United States District Court, C.D. Illinois
SCHANZLE-HASKINS UNITED STATES MAGISTRATE JUDGE
matter comes before the Court on Defendant Illinois Health
and Science's Motion for Entry of Default (d/e 73)
(Motion for Default); Plaintiff's Motion for Leave,
Instanter, to File Plaintiff's Answer to the Affirmative
Defenses and Counterclaim of Defendant, Illinois Health and
Science (d/e 75) (Motion for Leave); and Defendants'
Motion to Exclude the Evidence and Testimony of Eighteen
Witnesses Identified in Plaintiff's Tardy Rule 26(A)(1)
Disclosures Pursuant to Federal Rule of Civil Procedure
37(c)(1), and for Additional Time to Depose Plaintiff and One
or More Other Witnesses After Plaintiff Corrects the Serious
Deficiencies in His Tardy Document Production (d/e 79)
(Motion to Exclude and Extend) (collectively, the Motions).
For the reasons stated below, the Motion for Leave is
ALLOWED, the Motion for Default is DENIED as moot, and the
Motion to Exclude and Extend is ALLOWED.
3, 2017, plaintiff Ali Naqvi filed this action against
Defendants Illinois Health and Science; Decatur Memorial
Hospital; Zevacor Molecular; Zevacor Pharma, Inc.; Timothy D.
Stone, Jr.; Ray Mosser; Ron Drane; Robin King; John Funk;
Scott Frederickson; and Ken Smithmier. Complaint (d/e
1). On October 2, 2017, Naqvi filed an Amended Complaint
(d/e 32). Naqvi was employed as the Chief Financial Officer
(CFO) of several of the business entity defendants from
November 2013 to November 5, 2015. Amended
Complaint, ¶ 21. Naqvi alleged claims for
employment discrimination based on race and national origin
in violation of Title VII of the Civil Rights Act of 1964, 42
U.S.C. §§2000e (Count I), and state law claims for:
retaliation in violation of the Illinois Whistleblower
Protection Act, 740 ILCS 174/1 et seq. (Count II);
retaliatory discharge (Count III); defamation per se (Count
IV); breach of contract (Count V); tortious interference with
a current business relationship (Count VI); negligent
infliction of emotional distress (Count VII); and intentional
infliction of emotional distress (Count VIII). See
generally Amended Complaint.
7, 2018, the District Court dismissed Counts Count VII, and
also dismissed Counts II, III, and VIII as to only some
Defendants. Opinion entered June 7, 2018 (d/e 58),
at 29. On June 21, the Defendants answered. See Answers
of Defendants (d/e 59, 60, 61, 62, 63, 64, 65, and 66).
Defendant Illinois Health and Science alleged a counterclaim
(Counterclaim) against Naqvi with its answer. Answer and
Affirmative Defenses of Defendant Illinois Health and Science
to Plaintiff's Amended Complaint and Counterclaim (d/e
11, 2018, this Court conducted a scheduling conference and
entered a Scheduling Order (d/e 70). The Court ordered the
parties to make the Rule 26(a)(1) initial disclosures by
August 17, 2018 and to complete fact discovery by July 31,
2019. Scheduling Order, ¶¶ 1 and 4.
12, 2018, Naqvi's answer to the Counterclaim was due.
Fed.R.Civ.P. 12(a)(1)(B). Naqvi did not answer by that date.
Naqvi further did not provide his Rule 26(a)(1) initial
disclosures on August 17, 2018, as ordered by this Court.
Naqvi also did not request extensions before the respective
due dates as required by the Local Rules. See Local
August 22, 2018, Naqvi requested from Defendants an extension
of time to file his answer to the Counterclaim to August 31,
2018. Defendants agreed. Naqvi states that he wanted the
extension to determine if insurance coverage existed to
defend the Counterclaim. Naqvi, however, did not answer the
Counterclaim by August 31, 2018.
20, 2019, Defense counsel asked Naqvi's counsel to file
an answer to the Counterclaim and discovery responses,
including Naqvi's Rule 26(a)(1) initial disclosures. On
June 3, 2019, Naqvi's counsel informed defense counsel
that she recently had a death in her family and asked for an
extension to June 7, 2019, to file the answer and provide
discovery. On June 7, 2019, defense counsel asked for an
extension to June 11, 2019 because her paralegal assistant
was out due to health related issues. On June 11, 2019,
Naqvi's counsel did not provide any discovery or file an
answer to the Counterclaim. Motion for Default, Exs.
D-G, Email Correspondence Between Counsel for the
19, 2019, Defendants filed a Motion to Compel (d/e 72). On
June 21, 2019, Defendants filed the Motion for Default (d/e
73). On July 3, 2019, Naqvi provided Defendants with his Rule
26(a)(1) initial disclosures. See Memorandum in Support
of Defendants' Motion to Exclude and Extend (d/e 80)
(Defendants' Memorandum 80), Exhibit B,
Plaintiff's Initial Disclosures Pursuant to Rule
26(a)(1) (Naqvi Initial Disclosures). On July 5, 2019,
Naqvi filed the Motion for Leave (d/e 75).
Naqvi Initial Disclosures listed 21 persons with knowledge
that Naqvi may use to provide evidence to support his claim.
Initial Disclosures, at 1-7. Of these 21, only three had
been otherwise disclosed in discovery before that date. The
three were Naqvi, Ed Blum, and Andrew Brkie. On July 10,
2019, the Court ruled on the Defendants' Motion to
Compel. Opinion entered July 10, 2019 (July 10, 2019
Opinion). On July 11, 2019, Defendants filed the Motion
to Exclude and Extend (d/e 79).
Motions have been briefed and are ready for resolution.
for Default ...