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Case 3:09-cv-00133-DRH-PMF Document 64 Filed 05/22/11 Page 1 of 4 Page ID #840

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS

BETTY D. COOK,

Plaintiff,

-vs-

ILLINOIS DEPARTMENT
OF CORRECTIONS,

Defendant.

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No. 09-133-DRH

DEFENDANT’S MOTION TO AMEND

THE FINAL PRE-TRIAL ORDER

NOW COMES the Defendant, ILLINOIS DEPARTMENT OF CORRECTIONS

(“Department”), by and through its attorney, Lisa Madigan, Attorney General for the State of Illinois,

and for its Motion to Amend the Final Pre-Trial Order states as follows:

1.

2.

Attached hereto is an amended Defendant’ Exhibit List.

The following items have been amended:

a.

b.

c.

d.

The description of exhibit 12 has been changed to reflect the correct

timeframe of 2/1/2007-3/14/2007.

The description of exhibit 38 has been changed to reflect the correct date of

10/12/2007.

Former exhibit 30 has been removed.

New documents added to this list include exhibit nos. 30, 45-61.

3.

Of the newly added exhibits, exhibit nos. 30, 45-57 were produced during the course

of discovery.

Case 3:09-cv-00133-DRH-PMF Document 64 Filed 05/22/11 Page 2 of 4 Page ID #841

4.

Exhibit Nos. 30, 45-57 are not new information, they are similar exhibits to what was

included on the final pre-trial motion, have been added in light of the Parties’ trial

briefs and jury instructions, and there is no prejudice to the addition of these exhibits.

Exhibits nos. 58-61 were obtained by counsel for Defendant this week and were

produced to counsel for Plaintiff within a day thereof.

Exhibits nos. 58-59 are pay information for Plaintiff, are well within her area of

personal knowledge, and were obtained in anticipation of Plaintiff’s testimony about

5.

6.

her damages.

7.

The topics included within Exhibit nos. 58-59 have been discussed throughout this

litigation, indeed Exhibit 58 contains little more information than Exhibit 57

(produced in discovery) but is easier to read.

8.

Exhibit 59 did not exist until this past week, but regardless this is information which

9.

10.

Plaintiff should be very familiar with, as it memorializes her retirement benefit.

Exhibit no. 60 was discovered this past week and produced upon discovery.

The topic of allocations was discussed during Warden Robert’s deposition, Exhibit

60 is simply a listing of the allocations for Centralia CC from fiscal year 2006.

11.

There was no specific discovery request made for allocation information made by

Plaintiff.

12.

13.

14.

Exhibit no. 61 is a C.H.A.M.P.S. report which was generated on May 18, 2011.

This report was provided to Plaintiff upon receipt by the undersigned.

The topic of inmate Golden’s visitor list was discussed at length in multiple

depositions taken by Plaintiff’s counsel.

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Case 3:09-cv-00133-DRH-PMF Document 64 Filed 05/22/11 Page 3 of 4 Page ID #842

15.

There was no specific discovery request for all reports relating to inmate Golden

made by Plaintiff.

16.

The information in Exhibit 61 serves two purposes, first it may be used to for

impeachment because it contains C.H.A.M.P.S. entries made by Plaintiff, second it

may be used to verify whose signature appears on inmate Golden’s visitor list.

17.

For the foregoing reasons, the topics of Exhibits 58-61 are not new and there is no

prejudice to Plaintiff should these exhibits be used at trial.

18.

Defendant has filed a response, incorporated herein, to Plaintiff’s Motion for

Protective Order which also explains the relevance and lack of prejudice for Exhibits

58-61.

III. CONCLUSION

For these reasons, Defendant, ILLINOIS DEPARTMENT OF CORRECTIONS, respectfully

requests this honorable Court grant its Motion and amend the Final Pre-Trial Order to include

Defendant’s Amended Exhibit List.

Respectfully submitted,

ILLINOIS DEPARTMENT OF
CORRECTIONS,

Defendant,

LISA MADIGAN, Attorney General,
State of Illinois

Attorney for Defendant,

By: /s/ Joanna Belle Gunderson

JOANNA BELLE GUNDERSON

Assistant Attorney General

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Joanna Belle Gunderson
Illinois Bar # 6286292
Assistant Attorney General
500 South Second Street
Springfield, Illinois 62706
(217) 782-1841
Of Counsel.

Case 3:09-cv-00133-DRH-PMF Document 64 Filed 05/22/11 Page 4 of 4 Page ID #843

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS

BETTY D. COOK,

Plaintiff,

-vs-

ILLINOIS DEPARTMENT
OF CORRECTIONS,

Defendant.

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) No. 09-133-DRH
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CERTIFICATE OF SERVICE

I, Joanna Belle Gunderson, Assistant Attorney General, hereby certify that on May 22, 2011
I electronically filed the foregoing Defendant’s Motion to Amend the Final Pre-Trial Order with the
Clerk of Court using the CM/ECF system which will send automatic notification of such filing to
the following counsel of record for Plaintiff:

Thomas O. Falb

[email protected]

Respectfully submitted,

/s/Joanna Belle Gunderson
Joanna Belle Gunderson # 6286292
Attorney for Defendant
Assistant Attorney General
500 South Second Street
Springfield, IL 62706
Telephone: (217) 782-1841
Facsimile: (217) 524-5091
[email protected]