African American in this country" - Defends budget decisions - Credits Illinoisans for progress against virus - No bill signing ceremonies - Hopes testing progress continues - "It seems as if President Trump is withdrawing us from the rest of the world" - No out of state travel plans - Talks contact tracing - Asks Illinoisans to be careful during reopening - Will sign Medicare for undocumented seniors bill - Refuses to criticize Lightfoot for Trump comments - Talks about difficulties in securing testing locations - Dr. Ezike and Pritzker respond to question about what they've learned about themselves and leadership - "We're no longer in a stay at home order"
* 1,622 new cases, 86 additional deaths
* *** UPDATED x1 *** What in the heck is going on in Rockford?
* COVID-19 roundup
* All metro areas reporting record high unemployment rates
* School seclusion and restraint bill derailed after opposition
* Attorney DeVore asks appellate court to dissolve another TRO
* Question of the day
* Madigan issues new guidance to members, staff
* Architects abandon alternative reopening plan
* SUBSCRIBERS ONLY - Supplement to today’s edition
* House of worship attendance limit expected to be removed from stay at home order
* Open thread
* SUBSCRIBERS ONLY - Today's edition of Capitol Fax (use all CAPS in password)
* Sheriffs file suit against state for refusing to accept jail transfers
* Pritzker says IDPH has offered "suggestions" to churches - Says he's received "pushback" from some private nursing homes - IDPH will file new rule on nursing homes - Still looking at what to do about IDPH rule - Dodges question about Willie Wilson - Employers should use "common decency" when bring workers back - Will wait on feds before making any more budget decisions - Central Illinois hospitalization numbers improve - "We might potentially have to move backwards in the phases - "Not our intention" to make changes to Phase 4 guidance - No plans to dine at restaurant this weekend - No decision about ending daily briefing - Repeats that he has never encouraged police enforcement - Suggests GOP demand for IDES audit could be a "political move" - Still pondering school reopening - All testing is free - Asked about dangers of Legionella in large buildings - Testing and tracing metrics are "internal goals" - Points to federal rules on unemployment and workers who refuse to return - "Difficult for us to open theaters in the near future" - Dr. Ezike talks rules for malls - Dr. Ezike monitoring outbreak at county jail with ICE detainees
* Yesterday's stories

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