IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

PHILLIP NEGRON, ) 

)

Plaintiff, ) Case No. 12 CV 3288 

)

v. ) Honorable Harry D. Leinenweber

) Magistrate Jeffrey T. Gilbert

VILLAGE OF MELROSE PARK, JOHN )

SCATCHELL, and SAM PITASSI, )

)

Defendants. )

DEFENDANTS’ STATEMENT OF MATERIAL UNDISPUTED FACTS

Defendants submit this statement of facts pursuant to Local Rule 56.1(a)(3), as to which

they contend there is no genuine issue, entitling the moving party Defendants to judgment as a

mater of law on the basis of judicial estoppel and standing.

A. Parties 

1. Plaintiff Phillip Negron is a police officer employed by the Village of Melrose

Park (Defendants’ Answer to First Am. Compl. ¶ 3, attached hereto as Exhibit A). 

2. Defendant Village of Melrose Park is a municipality and has its principal place of

business at 1000 North 25th Avenue, Melrose Park, Cook County, Illinois (Ex. A, Defendants’

Answer to First Am. Compl. ¶ 4).

3. Defendant Sam Pitassi is the Chief of Police employed by the Village of Melrose

Park (Ex. A, Defendants’ Answer to First Am. Compl. ¶ 6).

4. Defendant John Scatchell is a Lieutenant employed by the Village of Melrose

Park (Ex. A, Defendants’ Answer to First Am. Compl. ¶ 5).

Case: 1:12-cv-03288 Document #: 26 Filed: 12/21/12 Page 1 of 5 PageID #:182
B. Plaintiff’s EEOC Charges and Lawsuit

5. On March 30, 2012, Plaintiff filed a charge of discrimination with the Equal

Employment Opportunity Commission (“EEOC”) alleging that Melrose Park discriminated

against him on the basis of race and national origin in violation of Title VII of the Civil Rights

Act of 1964 (Ex. A, Defendants’ Answer to First Am. Compl. ¶ 27) (March 30, 2012, EEOC

Charge, attached hereto as Exhibit B). 

6. On April 16, 2012, April 24, 2012, and May 16, 2012, Plaintiff filed supplemental

charges of discrimination alleging that Melrose Park discriminated and retaliated against him on

the basis of race and national origin, as well as claims of hostile work environment and

retaliation (April 16, 2012, April 24, 2012, and May 16, 2012, EEOC Supplemental Charges,

attached hereto as Group Exhibit C).

7. On May 2, 2012, Plaintiff filed this lawsuit seeking money damages for purported

civil rights violations under 42 U.S.C. § 1983, 42 U.S.C. § 1981, and 42 U.S.C. § 2000e-2 & 3(a)

(Compl., Attached hereto as Exhibit D). 

8. On August 17, 2012, Plaintiff filed an Amended Complaint for money damages

under 42 U.S.C. § 1983 and 42 U.S.C. § 2000e-2 & 3(a) (Am. Compl., attached hereto as

Exhibit E). 

C. Plaintiff’s Bankruptcy Petition 

9. On April 16, 2012, Plaintiff filed a petition for Chapter 7 bankruptcy in the United

States Bankruptcy Court for the Northern District of Illinois, Case No. 12-15318 (Plaintiff’s

Bankruptcy Petition, attached hereto as Exhibit F). 

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10. In Plaintiff’s Bankruptcy Petition, Plaintiff scheduled to be discharged without

payment a debt total $429,285.00 (Ex. F, Plaintiff’s Bankruptcy Petition).

11. In Plaintiff’s Statement of Financial Affairs attached to his Bankruptcy Petition,

the following information was requested from the Plaintiff:

4. Suits and administrative proceedings, executions, garnishments and

attachments

a. List all suits and administrative proceedings to which the debtor is or was

a party within one year immediately preceding the filing of this bankruptcy

case. 

 In response to the above request, Plaintiff listed “None,” (Ex. F, Plaintiff’s Bankruptcy Petition). 

12. In Plaintiff’s Schedule B-Personal Property Section of Plaintiff’s Bankruptcy

Petition, the following information was requested from the Plaintiff:

21. Other contingent and unliquidated claims of every nature, including

tax refunds, counterclaims of the debtor, and rights to setoff claims.

In response to the above request, Plaintiff listed “None,” (Ex. F, Plaintiff’s Bankruptcy Petition). 

13. Plaintiff declared under penalty of perjury that he read the answers contained in

both the Schedule B and Statement of Financial Affairs and that all of the statements contained

within his bankruptcy petition were true and accurate (Ex. F, Plaintiff’s Bankruptcy Petition). 

14. On June 20, 2012, Plaintiff participated in a Rule 341 Meeting of the Creditors 

(Rule 341 Mtg. Of Creditors, Audio Recording attached hereto as Exhibit G). 

15. During the Rule 341 meeting, the bankruptcy trustee, Alex D. Moglia, asked

Plaintiff if he had filed or intended to file any lawsuits, to which Plaintiff responded “No,” (Ex.

G, Rule 341 Mtg. Of Creditors, Audio Recording, 4:30-4:33). 

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16. At the June 20, 2012, Meeting of the Creditors, Plaintiff was under oath and

declared under penalty of perjury that his answers were true and accurate (Ex. G, Rule 341 Mtg. 

Of Creditors, Audio Recording, 0:55). 

17. On September 4, 2012, Plaintiff was discharged from his debt of $429,285.00 

(Bankruptcy Order dated 9/04/2012, attached hereto as Exhibit H). 

18. On September 7, 2012, Plaintiff’s bankruptcy estate was terminated (Bankruptcy

Docket Sheet, Case #12-15318, attached hereto as Exhibit I).

 Respectfully submitted,

 s/Michael D. Bersani 

MICHAEL D. BERSANI, Atty Bar No. 06200897

ANTHONY G. BECKNEK, Atty No. 6305451

Attorneys for Defendants

HERVAS, CONDON & BERSANI, P.C.

333 W. Pierce Road, Suite 195

Itasca, IL 60143-3156

P: 630-773-4774 F: 630-773-4851

mbersani@hcbattorneys.com

abecknek@hcbattorneys.com

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Case: 1:12-cv-03288 Document #: 26 Filed: 12/21/12 Page 4 of 5 PageID #:185
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

PHILLIP NEGRON, ) 

)

Plaintiff, ) Case No. 12 CV 3288 

)

v. ) Honorable Harry D. Leinenweber

) Magistrate Jeffrey T. Gilbert

VILLAGE OF MELROSE PARK, JOHN )

SCATCHELL, and SAM PITASSI, )

)

Defendants. )

CERTIFICATE OF SERVICE

I hereby certify that on December 21, 2012, I electronically filed the foregoing

Defendants’ Statement of Material Undisputed Facts with the Clerk of the Northern District of

Illinois, Eastern Division, using the CM/ECF system, which will send notification of such filing

to the following CM/ECF participants:

TO: Christopher C. Cooper, Law Office of Christopher Cooper, 500 N. Michigan Ave., Suite

1514, Chicago, IL 60611, cooperlaw3234@gmail.com.

Mr. David Sigale, Law Firm of David G. Sigale, P.C., 739 Roosevelt Road, Suite 304,

Glen Ellyn, IL 60137. dsigale@sigalelaw.com 

s/ Michael D. Bersani 

MICHAEL D. BERSANI, Atty No. 06200897

ANTHONY G. BECKNEK, Atty No. 06305451

Attorneys for Defendants

HERVAS, CONDON & BERSANI, P.C.

333 W. Pierce Road, Suite 195

Itasca, IL 60143-3156

P: 630-773-4774 F: 630-773-4851

mbersani@hcbattorneys.com

abecknek@hcbattorneys.com

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