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* From last night…
The current and former staffers suing the @JBPritzker campaign plan to hold a press conference tomorrow morning. As of tonight, their attorneys still haven't served the campaign, which limits their ability to seek a swift dismissal in court: Our latest: https://t.co/tluzW4XDUc
— Mark Maxwell (@WCIA3Mark) October 22, 2018
I checked this morning and the Pritzker campaign has still not been served.
* Pritzker’s field staff gets Mondays off, so some of them are using that time to hold a press conference this morning. But the press conference was organized about as well as the lawsuit. Two reporters told me that the advisory went out just a few minutes before the presser was about to begin at 2925 S. Wabash, which isn’t all that close to most reporters…
I’m told that there’s a press conference starting right now at the office of the attorney representing the @JBPritzker staffers who accuse the campaign of racism and retaliation. Also told that this text exchange from last week to high-level JB staffer will be in a press packet. pic.twitter.com/yHoKthdp1m
— Hannah Meisel (@hannahmeisel) October 22, 2018
Again, that’s not to say their stories are untrue. But as I’ve already pointed out, that lawsuit is full of holes.
* From the Pritzker campaign…
The fact is, there is no basis for the accusations being made. Everything about the way this has been handled, from the threat to sue unless a $7.5 million dollar payment was made to the fact that their lawyer seems far more interested in conducting interviews and holding press conferences than even serving necessary papers that would allow the case to be dismissed, tell you all you need to know. JB and Juliana are proud of the diverse and inclusive campaign they are running.
I’ll let you know what happens.
…Adding… I forgot to include the WMAQ TV story from Friday evening which featured three former Pritzker staffers. Weirdly enough, not one of them made any new allegations, so I’m not sure what the heck that was supposed to be about. Click here to watch it yourself.
*** UPDATE 1 *** The press packet distributed to reporters is here. Not much there. From the event…
Pritzker campaign workers suing over alleged racial discrimination raise their hands to show who still works for the campaign. They did not give details but say the lawsuit is not politically motivated @ABC7Chicago pic.twitter.com/21GcmNaiuX
— Craig Wall ABC 7 (@craigrwall) October 22, 2018
*** UPDATE 2 *** Video of the event is here.
…Adding… During the press conference, plaintiff Maxwell Little says he sent two specific complaints to headquarters. The Pritzker campaign says that never happened.
posted by Rich Miller
Monday, Oct 22, 18 @ 9:45 am
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==I checked this morning and the Pritzker campaign has still not been served.==
Lol. Pritzker must be so good at hide and seek.
Comment by Da Big Bad Wolf Monday, Oct 22, 18 @ 9:49 am
===at hide and seek===
The campaign said it would allow email service.
Comment by Rich Miller Monday, Oct 22, 18 @ 9:50 am
==I checked this morning and the Pritzker campaign has still not been served.==
The campaign staffers that are suing can’t find campaign HQ?
Comment by wordslinger Monday, Oct 22, 18 @ 9:52 am
“The campaign staffers that are suing can’t find campaign HQ?”
Word, I’m nominating the above for Post of The Year. Pretty much sums up Illinois politics. LOL
Comment by Give Me A Break Monday, Oct 22, 18 @ 9:54 am
J.B. should be careful how they respond no matter how many holes are in the suit. He should caution his lawyers that the goal is not to win the case in the media. The lawyers idea of a win will be different than getting people to vote for you. Being right legally doesn’t always translate into looking right in the eyes of the public.
Comment by Been There Monday, Oct 22, 18 @ 9:54 am
If it as you say,”full of holes”, it will come out though pleading, discovery and trial or settlement and arbitration. It could also be dismissed. Give it time.
Comment by Texas Red Monday, Oct 22, 18 @ 9:58 am
As it implodes on itself, as reporters look at it from the $7.5 million angle, and while not ignoring the gross mismanagement of personnel and in this case disgruntled personnel, let these guys have their beef.
They’ve already calculated that it won’t effect the outcome, or that they can damage JB… so, point out the cash angle, ignore the management angle, and run out the campaign clock.
Hopefully, “lessened learned” for the new Crew and the few that stay in Illinois come February, if Pritzker wins.
Comment by Oswego Willy Monday, Oct 22, 18 @ 9:58 am
– He should caution his lawyers that the goal is not to win the case in the media.–
That’s the only place to win it, but that’s not the job of his lawyers. To advance the only objective, which is to win the election, the lawsuit has to be seen by the public, via the media, to be not credible.
That might require very little effort at all from the Pritzker team. The lawsuit has been collapsing under the weight of its own incompetence since Day One.
Comment by wordslinger Monday, Oct 22, 18 @ 10:02 am
Texas Red, that requires them to serve the campaign with suit. For some reason, they are refusing to do that.
Comment by TaylorvilleTornado Monday, Oct 22, 18 @ 10:04 am
The public read “threat to sue unless a $7.5 million payment was made” in the paper and did not think it’s a shakedown. Only conspiracy theorists frame the legal process that way. Anyone who has hired a bad contractor or been in a car collision knows that the plaintiffs here just sent a demand letter, the rejection of which is required to draft and file a complaint. That’s because courts only hear controversies, and the denial of the demand letter creates the controversy.
If the complaint was airtight, Mr. Pritzker would’ve paid. Airtight cases are settled before the plaintiff drafts the complaint. Courts are not for airtight cases.
Comment by Downstate Dem Monday, Oct 22, 18 @ 10:04 am
Apparently Shay Allen is posting as “Downstate Dem”.
“That’s because courts only hear controversies, and the denial of the demand letter creates the controversy”
Please tell me you are not an attorney…
Comment by 5th Floor Monday, Oct 22, 18 @ 10:09 am
Sooooo, if you open Hanah’s tweet you see that a campaign advisor was texting with the plaintiff’s attorney. Who in the world would think that’s a good idea??? That should be a fireable offense.
Seriously what is wrong with people over there.
Comment by LilLebowskiUrbanAchiever Monday, Oct 22, 18 @ 10:14 am
What makes you think the person was texting the plaintiff’s attorney?
Comment by Reading Comprehension Monday, Oct 22, 18 @ 10:16 am
Oh please. I write better than an attorney. And my comment was factually accurate.
______________
Apparently Shay Allen is posting as “Downstate Dem”.
“That’s because courts only hear controversies, and the denial of the demand letter creates the controversy”
Please tell me you are not an attorney…
Comment by Downstate Dem Monday, Oct 22, 18 @ 10:24 am
The campaign can waive service and appear. The lack of service should not slow down a response. We do it all the time.
Comment by Gooner Monday, Oct 22, 18 @ 10:24 am
–Texas Red, that requires them to serve the campaign with suit. For some reason, they are refusing to do that.–
Well like Tex said, give them time to hit “send” on email. It’s only been a week, computer’s probably still booting up.
Tex is one of those conservative GOP guys who’s all about supportin’ civil rights complaints in the courts.
Comment by wordslinger Monday, Oct 22, 18 @ 10:25 am
Downstate Dem,
That would be true only if they were seeking a declaration of rights.
Where an injury is alleged, there is no need to make a demand first.
Comment by Gooner Monday, Oct 22, 18 @ 10:27 am
–The public read “threat to sue unless a $7.5 million payment was made” in the paper and did not think it’s a shakedown.–
Who knew there was a subject in which “the public” was in universal agreement?
How’d you get A Guy’s gig speaking for the masses?
Comment by wordslinger Monday, Oct 22, 18 @ 10:28 am
Reading- fair point.
But it is equally ill advised for her to be texting any of the plaintiffs. How would anyone think that would be remotely helpful? Now those texts are going to be used against her employer.
Texting the attorneys, or the plaintiffs, about a pending lawsuit is an awful idea.
Comment by LilLebowskiUrbanAchiever Monday, Oct 22, 18 @ 10:29 am
==from the Pritzker campaign: “The fact is, there is no basis for the accusations being made.”==
This seems like a possibly dangerously unequivocal statement for Pritzker PR team to make. Trust us. They just *know* without question that there were no staffing/management problems–ever–in the field that might be cause for concern either now or in the future especially as relates to minority campaign workers? How do they know? How can they be so sure?
Regardless of how one suspects the primary reason for the lawsuit, or sees the messy way it has been handled by the plaintiff’s attorney– all of which Rich laid out in his column–this public statement from Pritzker comes across as arrogant and tone deaf. Fight it sure, they have to. But don’t present as though you are insulting voters’ or field workers’ intelligence either. Don’t issue a statement that might cause other disgruntled campaign workers (albeit non-participants in the lawsuit currently) to say “hey wait just a darn minute!”
Comment by Responsa Monday, Oct 22, 18 @ 10:35 am
===That’s the only place to win it, but that’s not the job of his lawyers.===
I agree and that’s the point I was trying to make. Don’t let the lawyers make the news. Their version of winning can be viewed totally different than how the public views it. On the other hand the public relations team has to be careful not to give the plaintiffs any ammunition to make news either.
Comment by Been There Monday, Oct 22, 18 @ 10:36 am
Hannah’s tweet at 9 am has gone missing.
Comment by Da Big Bad Wolf Monday, Oct 22, 18 @ 10:39 am
Re Wordslinger at 10:25. So freaking hilarious. Bloody good comment.
Comment by Yiddishcowboy Monday, Oct 22, 18 @ 10:39 am
You really don’t need to get very far into the Federal Rules of Civil Procedure to see how Mr. Allen could and should have handled this. Rule 4(d)(1) provides:
Requesting a Waiver. An individual, corporation, or association that is subject to service under Rule 4(e), (f), or (h) has a duty to avoid unnecessary expenses of serving the summons. The plaintiff may notify such a defendant that an action has been commenced and request that the defendant waive service of a summons.
In my experience, virtually all suits in Federal Court were commenced through Waiver of Service agreements. It is also my experience that Federal Judges, as a rule, and even more so than State Court judges do not suffer fools gladly. If I were Mr. Allen I would wear my raincoat when I appear in Court on this complaint.
Comment by 37B Monday, Oct 22, 18 @ 10:53 am
@ 37B - it’s been a while since I have practiced in federal court, but does not the plaintiff have to send the waiver request? Can the defendant waive service and file an appearance without receiving the waiver request? If the answer to the latter is yes, any excuse of “we haven’t been served yet” is worthless.
Comment by Notorious RBG Monday, Oct 22, 18 @ 11:04 am
===The Pritzker campaign says that never happened.===
Engaging with those suing you, the Pritzker Crew has proven numerous times that their own oppo they ain’t too good at that.
They better be pretty confident an email or text doesn’t exist.
Hows about ya just focus on the odd obsessive way they filed and the $7.5 million
If an email or text surfaces… it won’t change things but it pile on the continued pattern.
Comment by Oswego Willy Monday, Oct 22, 18 @ 11:15 am
Video of press conference https://www.facebook.com/Fox32Chicago/videos/478932195929224
Comment by PigsFly Monday, Oct 22, 18 @ 11:25 am
No offense, but a resignation letter, some Expedia reviews, and a screenshot of a text exchange doesn’t constitute a press release, much less a $7.5 million dollar lawsuit.
Comment by Jocko Monday, Oct 22, 18 @ 11:26 am
Picture —. Plaintiffs respond by hand gesture to the question put to them “How many million of the $7.5 total do you think you deserve for your ‘pain and suffering’.
Comment by Matts Monday, Oct 22, 18 @ 11:28 am
Notorious RBG,
Yes, a defendant can waive service and appear.
Comment by Gooner Monday, Oct 22, 18 @ 11:28 am
So after filing a weak lawsuit that is light on facts, the attorneys and now the plaintiffs are speaking a lot to the media.
But are unable (or unwilling) to not add anything that strengthens their weak complaint.
Why would they be going out on an almost daily basis if they have nothing to offer that will help their chances to obtain justice?
Comment by Henry Francis Monday, Oct 22, 18 @ 11:52 am
I wonder if those still working will now get better accommodations? I don’t really see this working out well for them.
Comment by DuPage Saint Monday, Oct 22, 18 @ 11:59 am
==To advance the only objective, which is to win the election, the lawsuit has to be seen by the public, via the media, to be not credible.==
Or the public needs to ignore it. And hey, a poorly scheduled press conference certainly helps with that.
==The public read “threat to sue unless a $7.5 million payment was made” in the paper and did not think it’s a shakedown.==
I’ll tell ya, as a plaintiff’s attorney, you’re speaking to my wishes way more than to my experience.
==Anyone who has hired a bad contractor or been in a car collision==
That’s not as big a universe as you think. Nor does every plaintiff perfectly understand and remember what their attorneys do for them. Nor are they all capable of avoiding the thought that they are the litigants who are all upright and just, while everyone else is base and money-grabby.
Comment by Arsenal Monday, Oct 22, 18 @ 12:02 pm
It is clear that commenters do not appreciate the far-reaching impact of this lawsuit on State government and campaign work. These allegations will follow J.B. Pritzker and Juliana Stratton regardless of who is victorious in November 6, 2018. How shameful that J.B. Pritzker and Juliana Stratton have denied that these complaints were even made. And for State Senator Kwame Raoul to refer to the work of Black attorneys as “shoddily drafted” says so much about him. To belittle or minimize the allegations raised against the Democratic nominee for Governor should be done at the candidate’s own risk. Lack of character, more corruption, a hostility toward Black people. I was already voting to re-elect Governor Rauner; this development leaves me outraged.
Comment by Black Ivy Monday, Oct 22, 18 @ 12:20 pm
=== this development leaves me outraged.===
Noted.
Comment by 47th Ward Monday, Oct 22, 18 @ 12:23 pm
==And for State Senator Kwame Raoul to refer to the work of Black attorneys as “shoddily drafted” says so much about him.==
All it says about him is that he can read. That’s a really poorly done Complaint. Maybe that doesn’t reflect the substance of the staffers’ experiences. Maybe it only reflects the skill of the lawyer (who is already facing ARDC action).
Look, I’m glad this confirms your priors (”I was already voting to re-elect Governor Rauner…”), but the lawyering on display so far has served the clients very poorly.
Comment by Arsenal Monday, Oct 22, 18 @ 12:25 pm
Black Ivy
You were already voting to reelect Rauner. That only shows this is all political for you at the end of the day. I look forward to Rauner losing.. Still.
Comment by Real Monday, Oct 22, 18 @ 12:25 pm
Not one single specific, detailed allegation of racial or other discrimination. And the Alex Sims who is a Pritzker campaign official in the text message string is an African-America woman.
Comment by Molly Maguire Monday, Oct 22, 18 @ 12:26 pm
BI: the complaint is shoddily drafted. Are you seriously disputing that? The race of the attorney and the person calling it shoddily drafted has nothing to do with the statement.
But let me refer you to my email from last week.
Black Ivy, to quote a great man, as a white male I don’t have anything to say on this topic.
But I would listen to the Guv’s former point person on black economic development, Jimmy Odom. From his resignation letter:
“Prior to accepting this position, I always stated I would step down in my role if I believed the Illinois’ leadership towards helping the community was no longer a genuine priority. Unfortunately, that day has come.”
Comment by Henry Francis Monday, Oct 22, 18 @ 12:28 pm
“hostility toward Black people”
Stratton said around 45% of Pritzker’s campaign staff is African-American, as are most of the senior workers. Rauner’s cabinet and government board positions are reportedly overwhelmingly white and male.
https://www.wbez.org/shows/wbez-news/rauner-appoints-mostly-white-men-to-illinois-boards-cabinet/6007bbe1-d7bf-47ac-a747-1d0a1d366951
Comment by Grandson of Man Monday, Oct 22, 18 @ 12:31 pm
“….the Pritzker campaign has still not been served.”
And, Allen appears to intend to milk those 120 days for all they are worth (he stated they had 120 days on this week’s “Capitol Connection” and in today’s presser)… or, is it 90 days… hmmmm. Maybe Attorney Allen needs to review the rules.
Change To FRCP 4(m)
Tuesday, December 1, 2015
“Effective December 1, 2015, Federal Rule of Civil Procedure 4(m) as it pertains to Time Limit for Service is amended. (See 2015 Revised Federal Rules of Civil Procedure). Practically speaking, the time for serving defendant is reduced from 120 days to 90 days. This Court intends to construe the amended rule so that any case commenced prior to December 1, 2015 will have 120 days to serve the complaint and any case commenced December 1, 2015 or later will have 90 days to serve the complaint.”
http://www.ilcd.uscourts.gov/news/change-frcp-4m
With this said, I’m not an attorney, so if I’m wrong about this, please correct my misstatement.
Comment by Anon221 Monday, Oct 22, 18 @ 12:44 pm
@Anon221 - the current rule is slightly different, but yes, 90 days is the deadline.
https://www.federalrulesofcivilprocedure.org/frcp/title-ii/rule-4-summons/
m) Time Limit for Service. If a defendant is not served within 90 days after the complaint is filed, the court – on motion or on its own after notice to the plaintiff – must dismiss the action without prejudice against that defendant or order that service be made within a specified time. But if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period. This subdivision (m) does not apply to service in a foreign country under Rule 4(f), 4(h)(2), or 4(j)(1) or to service of a notice under Rule 71.1(d)(3)(A).
Comment by Notorious RBG Monday, Oct 22, 18 @ 12:52 pm
Black Ivy says “commenters do not appreciate the far-reaching impact of this lawsuit on State government and campaign work.”a
I think BI is right on this narrow point. Many war stories have been aired here about bad conditions of offices and housing, along with sociopathic or sexist attitudes of superiors. Perhaps this is what is needed to force better treatment of campaign workers. Wouldn’t it be better if workers were housed safely, in offices lacking mold and other dangers that OSHA might be concerned about, and treated with all due attention to discrimination and sexism? Even if most of the complaints in the suit are not founded, it sounds like improvements might have been needed. Maybe suffering shouldn’t be a badge of honor anymore.
Comment by Jibba Monday, Oct 22, 18 @ 12:52 pm
Quincy Vets who died are out of news cycle. Campaign workers asking for 7.5 million after working a few months with vague complaintd are in news cycle. What a joke.
Comment by DeseDemDose Monday, Oct 22, 18 @ 12:56 pm
Thanks RBG. I would be really concerned if one of my attorneys didn’t know court deadlines.
Comment by Anon221 Monday, Oct 22, 18 @ 1:10 pm
–This seems like a possibly dangerously unequivocal statement for Pritzker PR team to make. Trust us. They just *know* without question that there were no staffing/management problems–ever–in the field that might be cause for concern either now or in the future especially as relates to minority campaign workers? How do they know? How can they be so sure?–
Read the statement you’re commenting on, for crying out loud.
==from the Pritzker campaign: “The fact is, there is no basis for the accusations being made.”==
What don’t you understand? They are referring, specifically, to the accusations being made in the complaint, not your aimless wandering around the barn about hypothetical complaints that have not been made.
Comment by wordslinger Monday, Oct 22, 18 @ 2:53 pm
== Quincy Vets who died are out of news cycle. ==
That is probably the most interested result to date.
Comment by RNUG Monday, Oct 22, 18 @ 4:05 pm
===Quincy Vets who died are out of news cycle===
Saw three ads about it watching football last night.
Comment by Rich Miller Monday, Oct 22, 18 @ 4:07 pm
This is what I get for posting something and going out for the day.
@RBG: I believe you are correct that even where a defendant neither is served with a summons or mailed a copy of the Complaint with a request for a waiver of service that defendant can choose to file an appearance and an answer or a responsive pleading (e.g. MTD). If the plaintiff is proceeding according to the FRCP, the usual procedure is to either serve the complaint with a summons or go the waiver of service route (which then allows the defendant more time to answer than if there was service of the Complaint and Summons). I am fairly certain that, if it wanted to, the Pritzker Campaign could speed things along by obtaining what was filed in the federal court (on-line or from the Clerk’s office)and then appearing and answering the Complaint.
That is a long and winding way of explaining that I agree that the protestations that the campaign was not served, even if true, are somewhat disingenuous.
My real point, in retrospect, is that Allen is not conducting this case in the normal way. If he had no intention of securing the court’s jurisdiction over the Campaign until January, this looks more and more like a publicity stunt meant to undermine JB’s election chances.
Comment by 37B Monday, Oct 22, 18 @ 6:17 pm
== Saw three ads about it watching football last night. ==
Since I don’t watch football, or much TV at all for that matter, I didn’t see any of the ads. About all I watch, sometimes, is a half hour of local news.
Comment by RNUG Monday, Oct 22, 18 @ 9:03 pm
–“We were ignored, silenced, intimidated and forced to endure their abuse of power,” Little said.–
Lot of word salad like this in that presser.
You really can’t be “ignored,” then also “silenced,” “intimidated,” and “abused.”
–“This is not about politics. Our clients’ claims are above politics.”–
And beyond articulation, apparently. After a week featuring a lawsuit filed, news interviews and a press conference…what the heck are they talking about anyway, that rates $7.5 million?
Comment by wordslinger Tuesday, Oct 23, 18 @ 9:24 am