United States District Court, C.D. Illinois
SCHANZLE-HASKINS, UNITED STATES MAGISTRATE JUDGE.
matter comes before the Court on Plaintiff Christina
Hibbert's Motion for Leave to File Amended Complaint (d/e
17). For the reasons set forth below, the Motion is ALLOWED.
Hibbert was a civilian employee of the Illinois State Police.
The Defendants were officers of the Illinois State Police. On
several occasions in October, November, and December of 2014,
Hibbert had sex with Illinois State Police Master Seargent
Anthony L. McClure in the Illinois State Police headquarters
office building. McClure and Hibbert had sex in a closed
conference room during working hours. In November and
December of 2014, Defendant Agnes Kindred-Johnson arranged
for installation of video cameras in the conference room to
establish that McClure and Hibbert were having sex in the
office during working hours.
Illinois State Police went through an extensive
administrative process to terminate McClure. During the
course of the administrative proceedings, the Defendants
subpoenaed Hibbert's personal cell phone. McClure was
ultimately terminated. Hibbert was also terminated.
brought this action alleging two counts. Complaint (d/e
1). She alleged that securing her phone through use of a
subpoena violated her rights under the Fourth Amendment.
Complaint, Count I. She also alleged that under the
Fourth Amendment, she had a reasonable expectation of privacy
to have sex in an Illinois State Police conference room, and
Defendants violated her right by installing video cameras and
recording her sexual activities. Complaint, Count
Court issued a Scheduling Order on February 17, 2017 (d/e
14). The Scheduling Order set May 15, 2017, as the deadline
for amending pleadings or adding parties, and December 15,
2017, as the deadline for completing discovery.
Scheduling Order, at 1-2. On September 27, 2017, the
Court extended the deadline to complete discovery to February
15, 2018. Text Order entered September 27, 2017.
January 18, 2018, Hibbert took the deposition of Defendant
Kindred-Johnson. Kindred-Johnson testified that she set up
the video cameras in November and December 2014. She also
testified that Illinois State Police Deputy Director Bryan
Ley set up cameras in the conference room in October 2014.
The cameras that Ley set up also recorded Hibbert having sex
with McClure. Memorandum of Law in Support of Motion for
Leave to File Amended Complaint, at 1-2.
did not know about the October 2014 video recordings until
the January 2018 deposition. Hibbert states that the October
2014 recordings were not disclosed in McClure's
administrative proceedings or in discovery prior to this
deposition. Id. at 3. Defendants do not dispute
this. See Response to Plaintiff's Motion to Amend
(d/e 19) (Response), at 6-7.
February 15, 2018, the Court extended the deadline to
complete discovery to March 15, 2018. Text Order entered
February 15, 2018. On March 14, 2018, Hibbert deposed
Ley and confirmed that he installed the cameras and recorded
her and McClure in October 2014.
March 15, 2018, Hibbert filed the Motion to amend her
complaint to add Ley as a defendant and to add an additional
Count III, claiming violation of Hibbert's Fourth
Amendment rights based on substantially the same theory as
Count II. Defendants oppose the Motion.
seeks to amend the pleadings and add a party after the May
15, 2017 deadline in the Scheduling Order. Hibbert must first
establish good cause to amend the Scheduling Order before she
may proceed with the Motion. Alioto v. Town of
Lisbon, 651 F.3d 715, 719 (7th Cir. 2011).
Hibbert claims she had good cause because she did not know of
the possibility that Ley placed cameras in the conference
room and recorded her having sex until January 2018, and she
did not confirm that fact until she deposed Ley in March
2018. Ley's recording of her in October 2014 was not
disclosed in any of the administrative proceedings or in
earlier discovery in this proceeding. The Court finds that
discovery on new evidence such as this is sufficient to
constitute good cause. See Direct Enterprises Inc. v.
Sensient Colors LLC, 2017 WL 2985623, at *3 (S.D. Ind.
July 13 2017); Armitage v. Apex Control Systems,
Inc., 2010 WL 4318846, at *1 (S.D. Ind. October 26,
Defendants argue Hibbert did not have good cause because she
did not act diligently. She delayed filing the motion until
10 months after the May 15, 2017 deadline to amend. In
support of this argument, Defendants cite Bell v.
Taylor, 827 F.3d 699 (7th Cir. 2016). In
Bell, however, the plaintiff discovered the new evidence in
April 2013. The deadline to amend was set on July 15, 2013.
The plaintiff did not file the motion to amend until March
2014. Bell, 827 F.3d at 705. Hibbert did not