IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION 

JACQUES RIVERA, 

Plaintiff, 

v. 

REYNALDO GUEVARA, et al. 

Defendants. 

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Case No. 12 C 4428 

Judge Joan B. Gottschall 

Mag. Judge Mary M. Rowland 

JURY TRIAL DEMANDED 

DEFENDANT CITY OF CHICAGO’S MOTION FOR LEAVE TO FILE A SURREPLY AND LEAVE TO FILE BRIEF UNDER SEAL 

Defendant City of Chicago, by its respective undersigned attorneys, hereby moves this 

Honorable Court to grant it leave to file a Sur-Reply in response to Plaintiff’s Reply in support of 

his Motion to Compel Production of Monell Related Discovery. Defendant City further moves 

for leave to file its Sur-Reply under seal. In support thereof, Defendant City states as follows: 

1. On March 5, 2015, Plaintiff filed a Motion to Compel production of documents 

related to his “street files” theory. This is one of several Motions Plaintiff has filed on this issue. 

2. In his most recent Motion, Plaintiff requested the Court order production of 138 

Records Division Files to “compare” to the Investigative Files the City produced at an earlier 

stage in this litigation as a result of the lineup project, an unrelated area of discovery. 

3. Just days prior to the date the City’s response to Plaintiff’s motion to compel was 

due, Plaintiff produced 14 Records Division files that he had obtained via a request to the 

Chicago Police Department pursuant to the Freedom of Information Act (“FOIA”). These 

Records Division files are among the same documents Plaintiff moves for production of in his 

Motion to Compel. In fact, as a result of this production, the City requested Plaintiff agree to a 

one-week extension to file its response so that its counsel could review the documents. 

Case: 1:12-cv-04428 Document #: 186 Filed: 04/22/15 Page 1 of 3 PageID #:3761
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4. On April 15, 2015 Plaintiff filed his Reply to his Motion to Compel. (Dkt. 183). 

In that Reply, Plaintiff raises for the first time specific allegations regarding two of the files he 

received from his FOIA request. Plaintiff did not reference these files in his Motion to Compel, 

nor is it apparent from reviewing these files alone how they relate to or support Plaintiff’s 

arguments in his opening brief. 

5. Accordingly, the City did not have an opportunity to respond to the new 

arguments and new material raised by Plaintiff in his Reply. For this reason, Defendant City 

requests leave to file a Sur-Reply. 

6. The City recognizes that the Court’s time is valuable and does not wish to burden 

it with lengthy pleadings. For this reason, the City’s Sur-Reply is brief. 

7. Additionally, Defendant City requests leave to file its Sur-Reply under seal. In 

referencing the new documents he received via his FOIA request, Plaintiff also makes reference 

to the corresponding Investigative Files which the City produced pursuant to the protective order 

entered in this case. Accordingly, Plaintiff requested, and was granted permission, to file his 

reply brief under seal. Because the City’s Sur-Reply references the same documents produced 

pursuant to the protective order, the City respectfully requests leave to file its Sur-Reply under 

seal. 

8. Because the City seeks leave to file its brief under seal, the City has attached a 

copy of its Sur-Reply to the Court’s courtesy copy as “Exhibit A” to this motion and has 

provided a copy to Plaintiff’s counsel. 

WHEREFORE, Defendant City of Chicago respectfully request that this Honorable Court 

grant it leave to file a Sur-Reply brief in response to Plaintiff’s Reply in Support of his Motion to 

Compel and leave to file its brief under seal. 

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Dated: April 22, 2015 Respectfully Submitted, 

DEFENDANT CITY OF CHICAGO, 

 

 By: s/ Eileen E. Rosen 

 One of its Attorneys 

Eileen E. Rosen 

Stacy A. Benjamin 

ROCK FUSCO & CONNELLY, LLC 

321 N. Clark Street, Suite 2200 

Chicago, Illinois 60654 

(312) 494-1000 

Case: 1:12-cv-04428 Document #: 186 Filed: 04/22/15 Page 3 of 3 PageID #:3763