IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

JOSE LOPEZ, by his wife and next best friend, Sandra 

Cardiel, 

 Plaintiff,

 v.

STEVAN VIDLJINOVIC, Star No. 4051, JOHN D. 

GUETTLER, Star No. 5174, JOSE VALDOVINOS, Star 

No. 11820, ANTONIO J. VALENZUELA, Star No. 

14123, MANUEL GONZALEZ, Jr. Star No. 11733, 

ARMANDO ALAMILLO, Star No. 106912, JOSEPH DE 

MONICA, Empl. No. 27496, DANIEL LOPEZ, Star No. 

3477, SUPERVISING SERGEANT MARK E. KEARNS, 

Star No. 1811, and WATCH COMMANDER ROBERT 

H. DUBIEL, Star No. 194, individually and in their 

official capacities as police officers for the City of 

Chicago, PARAMEDIC SANDRA CHEATHAM, 

PARAMEDIC JULIO MENDOZA, individually and in 

their official capacities as paramedics for the City of 

Chicago, and the CITY OF CHICAGO, ILLINOIS, a 

municipal corporation and a body politic,

 Defendants. 

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) Case No. 12 CV 5751 

)

) Hon. John Robert Blakey,

) Judge Presiding.

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DEFENDANTS’ AGREED MOTION FOR ENTRY OF A

FINAL AGREED ORDER OF DISMISSAL

Defendants City of Chicago, Stevan Vidljinovic, John D. Guettler, Jose Valdovinos, 

Antonio J. Valenzuela, Manuel Gonzalez, Jr., Armando Alamillo, Joseph DeMonica, Daniel 

Lopez, Mark E. Kearns, Robert H. Dubiel, Sandra Cheatham, and Julio Mendoza, by their 

attorneys, move this Court for entry of a final agreed order of dismissal of all of Plaintiff=s claims 

against Defendants with prejudice, and with each side bearing its own costs and attorneys= fees in 

accordance with the terms of the Release and Settlement Agreement herein. In support thereof, 

Defendants state as follows:

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1. On February 24, 2017, the Court held a settlement conference at which the parties to 

this action reached a binding settlement agreement on the record. The case was dismissed 

without prejudice, with the dismissal to convert to a dismissal with prejudice upon notice that the 

parties have executed final settlement documents and funding. (Doc. #197). 

 2. The settlement reached by the parties was subject to approval by the Chicago City 

Council.

3. On August 24, 2017, the parties executed a Release and Settlement Agreement. 

4. On September 6, 2017, the Chicago City Council approved the settlement, and 

passed an order authorizing the Corporation Counsel of the City of Chicago to execute the 

settlement of this matter.

5. On December 29, 2017, plaintiff filed a motion to voluntarily dismiss his appeal to 

the United States Court of Appeals for the Seventh Circuit regarding the issue of attorneys’ fees 

(USCA 7th Circuit Case No. 17-2211). On January 4, 2018, the Seventh Circuit entered an order 

dismissing the case pursuant to Federal Rule of Appellate Procedure 42(b) and issued a notice of 

mandate. (Doc. #226, #227).

6. On January 31, 2018, the Probate Division of the Circuit Court of Cook County, 

Illinois entered an order approving the settlement and distribution of the settlement proceeds in 

the matter of the Estate of Jose Lopez, a disabled person, Case No. 2017 P 2952. 

7. On February 1, 2018, the parties executed an Addendum to the Release and 

Settlement Agreement setting forth the payment and distribution of the settlement proceeds in 

accordance with the Probate Court’s January 1, 2018 order.

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8. On February 7, 2018, the Probate Court entered an amended order nunc pro tunc as 

of January 31, 2018 in the matter of the Estate of Jose Lopez, a disabled person, Case No. 2017 P 

2952, to correct a clerical error in one of the payment amounts set forth in the original order. 

Exhibit A.

9. In light of the approval of the settlement by the Chicago City Council, the approval 

of the settlement and distribution of the proceeds by the Probate Court, and in accordance with 

the terms of the Release and Settlement Agreement, Defendants seek entry of a final agreed order 

dismissing all of Plaintiff=s claims against Defendants City of Chicago, Stevan Vidljinovic, John 

D. Guettler, Jose Valdovinos, Antonio J. Valenzuela, Manuel Gonzalez, Jr., Armando Alamillo, 

Joseph DeMonica, Daniel Lopez, Mark E. Kearns, Robert H. Dubiel, Sandra Cheatham, and 

Julio Mendoza with prejudice, and with each side bearing its own costs and attorneys’ fees.

10. Plaintiff has no objection to this motion and the proposed Final Agreed Order of

Dismissal. The parties have executed a Stipulation to Dismiss simultaneously filed with this 

motion. 

11. Defendants have submitted a proposed Final Agreed Order of Dismissal for the 

Court’s consideration at Proposed_Order_Blakey@ilnd.uscourts.gov pursuant to the Court’s case 

procedures.

WHEREFORE, Defendants City of Chicago, Stevan Vidljinovic, John D. Guettler, Jose 

Valdovinos, Antonio J. Valenzuela, Manuel Gonzalez, Jr., Armando Alamillo, Joseph 

DeMonica, Daniel Lopez, Mark E. Kearns, Robert H. Dubiel, Sandra Cheatham, and Julio 

Mendoza, respectfully request this Court to enter a final agreed order of dismissal, and to dismiss 

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all of Plaintiff=s claims against Defendants with prejudice, and with each side bearing its own 

costs and attorneys= fees, in accordance with the Release and Settlement Agreement herein.

Respectfully submitted,

Dated: February 12, 2018 BY: /s/ Joseph M. Polick 

JOSEPH M. POLICK, Attorney No. 6203682

One of the Attorneys for Defendants

James G. Sotos

Joseph M. Polick

Laura M. Ranum

THE SOTOS LAW FIRM, P.C.

550 East Devon Avenue, Suite 150

Itasca, Illinois 60143

Tel: (630) 735-3300

jpolick@jsotoslaw.com

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