Allen v. City of Chicago, Treasurer's Office

Filing 149

MINUTE entry before Honorable Geraldine Soat Brown: Hearing held on objections to exhibits and witnesses. The rulings on the objections are set out below.All matters relating to the referral of this matter having been concluded, the referral is closed and the case returned to the assigned judge. [For further details see minute order.] Notice mailed by judge's staff (ntf, )

Order Form (01/2005)

United States District Court, Northern District of Illinois
Name of Assigned Judge
or Magistrate Judge

Donald E. Walter

CASE NUMBER

09 C 243

CASE
TITLE

Sitting Judge if Other
than Assigned Judge

Geraldine Soat Brown

DATE

4/24/2012

Allen vs. City of Chicago, Treasurer’s Office

DOCKET ENTRY TEXT

Hearing held on objections to exhibits and witnesses. The rulings on the objections are set out below.
All matters relating to the referral of this matter having been concluded, the referral is closed and the case
returned to the assigned judge.

O[ For further details see text below.]

Notices mailed by Judicial staff.
*Copy to judge/magistrate judge.

00:05

STATEMENT

Exhibit Rulings
EXHIBIT NUMBER

RULING ON OBJECTION

Plaintiff’s Exhibit 5

Exhibit withdrawn

Plaintiff’s Exhibit 6

Objection withdrawn

Plaintiff’s Exhibit 10

Relevance objection overruled without prejudice to
renewing objection at trial

Plaintiff’s Exhibit 16

Hearsay objection overruled; defendant may
propose a limiting instruction

Plaintiff’s Exhibit 20

Handwriting will be redacted

Plaintiff’s Exhibit 25

Objection withdrawn based on redactions.

Plaintiff’s Exhibit 34

Relevance objection overruled without prejudice to
renewing objection at trial.

Plaintiff’s Exhibit 38

Relevance objection overruled without prejudice to
renewing objection at trial.
Plaintiff will remove confidential information from

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STATEMENT
final exhibit.
Plaintiff’s Exhibit 47

Relevance objection overruled without prejudice to
renewing objection at trial.

Plaintiff’s Exhibit 52

Exhibit withdrawn

Plaintiff’s Exhibit 59

Relevance objection overruled without prejudice to
renewing objection at trial.
Foundation objection : Overruled

Plaintiff’s Exhibit 66

Relevance objection overruled without prejudice to
renewing objection at trial.
Hearsay objection: Sustained as to document bates
numbered D 9942

Plaintiff’s Exhibit 67

Relevance objection overruled without prejudice to
renewing objection at trial.
Hearsay objection sustained to D201

Plaintiff’s Exhibit 68

Relevance objection overruled without prejudice to
renewing objection at trial.

Defendant’s Exhibit 2

Plaintiff will prepare and submit a complete copy
of the City of Chicago Personnel Rules as Plaintiff’s

Exhibit 69

Defendant may use Defendant’s Exhibits 2 and 3 as
Excerpts from those rules.
Relevance objection overruled without prejudice to
renewing objection at trial.
To the extent that plaintiff believes the Rules are
contrary to law, plaintiff may request a limiting
instruction informing the jury that the judge will
instruct the jury on the law.

Defendant’s Exhibit 3

Same ruling as for Defendant’s Exhibit 2.

Defendant’s Exhibit 7

Relevance objection: Overruled
Foundation objection: Overruled

Defendant’s Exhibit 8

Group Nature: Overruled
Hearsay: Overruled
Objection based on redactions is withdrawn because
defendant submits unredacted exhibit.
Parties will comply with ruling on motion in limine
barring reference to Mr. Whitner’s ADA lawsuit
against the City.

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STATEMENT
Defendant’s Exhibit 9

Relevance objection: Overruled.
Foundation objection: Overruled provided that witness
Stephanie Neely will authenticate the highlighting.
Plaintiff may request a limiting instruction on highlighting.

Defendant’s Exhibit 10

Relevance objection overruled without prejudice to
renewing objection at trial

Defendant’s Exhibit 12

Relevance objection overruled without prejudice to
renewing objection at trial
Personal Knowledge objection: Overruled.

Defendant’s Exhibit 13

Relevance objection overruled without prejudice to
renewing objection at trial : Parties agree to
eliminate all irrelevant e-mail messages from the
exhibits.

Defendant’s Exhibit 14

Relevance objection overruled without prejudice to
renewing objection at trial .
Parties will discuss all e-mail exhibits

Defendant’s Exhibit 15

Relevance: Overruled w/o prejudice- trial judge instruct on
law.
Defendant will submit unredacted exhibit.

Defendant’s Exhibit 16

Relevance objection overruled without prejudice to
renewing objection at trial : Parties agree to eliminate all
irrelevant e-mail messages from the exhibits.

Defendant’s Exhibit 17

Relevance objection overruled without prejudice to
renewing objection at trial : Parties agree to eliminate all
irrelevant e-mail messages from the exhibits.

Defendant’s Exhibit 28

Relevance objection overruled without prejudice to
renewing objection at trial.

Witness Rulings
The parties have set out their positions on witnesses in their Joint Status Report. [Dkt 144.]
Plaintiff has no objections to Defendant’s witnesses.
Defendant has no objections to Plaintiff’s “will call” witnesses.
Defendant’s objections to Plaintiff’s “may call” witnesses are ruled upon as follows:
Defendant’s objections to certain witnesses on the basis that the witness’s testimony would be cumulative are
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STATEMENT
overruled without prejudice to renewing that objection if and when the witness is called at trial.
Defendant’s objection Gwendolyn Dunbar is overruled; however, Plaintiff’s questioning of Ms.
Dunbar shall comply with the ruling on Motion in Limine # 6.
Defendant’s objection to Frank Bello on the ground that his testimony would be hearsay is overruled
without prejudice to any hearsay objections Defendant may make at trial.
Defendant’s objection to Anthony Spraggin is overruled; however, Plaintiff’s questioning of Mr.
Spraggin shall comply with the ruling on Motion in Limine #7. The parties shall continue to discuss whether
a stipulation can be reached to make Mr. Spraggin’s testimony unnecessary.
Defendant’s objection to Robert Keller is sustained. Mr. Keller’s proposed testimony is barred by the
ruling on Motion in Limine #7, and Plaintiff may not call him to testify at the trial.

09C243 Allen vs. City of Chicago, Treasurer’s Office

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