King v. Evans et al

Filing 135

ORDER: Plaintiff's Motion for Recommendation to the District Court for Sanctions Pursuant to Rule 37(a) 118 is granted in part and denied in part. To the extent that Plaintiff requests a report and recommendation to the District Judge, the Mo tion is denied. As to the underlying relief requested in Plaintiff's Motion for Sanctions, the Motion is granted in part and denied in part without prejudice to further proceedings consistent with this Order. The Court finds that Defendant Eva ns did not waive his right to invoke the Fifth Amendment in response to questions put to him at his deposition when he responded to written discovery or answered Plaintiff's amended complaint before the record shows he was the target of a crimin al investigation for using excessive force against an unrelated person in Cook County. The Court also finds that Evans did not waive his Fifth Amendment right when his lawyers filed an answer to Plaintiff's second amended complaint on his behal f, denying all of the substantive allegations in that pleading, after he had been indicted in Cook County. The Court has reviewed all of the questions listed in Plaintiff's Supplement 121 to her Motion for Sanctions 118 and finds, on this r ecord, that Evans properly invoked his Fifth Amendment right not to answer the questions identified at the following deposition transcript pages and lines: 17:18-20, 17:23-24-18:1, 18:4-5, 18:7-9, 18:12-14, 18:17-20, 18:23-24-19:1, 19:4-7, 19:10-14, 19:17-20, 19:23-20:1, 20:10-12, 21:19-22, 22:1-4, 22:7-10, 25:12-16, 25:19-23, 26:2-5, 26:8-9, 29:4-6, 29:9-10, 29:19-22, 31:5-10, 32:13-15, 33:11-15, 37:4-5, 37:21-24, 44:9-12, 47:18-20, and 48:12-14. As to all of the other questions identified in Plaintiff's Supplement 121 , Evans has not met his burden of showing that he properly invoked his Fifth Amendment right on this record. Accordingly, the Court orders Evans to sit for another deposition, if Plaintiff wants to re-depose him, at w hich he must answer those questions provided the parties follow the procedural guidelines discussed in the Statement attached. The Court also awards Plaintiff the attorney's fees and expenses incurred in briefing her Motion 118 and Supplement 121 under Rule 37 of the Federal Rules of Civil Procedure. A status hearing is set for 9/30/15 at 10:00 a.m. See attached Statement for further details. Signed by the Honorable Jeffrey T. Gilbert on 9/11/2015. Mailed notice (ber, )