Magistrate Judge Jeffrey Cole.
The defendant, the Board of Education of the City of Chicago, has filed a motion to compel the plaintiffs to file verified answers to interrogatories as required by Rule 33(b)(3) and (5) and to set a discovery closing date. [Dkt. # 200]. The plaintiffs have filed a response in which it now claims that all issues raised by the defendant's motion have been resolved and that the plaintiffs have now produced verifications and that they've agreed to a February 2019 discovery date. [Dkt. # 203]. Indeed, the response largely seeks to place responsibility for any failures on the defendant. Thus, we are told that the plaintiffs' current lawyer and the defendant have always enjoyed a civil, professional and productive relationship. [Dkt. # 203 at 2 ¶ 9]. The response to the motion then goes on to further accuse the defendant of not having communicated its decision to revisit its prior agreement on verifications other than a single email attached to its motions.
Of course, when the facts are viewed in their totality, the record tells a very different story than that portrayed by the plaintiffs' lawyers. In any event, Local Rules need not be followed in appropriate circumstances. As has repeatedly and consistently been held, a decision whether to apply the Local Rule in a given case "strictly or to overlook any transgression is one left to the district court's discretion." Little v. Cox's Supermarkets, 71 F.3d 637, 641 (7th Cir.1995). See also Schlacher v. Law Offices of Phillip J. Rotche & Associates, P.C.574 F.3d 852, 859 (7th Cir. 2009); Waldridge v. American Hoechst Corp., 24 F.3d 918, 923 (7th Cir. 1994); Somlyo v. J. Lu-Rob Enterprises, 932 F.2d 1043, 1048 (2nd Cir.1991); Somlyo v. J. Lu-Rob Enterprises, 932 F.2d 1043, 1048 (2nd Cir.1991). Accord Joseph Story, Miscellaneous Writings, 210 (1852).
First, we address the discovery closing date issue. It's remarkable that at this late date there should even be a question of when discovery will end. The plaintiffs filed this case four years ago. In the parties' initial status report of December 12, 2014, the plaintiffs felt discovery would take about a year, and be completed in December 2015. Predictably, the defendant thought this excessive and estimated (quite unreasonably) that discovery could be completed six month after the court ruled on the motion to dismiss that it intended to file — assuming the court denied that motion. [Dkt. # 14]. That ruling came on September 26, 2016 [Dkt. # 101], but along the way, on June 22, 2015, the court ordered discovery to proceed. [Dkt. # 40]. That would have put the defendant's date for the close of discovery just a month after plaintiffs', in January 2016.
Both deadlines proved to be illusory, as initial proposed discovery deadlines often are. Aside from a stay of about three months in early 2015 [Dkt. # 15, # 27], the parties have been at discovery for about 40 months, or three and a half years. Yet, as of July 3, 2018, they could not agree on a discovery cutoff date. [Dkt. # 200]. Two days after the defendant filed its current motion, the parties finally agreed to February 2019 as the date for the closing of fact discovery. [Dkt. # 203-2]. Expert discovery will follow according to the usual schedule as set forth in the accompanying minute order. Five years of discovery for this case is, to say the least, far more than enough to satisfy the parties' legitimate interests. See BankDirect Capital Fin., LLC v. Capital Premium Fin., Inc., 2018 WL 946396, at *6 (N.D. Ill. 2018)(discussing proportionality in discovery under Fed. R.Civ.P. 26(b)(1)); Sapia v. Bd. of Educ. of the City of Chicago, 2017 WL 2060344, at *1 (N.D. Ill. 2017)(same). Or in the words of the Seventh Circuit, "enough is enough." See generally Montanez v. Simon, 755 F.3d 547 (7th Cir. 2014); Williams v. Shinseki, 373 Fed.Appx. 611 (7th Cir.2010); Walker v. Sheahan, 526 F.3d 973, 981 (7th Cir.2008); Banos v. City of Chicago, 398 F.3d 889, 893 (7th Cir. 2005).
There will be no extensions of the closing dates for fact and expert discovery set forth in the accompanying minute order.
Now, on to the motion to compel verified answers to interrogatories. The plaintiffs concede that they served interrogatories that were not signed (let alone verified) by them. But, their lawyers stress, they had an agreement to file unsigned
The deficiencies in the supposedly verified answers that have at last been filed goes back to a time long before the very recent unacceptable "verifications" were served. Apparently, the defendant originally agreed to accept unverified responses from the plaintiffs by June 15
In any event, the plaintiffs provided "verifications" on July 6
As discussed today in court, the plaintiffs are ordered to provide proper verifications by close of business on Friday, July 13, 2018.
The defendant's motion is granted as to verifications and moot as to a discovery closing date since the parties have now agreed to one. Fact discovery shall close,
The defendant's motion does not explicitly ask for attorneys' fees. It merely asks for "such other relief as this Court deems just." [Dkt. # 200 at 4]. I do not deem this sufficient to constitute a request for attorneys' fees. However, the parties should be on notice that a proper request for fees by either side that is justified by the underlying circumstances will be granted. As Judge Easterbrook said in Rickels v. City of South Bend, Indiana, 33 F.3d 785, 786-87 (7th Cir. 1994):
See also Sambrano v. Mabus, 663 F.3d 879, 881-882 (7th Cir. 2011)("Sanctions such as orders to pay the other side's attorneys' fees may redress injuries done to put-upon adversaries....").