Muted Fon (85%)

United States District Court, Northern District of Illinois

Name af Assigned Judge i Sitting Judge if Othe:
oF Magistrate Judge Milton 1, Shadur i Assigned Judge
CASE NUMBER 01 C 1478 DATE 9/19/2002
CASE Jose Rodriguez vs. The Texan, Inc.
TITLE

[ln the following box (a) indicate the party filing the motion, ¢.g,, plaintiff, defendant, 3rd party plaintifY, and (b) state bricfly the mature
of the motion being presented.]

MOTION:

DOCKET ENTRY:

(1) Oo Filed motion of ( use listing in “Motion” box above.]

(2) Oo Brief in support of motion due

(3) oO Answer briefto motion due____.. Reply to answer brief due____

(4) Oo Ruling/Hearing on Set for at.

(5) oO Status hearing[held/continued to] [set for/re-set for]on__——s set for at_

(6) oO Pretrial conference[hcld/continued to] [set for/re-set for]on set for at.

(7) Oo Trial[set for/re-set for}on at

(8) D [Bench/Jury trial] [Hearing] held/continued to al

(9) QO This case is dismissed [with/without] prejudice and without costs[by/agreement/pursuant to}
QFRcCP4(m) Local Rule 41.1 OFRCP41(a)(1) O FRCP41(a)(2).

qo) ff [Other docket entry] Enter Supplement to Memorandum Opinion and Order. This supplement

simply draws the parties’ attention to an opinion from our Court of Appeals (SNA Nui Co. v. Haagen-
Dazs Co., Inc., Nos. 00-4052 and 00-4100, 2002 WL 31007701, at *5 (7" Cir. Sept 9))..

(1) ff [For further detail see order attached Lo the original minute order.]

No notices required, advised in open court.

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P20 2000

date dacketed

| Notices mailed by judge's statt. SE

Notified counsel by telephone,

Docketing to mail notices.

Muil AO 450 form. i NL soeuarng anette

Copy to judge/mogistrate judge.
ay1912002.

Ante nied note
sourtroom, date nied no

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Date/time received in
central Clerk's Office vil: Beputy ial



IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION DOCKETED

JOSE RODRIGUEZ, etc., et al., ) SEP 20 fa
Plaintiffs,
v. No. QO1 € 1478
THE TEXAN, INC.,
Defendant .

SUPPLEMENT TO MEMORANDUM OPINION AND ORDER

This Court's September 13, 2002 memorandum opinion and order
(“Opinion”) addressed the motions in limine that had been filed
by plaintiffs' counsel following the entry of the jointly
submitted Final Pretrial Order (“FPTO”) in this case. This
supplement simply draws the parties' attention to an opinion from

our Court of Appeals (SNA Nut Co. v. Haagen-Dazs Co,, Inc., Nos.

00-4052 and 00-4100, 2002 WL 31007701, at *5 (7% Cir. Sept. 9))
that, although handed down earlier in the week in which the
Opinion was issued, had not been delivered to this Court's
chambers before that ruling.

As to plaintiffs' third motion (Dkt. 38-1), which had
addressed the permissibility of defendant's advancing any
potential argument stemming from plaintiffs' status as illegal
aliens, the Opinion pointed in part to the absence of any
reference by defendant to such an argument or defense in the

FPTO. That ruling has been totally validated by SNA Nut, which

states in relevant part:



FN

Date:

We have previously noted that a pretrial conference and
a pretrial order are vital parts of the procedural
scheme created by the Federal Rules of Civil Procedure.
See Gorlikowski v. Tolbert, 52 F.3d 1439, 1443 (7th
Cir.1995). Further, "[b]ecause the parties rely on the
pretrial conference to inform them precisely what is in
controversy, the pretrial order is treated aa
superceding the pleadings and establishes the issues to
be considered at trial.” Id. at 1443-44. Moreover,
the whole purpose of pretrial conferences and orders
"is to clarify the real nature of the dispute at

issue[;] a claim or theory not raised in the pretrial
order should not be considered by the fact-finder.”
Id. at 1444 (quotations omitted). While this result

may seem harsh, pretrial orders help to prevent
protracted litigation due to changing theories and
arguments such as those that we are encountering in

Celle V¢dewe

Milton I. Shadur
Senior United States District Judge

September 19, 2002