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- ilnd;;1:13-cv-07136_de10 RegisterActionDate "2013-10-25" @default.
- ilnd;;1:13-cv-07136_de10 RegisterActionDescriptionText "MINUTE entry before Honorable Jeffrey Cole: Mary Kay Schultz is ordered to appear at 8:00 a.m. 10/28/13 in courtroom 1003 and show cause why a recommendation should not be made to Judge Aspen that she be held in contempt for her use of an epithet directed at the court while she was still in the courtroom. The facts surrounding what occurred are set forth below. On 10/9/13 the plaintiff filed a motion in front of Judge Aspen for leave to file a third-party subpoena prior to a Rule 26 conference. [#3]. Judge Aspen referred the matter here. The motion was printed on both sides of the page and its 4 exhibits were not separated by protruding tabs. The double sided printing and the absence of protruding tabs were both violative of our Local Rules. Since the motion by its nature was unopposed and since the lawyer presenting the motion was from Geneva, Illinois, I chose to exercise my discretion and disregarded these Rule violations. Schlacher v. Law Offices of Phillip J. Rotche & Associates, P.C., 574 F.3d 852, 859 (7th Cir. 2009). The motion did not have attached to it the proposed subpoena -- an omission I did not notice at the time. The motion also provided that a proposed order was attached for the court's convenience. No proposed order was attached as an exhibit to the materials sent down by Judge Aspen which presumably was the courtesy copy provided to Judge Aspen pursuant to Local Rule 5.2(f). If a courtesy copy was not provided that is a third Local Rule violation in connection with this motion. A review of the docket conducted after counsel left the courtroom revealed a proposed order which permits the plaintiff to serve a subpoena on Comcast Cable requiring that the plaintiff be provided with the name, address, telephone number and email address of the defendant to whom the ISP address but does not have attached the proposed subpoena, itself. In any event, the motion was granted. The plaintiff then requested permission to provide a draft order -- presumably the proposed order that was filed on the docket and that the motion represented was attached "for the court's convenience" but which in fact was not attached to the motion. The plaintiff's lawyer asked to submit a draft order and I expressed the view that the minute order granting the motion would suffice to enable her to obtain the information she wanted. It was apparent that the plaintiff's lawyer didn't agree with my conclusion. In any event, as she was gathering her belongings at the counsel table, mouthed or said sotto voce to a person in the courtroom,"What an asshole." Mailed notice (jms, ) (Entered: 10/25/2013)" @default.
- ilnd;;1:13-cv-07136_de10 AdministrativeID "10" @default.
- ilnd;;1:13-cv-07136_de10 OntologyLabel minute_entry @default.