IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION

JOSE LOPEZ, by his wife and next best ) Case No. 12 cv 5751 

friend, Sandra Cardiel, )

)

Plaintiff, ) Hon. John Robert Blakey,

v. ) Judge Presiding.

)

STEVAN VIDLJINOVIC, Star No. 4051, )

et al., )

)

Defendants. ) JURY DEMANDED

PLAINTIFF's REPORT ON STATUS 

AND PLAINTIFF's MOTION FOR DIRECTION 

AND/OR GUIDANCE FROM THE COURT 

 

 Now comes plaintiff, José Lopez, by and through his attorney, John P.

DeRose of John P. DeRose & Associates, and tenders this report on the status of 

drafting the documents to memorialize the binding agreement reached in this cause 

and/or motion for direction and guidance from the Court with reference how to 

proceed in the circumstances:

1. Pursuant to the Order1 of this Honorable Court entered on February 

24, 2017:

Parties have reached a binding agreement on the record. 

Case dismissed without prejudice. Dismissal will convert 

to a dismissal with prejudice upon notice that the parties 

have executed final settlement documents and funding.

 

1 Document #: 197

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2. Since the entry of that Order, certain disagreements have arisen 

among plaintiff's counsel themselves and between plaintiff's counsel and their 

clients delaying progress in drafting and executing the final settlement documents 

and funding in this cause.

3. Plaintiff's counsel John P. DeRose has always made it clear, both in 

writing and verbally, to the mothers of the children of José Lopez and to his adult 

children that he will not take sides in any conflict of interest between or among 

them.

4. Because of the apparent conflict of interests among the mothers and 

the children of José Lopez, John P. DeRose has advised them to consult with 

different counsel to resolve the differences between them.

5. On information and belief, the mothers and the children of José Lopez

were referred by Attorney Franco N. Carone to another attorney whose contact 

information he refused to provide to John P. DeRose.

6. John P. DeRose, counsel for José Lopez did finally determine and made 

telephonic contact with the attorney who met with the mothers and the children of

José Lopez, whose identity is:

Attorney Alan T. Kaminsky

220 East North Ave.

Northlake, IL 60164-2525

(708) 531-0101 #5 phone

(708) 531-0591 fax

atklaw@prodigy.net

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7. Since the date of that initial telephonic contact and an email

immediately following thereafter, counsel for José Lopez has had no further contact 

with Mr. Kaminsky.

8. At the Final Pretrial Conference in this cause, the Court made it very 

clear that the above-captioned litigation only concerned itself with the losses 

suffered by plaintiff, José Lopez:

MR. DeROSE: Judge, I am going to put on children 

who are going to say the impact he has had on –

THE COURT: No, you're not. No, you're not.

What is that relevant to? You do not have a claim for 

their damages.

MR. DeROSE: Judge, he has a claim to the extent he 

is not able to support his children anymore. They have 

changed his life. He was a good father. His children, they 

were cared for by him. They were loved by him. They –

THE COURT: Those all might be true, Counsel, but 

you do not have a pending claim for their damages. So 

what is the relevance of that?

MR. DeROSE: The relevance is his claim, Judge.

THE COURT: How is that relevant to his claim? The

loss that they suffered, how is that relevant to the estate's

claim?

MR. DeROSE: Not their -- not their loss, Judge, his

loss. His loss of his ability to be the caring and nurturing

father of children. We all took that responsibility very

seriously.

THE COURT: You're not going to backdoor damages

suffered by the family. That will not happen under 403.

That will not happen. It has to be relevant to the damages 

that are pending. I don't know why you don't have a claim 

for their damages, but that's water under the bridge.

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(Final Pretrial Conference Report of Proceedings, January 30, 2017, pp. 64:25 to 

65:24).

9. Counsel for the parties already missed the deadline last month in 

order to get the settlement in the above-captioned case approved by the Chicago 

City Council.

10. Neither Sandra Cardiel, nor her children, nor Guadalupe Guzman for 

her minor children, nor Attorney Alan T. Kaminsky, nor Attorney Franco N. Carone

have tendered any information to John P. DeRose, counsel for José Lopez about 

what actions are being taken by them although often requested to do so.

11. Counsel for the City of Chicago have indicated that they will not draft 

the documents memorializing the settlement in this cause and funding will not be 

accomplished until and unless an estate is open for José Lopez in the Probate Court 

of Cook County.

12. Counsel for the City of Chicago has further cautioned Attorney John P.

DeRose that were he to open an estate for José Lopez in the Circuit Court of Cook 

County that might just delay the matter even longer if it turned out that there were 

two different estates opened.

13. The matter appears to be at a standstill at this point.

14. Counsel for José Lopez is planning to take his long delayed vacation to 

Florida commencing on March 31, 2017, and seeks this Honorable Court's guidance 

and aide in moving the matter forward toward resolution.

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WHEREFORE, John P. DeRose, counsel for plaintiff José Lopez requests this 

Honorable Court to enter an Order requiring Sandra Cardiel, and her children, 

Guadalupe Guzman, Attorney Alan T. Kaminsky, and Attorney Franco N. Carone to 

advise the court and counsel for the parties in the cause concerning what, if any 

actions they are taking in this matter so that documents settling this cause can be 

drafted and forwarded to the Chicago City Council for approval and funding.

Respectfully submitted,

/s/John P. DeRose

John P. DeRose

John P. DeRose & Associates

15 Spinning Wheel Road

Suite 428

Hinsdale, IL 60521

(630) 920-1111 phone

(630) 920-1170 fax

john@johnderoselaw.com

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