October 14, 2010

Memorandum Opinion and Order. Signed by the Honorable James F. Holderman on 10/14/2010: Mailed notice (am)

November 22, 2010

Written Opinion: The Court submits to counsel the (Sample Form) Verdict of the Jury that the court, subject to hearing further from counsel at the pretrial conference set for 3:00 p.m. on November 29, 2010, intends to provide the jurors prior to opening statements at the trial for the jurors' edification. The court will make a final determination as to the final verdict form after evaluating the evidence presented at the trial and after considering the parties' positions as articulated by counsel. Signed by the Honorable James F. Holderman on 11/22/2010: Mailed notice (am)

November 22, 2010

Written Opinion: Court provides to counsel the court's instructions on the voir dire process to be followed at the trial. Each side will have three peremptory challenges as allowed by 28 U.S. C. 1870. Eight jurors will be selected to serve on the jury. Signed by the Honorable James F. Holderman on 11/22/2010: Mailed notice(am)

June 8, 2011

WRITTEN Opinion entered by the Honorable James F. Holderman on 6/8/2011: For the reasons explained in the Statement section of this order, the jury will not be instructed on plaintiff Merced Rojas's ("Rojas") purported First Amendment familial association claim at trial. Rojas's "Motion for Discovery" related to Defendants' qualified immunity on Rojas's First Amendment familial association claim 372 is denied as moot. Mailed notice (am)

June 21, 2011

WRITTEN Opinion entered by the Honorable James F. Holderman on 6/21/2011:For the reasons explained in the Statement section of this order, plaintiff Merced Rojas's ("Rojas") "Motion for Reconsideration of this Court's Order (Docket #335) Regarding Monell Liability" 392 is granted. The court will permit Rojas to present evidence related to the Town's Monell liability based on either a widespread practice or final policymaker theory of liability. Because the identification of the final policymaker is a question of law for the court, the court will make its ruling on whether President Larry Dominick was a final policymaker after the jury reaches its verdict. Signed by the Honorable James F. Holderman on 6/21/2011: Mailed notice (am)

July 13, 2011

WRITTEN Opinion entered by the Honorable James F. Holderman on 7/13/2011: The court provides its rulings on the parties' objections to the court's proposed damages instructions [441, 444] in the Statement section of this order.Signed by the Honorable James F. Holderman on 7/13/2011: Mailed notice (am)

August 17, 2011

MOTION by Plaintiff Merced Rojas for judgment Entry, Against Defendant Town of Cicero (Kurtz, Dana)

December 22, 2011

WRITTEN Opinion entered by the Honorable James F. Holderman on 12/22/2011:For the reasons listed in the Statement section of the order, plaintiff Merced Rojas' "Motion for a New Trial on Plaintiff's Equal Protection Claim of Race Discrimination Only" 490 is denied, Defendants' "Renewed Motion for Judgment as a Matter of Law Pursuant to Federal Rule of Civil Procedure 50(b)" 486 is denied, and "Defendants' Motion for a New Trial Pursuant [to] F. R. Civ. P. 59(a) and Relief from Judgment Pursuant [to] F. R. Civ. P. 60(b)" 488 is granted. A new trial is granted on only Rojas' claim under 42 U.S.C. § 1983 of retaliation for political affiliation. A new trial is set to begin on 4/23/12 at 9:00 AM, and a final pretrial conference will be held at 4:00 PM on 4/17/12."Defendants' Motion for Remittitur Pursuant to Rule 59(e)" 491, "Plaintiff's Post-Trial Motion for Reinstatement" 492, and Rojas' "Motion for Instructions Pursuant to ILND LR 54.3(g)" 499 are denied as moot. Signed by the Honorable James F. Holderman on 12/22/2011: Mailed notice (am)