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Gomez v. Garda CL Great Lakes, Inc.

United States District Court, N.D. Illinois, Eastern Division

December 29, 2014

GABRIEL GOMEZ and ADAM HEDBERG, Plaintiffs,
v.
GARDA CL GREAT LAKES, INC., VILLAGE OF BROADVIEW, DETECTIVE DALE YURKOVICH, and CURTIS MEIGHAN, Defendants

Page 789

For Gabriel Gomez, Adam Hedberg, Plaintiffs: Jared Samuel Kosoglad, LEAD ATTORNEY, Jared S. Kosoglad, P.C., Chicago, IL.

For Garda CL Great Lakes, Inc., Curtis Meighan, Defendants: David Loren Christlieb, LEAD ATTORNEY, Lavanga Vusitha Wijekoon, Littler Mendelson, P.C., Chicago, IL.

For Village of Broadview, Dave Irkovitch, Detective, Defendants: Dominick L Lanzito, Peterson Johnson & Murray - Chicago LLC, Chicago, IL.

Page 790

MEMORANDUM OPINION AND ORDER

Harry D. Leinenweber, United States District Judge.

Before the Court are Defendants' Motions for Summary Judgment [ECF Nos. 137 and 142]. For the reasons stated herein, the Motions are granted.

I. BACKGROUND

Except where noted, the following facts are undisputed, and where there is dispute, the facts are construed in the light most favorable to Plaintiffs as the non-moving parties. Moreover, the Court has considered the parties' objections to certain facts and includes in this background only those facts that are supported, relevant, and admissible.

Plaintiffs Gabriel Gomez (" Gomez" ) and Adam Hedberg (" Hedberg" ) (collectively, the " Plaintiffs" ) used to work for Defendant Garda CL Great Lakes, Inc. (" Garda" ), which is a private security company that provides armored transportation and delivery of money. Plaintiffs worked as armored vehicle operators tasked in part with transporting " e-cash bags," which are sealed bags that contain money to refill ATMs. An e-cash bag usually contains $40,000.00 separated into smaller plastic bags.

On December 19, 2011, Plaintiffs reported for work and checked out the required bags of money for their delivery route. One of those bags was an orange e-cash bag sealed with a green label. By the end of their route, Plaintiffs did not end up delivering the orange e-cash bag and checked it back in at the end of the day. On December 20, Plaintiffs again checked out the orange bag as they began their route. The orange bag was not delivered,

Page 791

but when Plaintiffs checked the bag back in, it was missing $10,000.00 and had a red seal instead of the original green seal. According to Garda, sometime during Plaintiffs' deliveries, the seal was broken, $10,000.00 was taken, and the bag was resealed. Plaintiffs, however, claim that someone took the money between their shifts on December 19 and 20 and that when they checked out the bag at the start of their shift on December 20, the money was already taken and the bag already had a red seal. Either way, the parties agree that the bag was missing $10,000.00.

It was not until December 23 that Garda discovered $10,000.00 was missing from the orange bag. Soon thereafter, Garda's head of corporate security, Daniel Centrachio (" Centrachio" ), started an internal investigation. Both Plaintiffs cooperated with Centrachio's investigation by submitting to polygraph tests and allowing Centrachio to interview them. After initially being placed on " stand-by ...


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