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- ilnd;;1:08-cv-04824_de83 RegisterActionDate "2009-12-03" @default.
- ilnd;;1:08-cv-04824_de83 RegisterActionDescriptionText "MINUTE entry before the Honorable Jeffrey Cole: Motion hearing held. Plaintiffs Second Motion to Compel 68 is denied as it pertains to documents submitted for in camera review bearing Bates Nos. FCRL02250-407. Those documents are the plaintiffs medical records which are not relevant to this case even under the elastic definition of relevancy in Rule 26, Federal Rules of Civil Procedure. The Supreme Court has cautioned that the requirement of Rule 26(b)(1) that the material sought in discovery be relevant should be firmly applied, and the district courts should not neglect their power to restrict discovery where justice requires [protection for] a party or person from annoyance, embarrassment, oppression, or undue burden or expense.... Rule 26(c). With this authority at hand, judges should not hesitate to exercise appropriate control over the discovery process. Herbert v. Lando, 441 U.S. 153, 177 (1979). Failure to exercise that control results in enormous costs to the litigants and to the due administration of justice. Cf. Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007); Frank Easterbrook, Discovery as Abuse, 69 B.U.L.Rev. 635 (1989); Sommerfield v. City of Chicago, 613 F.Supp.2d 1004, 1016 -1017 (N.D.Ill. 2009). That portion of the Second Motion to Compel 68 that relates to the Fitness for Duty file is taken under advisement. The Plaintiffs Third Motion to Compel 81 is granted. The City of Chicago is again ordered to produce, without redaction, the open CR file. That portion of the Third Motion to Compel, which seeks documents relating to the four shootings in which Officer FFD59A9 was involved, is granted to the extent the City has the documents that is to the extent that they are presently in existence. Counsel for the City has represented that despite diligent and ongoing searches, certain files that relate to one or more of the shooting incidents are not in existence or cannot be found. The efforts that have been made to locate the documents should be disclosed in full to counsel for the plaintiff in writing so that the plaintiff can determine whether further discovery relating to those representations of nonexistence might be beneficial. This is not, however to suggest that such discovery is necessary or that the Citys efforts to locate the documents might in any way be insufficient. Mailed notice (lcw, ) (Entered: 12/03/2009)" @default.
- ilnd;;1:08-cv-04824_de83 AdministrativeID "85" @default.
- ilnd;;1:08-cv-04824_de83 OntologyLabel minute_entry @default.
- ilnd;;1:08-cv-04824_de83 hasReferenceToOtherEntry ilnd;;1:08-cv-04824_de66 @default.
- ilnd;;1:08-cv-04824_de83 hasReferenceToOtherEntry ilnd;;1:08-cv-04824_de79 @default.