IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

LIZA GRAY,

 Plaintiff,

v.

MANORCARE HEALTH SERVICES, LLC, 

doing business as HCR MANORCARE 

HEALTH SERVICES, LLC,

 Defendant.

Case No. 1:20-cv-02466

Honorable Judge Sara L. Ellis

DEFENDANT’S MOTION TO EXTEND SUMMARY JUDGMENT DEADLINE

Defendant, Manorcare Health Services, LLC, by and through its undersigned counsel,

hereby move to extend the deadline for filing dispositive motions, and state as follows in support 

of its Motion to Extend Summary Judgment Deadline:

1. The parties have completed discovery in this matter. 

2. Prior to the close of discovery, the parties participated in a settlement conference 

with the Court but did not reach a settlement agreement. After completing discovery, the parties 

renewed efforts to explore whether a resolution could be reached prior to expending time and 

money briefing motions for summary judgment. 

3. On January 24, 2022, Defendant countered Plaintiff’s most recent settlement 

demand, increasing Defendant’s prior settlement offer. On February 2, 2022, Plaintiff had not 

responded, and at Defendant’s request, the parties agreed to file a joint motion to extend the due 

date for dispositive motions from February 15, 2022 to March 18, 2022, to facilitate settlement 

discussions, with an indication that they did not expect to seek another extension. The parties filed 

such a motion, which is pending. [Dkt. 43, 44].

Case: 1:20-cv-02466 Document #: 45 Filed: 03/17/22 Page 1 of 5 PageID #:123
2

4. Defendant maintains that in this situation, as of February 2, 2022, it reasonably 

expected that Plaintiff would respond by reducing her settlement demand, and that the purpose of 

the extension was to allow Defendant to hold off on dispositive motion briefing until it could be 

determined whether settlement could be achieved without the need for dispositive motion briefing.

5. On February 23, 2022, Plaintiff responded by indicating that she would not reduce 

her settlement demand. Counsel for Defendant promptly scheduled a telephone conference to 

discuss Plaintiff’s decision not to reduce her demand and discuss whether further progress on the 

settlement front could be achieved. The Parties telephone conference was scheduled for February 

28, 2022.

6. In addition, upon receiving Plaintiff’s settlement position on February 23, and at all 

times thereafter, Defendant promptly moved forward with all steps needed to file its planned 

motion for summary judgment. Specifically, on February 25, 2022, just two days after Plaintiff 

indicated that she was not reducing her settlement demand, Defendant served its Statement of 

Undisputed Material Facts (“Statement of Facts”), per this Court’s Summary Judgment Practice

procedures. Defendant listed factual paragraphs 1-36. Defendants later added paragraphs 37-42. 

Defendant requested Plaintiff’s response within one week, but indicated the Parties could discuss 

timing during their upcoming telephone conference.

7. On February 28, 2022, the Parties participated in a telephone conference to further 

discuss the prospect of settlement. Counsel for Plaintiff indicated his client’s position had not 

changed and counsel for Defendant explained that Plaintiff’s unwillingness to provide an updated 

demand would necessarily derail any further settlement negotiations. Counsel for Plaintiff 

indicated he would revisit the issue with his client and further committed to providing Plaintiff’s 

response to Defendant’s Statement of Facts as soon as possible.

Case: 1:20-cv-02466 Document #: 45 Filed: 03/17/22 Page 2 of 5 PageID #:124
3

8. On March 9, 2022, Plaintiff served her response to Defendant’s Statement of Facts. 

In it, Plaintiff objected to a significant number of Defendant’s factual assertions and added factual 

assertions of her own.

9. On the very next day, March 10, 2022, Defendant requested to meet and confer, 

and the parties did so at Plaintiff’s counsel’s earliest opportunity during the afternoon of Monday, 

March 14, 2022. Based on that meeting, Plaintiff provided an updated response to Defendant’s 

Statement of Facts on Tuesday, March 15, 2022.

10. On Wednesday March 16, 2022, Defendant provided a revised and consolidated 

update to its Statement of Facts based upon Plaintiff’s initial March 9 response, counsel’s March 

14 telephone conference, and Plaintiff’s March 15 updated response. 

11. The parties have made significant progress towards agreement on the statement of 

undisputed facts, and it appears that the parties likely will reach agreement on a joint statement of 

undisputed facts in the near future, though given that the parties have not yet done so and it is 

possible that Defendant will need to file a joint motion, per this Court’s procedures.

12. Based on this history, Defendant will not be able to file is Motion for Summary 

Judgment by the current due date of March 18, 2022.

13. However, Defendant has proceeded with diligence. Defendant reasonably used the 

agreed-upon extension between the parties to explore settlement, as that was the stated purpose of 

the jointly requested extension. Once it became clear that the settlement is unlikely,1 Defendant 

moved forward as briskly as it possibly could have in proceeding with the Court’s Summary 

Judgment Practice procedure. 

1 On a later date, Plaintiff reduced her settlement demand and settlement discussions have in fact resumed. However, 

Defendant will continue to move forward with dispositive motion briefing.

Case: 1:20-cv-02466 Document #: 45 Filed: 03/17/22 Page 3 of 5 PageID #:125
4

14. Defendant therefore respectfully requests that the Court grant Defendant leave to 

file its Motion for Summary Judgment on or before April 15, 2022, if the parties reach agreement 

on a joint statement of undisputed facts by March 25, 2022; and alternatively, if the parties do not 

reach such agreement by March 25, 2022, Defendant asks that the Court grand Defendant leave 

file a joint motion by April 2, 2022, after which the Court would enter an Order indicating the 

remaining briefing schedule.

15. Plaintiff’s counsel has indicated that the Plaintiff does not agree to this Motion. 

WHEREFORE Defendant, Manorcare Health Services, LLC, asks that this Court grant 

this Motion, and grant Defendant leave to file its Motion for Summary Judgment on or before 

April 15, 2022, if the parties reach agreement on a joint statement of undisputed facts by March 

25, 2022; and alternatively, if the parties do not reach such agreement by March 25, 2022, the 

Defendant shall file the parties’ joint motion by April 2, 2022 after which the Court will enter an 

Order indicating the remaining briefing schedule. 

Dated: March 17, 2022 Respectfully Submitted,

By: /s/ David K. Haase

David K. Haase

Littler Mendelson, P.C.

321 North Clark Street, Suite 1100

Chicago, IL 60654

(312) 372-5520

dhaase@littler.com

Peter T. Tschanz

Littler Mendelson, P.C.

111 Monument Circle, Suite 702

Indianapolis, IN 46204

(317) 713-3590

ptschanz@littler.com

Attorneys for Defendant

HCR Manorcare Health Services, LLC

Case: 1:20-cv-02466 Document #: 45 Filed: 03/17/22 Page 4 of 5 PageID #:126
5

CERTIFICATE OF SERVICE

I, the undersigned, being first duly sworn upon oath, depose, and say that I caused to be 

served the foregoing Defendant’s Motion to Extend Summary Judgment Deadline by 

electronically filing the same with the Clerk for the U.S. District Court for the Northern District 

of Illinois, Eastern Division, a copy of which was then forwarded to each attorney of record by 

CM/ECF on March 17, 2022.

Ethan E. White

EMERY LAW, LTD.

2021 Midwest Road, Suite 200

Oak Brook, IL 60523

ewhite@emerylawltd.com

/s/ David K. Haase

 David K. Haase

4882-0339-3814.1 / 052829-1569

Case: 1:20-cv-02466 Document #: 45 Filed: 03/17/22 Page 5 of 5 PageID #:127