IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

THE UNITED STATES OF AMERICA, )

ex rel ERIKA SANDSTROM and ADRIENNE )

ISLA, et al., ) Case No. 12-CV-622

)

Plaintiffs, ) JURY TRIAL DEMANDED

v. )

) Judge Charles Kocoras

CHICAGO BOARD OF EDUCATION, et al., )

)

Defendants. )

MOTION TO DEEM FACTS ADMITTED AS AGAINST MARTA MATOS

Relators/Plaintiffs Erika Sandstrom and Adrienne Isla, by their attorneys Keith L. 

Hunt and Bradley E. Faber, hereby move that the Court to deem facts admitted as 

against Defendant Marta Matos pursuant to Fed. R. Civ. P. 36(a)(3), and state:

I.

INTRODUCTION

1. The Plaintiffs/Relators (“Plaintiffs”) filed this lawsuit which includes claims 

under the Federal False Claims Act (“FCA”) and Illinois False Claims Act against 

Defendant Marta Matos (“Matos”). 

2. Matos allegedly worked at Principal Dr. Asuncion Ayala’s instruction to 

assist parents and students in filling out forms titled “CPS Household Application For 

Free And Reduced-Price Meals.” (See, Doc. # 126, at ¶ 130(b)(i)-(ix)). 

3. Plaintiffs allege that Matos altered forms or instructed parents of North 

Grand High School students to alter forms so as to misreport families’ household 

income, the number of dependents in a household, and other information so as to make 

it appear that a family was eligible for the free and reduced price meal program. Id.

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4. Plaintiffs allege Matos admitted as much when she was interviewed by the 

Chicago Public Schools Inspector General. Id.; see also, Ex. A, at p. 9 (indicating that 

Matos admitted to falsifying meal applications that the parents of some students 

submitted and that she did this “in order to improperly qualify the students for free and 

reduced-price meals.”). 

5. On June 8, 2019, Plaintiffs served “Plaintiffs’ First Set Of Requests For 

Admission Of Fact And Genuineness Of Documents To Defendant Marta Matos”

pursuant to Federal Rule of Civil Procedure 36 (“Rule 36”). (Ex. B - (“Plaintiffs’ Rule 36 

Requests”)). 

6. Plaintiffs’ counsel confirmed Matos’ address with her by phone prior to 

serving Plaintiffs’ Rule 36 Requests. (Ex. C). 

7. Plaintiffs confirmed that the Plaintiffs’ Rule 36 Requests were delivered to

the address Matos provided on June 13, 2018. (Ex. C(1)).

8. Matos has failed to respond to Plaintiffs’ Rule 36 Requests.

II.

ARGUMENT

9. Pursuant to Rule 36(a)(3):

A matter is admitted unless, within 30 days after being served, the party to 

whom the request is directed serves on the requesting party a written 

answer or objection addressed to the matter and signed by the party or its 

attorney. A shorter or longer time for responding may be stipulated to 

under Rule 29 or be ordered by the court.

Fed. R. Civ. P. 36(a)(3).

10. Where a party fails to timely respond to Rule 36 Requests, the 

Court should deem statements contained in that Request to Admit as admitted. 

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See, e.g., J&J Sports Prods. v. Banda, 2009 U.S. Dist. LEXIS 41997, at *4 (N.D. 

Ill. Apr. 8, 2009)(Der-Yeghiayan, D.J.). 

11. In J&J Sports Prods., the District Court deemed facts admitted 

where a party failed to respond to Rule 36 Requests within five (5) months.

12. With respect to Matos, more than a year has passed since she was 

served with Plaintiffs’ Rule 36 Requests. She has failed to timely respond.

13. Accordingly, pursuant to Rule 36(a)(3), Plaintiffs’ Rule 36 Requests 

to Matos should be deemed admitted.

V.

CONCLUSION

WHEREFORE, the Plaintiffs respectfully request the Court grant Plaintiffs’ Motion 

to Deem Facts Admitted as Against Marta Matos, and for such other relief that this 

Court deems equitable and just. 

Respectfully Submitted,

/s/ Bradley E. Faber (electronic signature)

An Attorney for Plaintiffs/Relators

Keith L. Hunt

Bradley E. Faber

Hunt & Associates, P.C.

55 West Monroe, Suite 3600

Chicago, Illinois 60603

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CERTIFICATE OF SERVICE

The undersigned attorney certifies that a copy of the foregoing Relators/Plaintiffs’ 

Motion to Approve Settlements served to counsel for all parties of record, as listed 

below, via the Court’s CM/ECF Electronic filing system on August 13, 2019. 

United States Attorney’s Office (NDIL) Hector Morales PC

219 South Dearborn Street, Suite 500 Law Offices of Hector Morales,

Chicago, Illinois 60604 Chicago, Illinois 60602

USAILN.ECFAUSA@usdoj.gov hectormoraleslaw@aol.com

Robert A. Habib Peter Carl Nabhani

Robert A. Habib Attorney at Law Law Office of Peter Nabhani

77 W. Washington St., Suite 1507 77 W. Washington St., Suite 411

Chicago, Illinois 60602 Chicago, Illinois 60602

Robhabib77@gmail.com pcnabhani@gmail.com

Jerome F. Marconi, Jr. E. Lawrence Oldfield

Jerome F. Marconi & Associates oldfield@scomlaw.com

218 N. Jefferson St., Suite 300

Chicago, Illinois 60661

ijustdoit@ameritech.net

Stefani Markovic David M. Jenkins

The Markovic Law Firm, LLC The Jenkins Law Group, P.C.

7066 W. Higgins Ave. 135 S. LaSalle St., Suite 3300

Chicago, Illinois 60656 Chicago, Illinois 60603

Steven Earl Glink Jennifer A. Nabor

Law Offices of Steven E. Glink Laner, Muchin, Dombrow, Becker,

3338 Commercial Ave. Levin and Tominberg, Ltd.

Northbrook, Illinois 60062 515 North State St., Suite 2800

steve@educationrights.com Chicago, Illinois 60610

Richard D. Grossman

Paul J. Ciastko Law Offices of Richard D. Grossman

Bd. of Ed. of the City of Chicago 211 W. Wacker Dr., Suite 710

125 S. Clark Street, Suite 700 Chicago, Illinois 60606

Chicago, Illinois 60603

Carmen Cruz

3348 N. Kedvale

Chicago IL 60641

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Martha Matos

2325 N. Marmora

Chicago IL 60639

Digna Mercado

3131 N. Kenneth

Chicago IL 60641

/s/ Bradley E. Faber (electronic signature)

An Attorney for Plaintiffs/Relators

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