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GARCIA v. CITY OF CHICAGO

April 7, 2003

GARCIA
v.
CITY OF CHICAGO



The opinion of the court was delivered by: Morton Denlow

Report and Recommendation

The Court recommends that Plaintiff's renewed motion for judgment or other sanctions [155-1] be denied without prejudice to be renewed, if necessary, following completion of the trial scheduled to begin before Judge Holderman on 4/21/03 because: 1) a ruling on this motion may prejudice the parties' right to a jury trial; 2) the issues involved in this motion are interrelated with the issues at trial; 3) this motion has taken on a life of its own which is interfering with the parties' trial preparation; 4) Defendant Fivelson's counsel has been unable to file timely briefs due to office issues which should not be allowed to prejudice Defendant Fivelson; and 5) no prejudice occurs to the parties to see whether this issue becomes moot as a result of the trial.

20030407

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