UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION 

LISA CALVENTE, 

Plaintiff, 

v. 

SALMA GHANEM and DEPAUL 

UNIVERSITY, 

Defendants. 

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Case No.: 1:20-cv-03366 

Judge John Robert Blakey 

Magistrate Judge Heather K. McShain 

JOINT INITIAL STATUS REPORT 

1. Type of Initial Status Report (e.g., Joint or Individual):

 The Parties file this Joint Status Report. 

2. Service of Process: 

 Defendants have waived service, making their responsive pleading due August 10, 2020. 

3. Nature of the Case: 

a. Identify (names and contact information) for all attorneys of record for each party, 

including the lead trial attorney. 

Plaintiff is represented by: 

Fitzgerald T. Bramwell (lead trial attorney and member of the Trial Bar 

for the United States District Court for the Northern District of Illinois) 

Law Offices of Fitzgerald Bramwell 

225 West Washington Street, Ste. 2200 

Chicago, IL 60606 

Telephone: 312.924.2884 

bramwell@fitzgeraldbramwell.com 

Defendants are represented by: 

Anneliese Wermuth (lead trial attorney and member of the Trial Bar for 

the United States District Court for the Northern District of Illinois) 

Nandini K. Sane 

Cozen O’Connor 

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123 N. Wacker Drive, Ste. 1800 

Chicago, IL 60606 

Telephone: 312/474-7876 

Email: awermuth@cozen.com

Email: nsane@cozen.com

b. State the basis for federal jurisdiction: 

This Court has federal question jurisdiction over the statutory violations alleged 

are based on 28 U.S.C. §1331 for Counts I–IV, and 28 U.S.C. §1367 for Count V. 

c. Describe the nature of the claims asserted in the complaint and any counterclaims 

and/or affirmative defenses: 

Lisa Calvente (“Dr. Calvente”) brings this employment discrimination and 

retaliation action under Title VII and 42 U.S.C. §1981, asserting that she was 

denied tenure and terminated from her employment as faculty within the College 

of Communication at DePaul University (i) based on her status as an American of 

African, Latinx and Asian descent, and (ii) in retaliation for complaints about 

racial discrimination and racial harassment within the College of Communication. 

She also contends that the denial of tenure resulted in a breach of alleged 

contractual rights under the Faculty Handbook. Her breach of contract and Title 

VII claims are asserted against DePaul University. Her Section 1981 claims are 

asserted against DePaul University and Dr. Ghanem, Interim Provost at DePaul 

University (collectively “Defendants”). Defendants deny that they violated any 

law or committed any wrongdoing toward Dr. Calvente with regard to her 

employment or the end of her employment. 

d. State the major legal and factual issues anticipated in this case: 

 Whether all of Dr. Calvente’s claims are timely; 

 Whether Dr. Calvente exhausted all of her administrative remedies for the 

claims that require exhaustion; 

 Whether Dr. Calvente has stated a claim for relief under Section 1981; 

 Whether Plaintiff’s Title VII and Section 1981 claims are barred by the 

ministerial exemption; 

 Whether Dr. Calvente’s race was the “but for” cause, or a motivating factor, 

for any adverse action taken against her by the University or Dr. Ghanem; 

 Whether Dr. Calvente’s complaint(s) of discrimination were the “but for” 

cause for any adverse action taken against her by the University or Dr. 

Ghanem; 

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 Whether Dr. Calvente met Defendants’ legitimate expectations for the award 

of tenure; 

 Whether Defendants had legitimate, non–discriminatory and non–pretextual 

reasons for denying Dr. Calvente tenure and ending her employment; 

 Whether a recommendation for termination, which is rejected, is an actionable 

adverse action under Title VII or Section 1981; 

 Whether Defendants acted willfully and maliciously with respect to Dr. 

Calvente; 

 Whether DePaul breached any contract with Dr. Calvente; 

 The amount of damages Dr. Calvente claims to have suffered; and 

 Whether and the extent to which Dr. Calvente has mitigated any damages 

suffered as a result of the events alleged in the Complaint. 

e. Describe the type and calculation of damages and any other relief sought by 

Plaintiff: 

Lost wages: $2,730,575 (including $18,000 in lost wages from the failure to 

promote Plaintiff during academic year 2019/2020 and $2,730,575 in lost wages 

based on an anticipated 25 year career at DePaul at a salary of $85,000 per year 

with 2% cost–of–living increases during that time), or any greater amount as 

awarded by the jury 

Compensatory damages for emotional distress: $500,000. 

Punitive damages: In an amount equivalent to seven times actual damages, or any 

greater amount awarded by the jury. 

Attorney’s fees: Based on the Lodestar calculation at $500/hr. or any greater 

amount as determined by the then–prevailing rate in this district. 

Costs: Based on the actual costs incurred by Dr. Calvente. 

Reinstatement to the faculty of the College of Communication and the award of 

tenure. 

Prejudgment interest using the risk–free rate or any greater rate authorized by law. 

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Front pay: In the event reinstatement is impractical, front pay in the amount equal 

to Dr. Calvente’s expected wages over the lifetime of her expected employment at 

DePaul. 

4. Pending Motions and Case Plan: 

a. No motions are pending. 

b. Case Management Plan Proposal: 

1. General Type of Discovery Needed: The parties anticipate serving written 

discovery requests and taking oral depositions of experts, witnesses, and 

persons with knowledge of relevant facts. Discovery will also include 

some electronically stored information and the parties will work 

cooperatively to appropriately identify and work through any disputed 

issues. 

2. The parties will file Rule 26(a)(1) disclosures on or before August 31, 

2020. 

3. The parties will issue all written discovery on or before March 3, 2021. 

4. The parties anticipate requesting the Court enter its model confidentiality 

order, with red-lined amendments to conform to the issues in this case. 

5. The parties may need HIPAA waivers. 

6. The parties propose fact discovery deadline of April 2, 2021. 

7. Whether there will be expert discovery, and, if so, an expert discovery 

completion date. 

i. The parties are currently evaluating the need for expert discovery, 

and Dr. Calvente anticipates engaging an expert to opine on the 

similarities between her file and the files of the faculty in her 

college who did not complain about discrimination and who 

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received tenure. The parties will disclose any opening experts and 

provide opening expert reports by March 3, 2021. Any rebuttal 

experts and reports will be disclosed by April 16, 2021. All expert 

depositions will be completed by June 4, 2021. Given the 

description of the expert opinion Dr. Calvente intends to disclose, 

Defendants expect Daubert briefing. 

8. The parties propose a dispositive motion deadline of July 18, 2021. 

9. The parties propose that trial be set 60 days after ruling on dispositive 

motions. 

c. A jury trial has been requested. The parties anticipate a 7-10-day trial. 

5. Magistrate Judge 

The parties have not unanimously consented to proceed before a Magistrate Judge. 

6. Settlement

a. The parties engaged in mediation with the EEOC and were unable to reach 

agreement. The parties believe that additional fact discovery may be necessary before 

settlement discussions will be fruitful. 

b. The parties do not request a settlement conference at this time. 

By: /s/ Fitzgerald T. Bramwell By: /s/ Anneliese Wermuth 

 Attorney for Plaintiff Attorney for Defendants 

Fitzgerald T. Bramwell 

Law Offices of Fitzgerald Bramwell 

225 West Washington Street, Suite 2200 

Chicago, IL 60606 

312.924.2884 

bramwell@fitzgeraldbramwell.com 

Anneliese Wermuth (#6270970) 

Nandini K. Sane 

Cozen O’Connor 

123 N. Wacker Drive, Ste. 1800 

Chicago, IL 60606 

Telephone: 312/474-7876 

Email: awermuth@cozen.com 

Email: nsane@cozen.com 

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CERTIFICATE OF SERVICE 

The undersigned attorney hereby certifies that on July 31, 2020, she electronically filed 

the foregoing Joint Initial Status Report with the Clerk of the United States District Court for 

the Northern District of Illinois using the ECF system, which will send notification of such filing 

to the following counsel of record: 

Fitzgerald T. Bramwell 

Law Offices of Fitzgerald Bramwell 

225 West Washington Street, Ste. 2200 

Chicago, IL 60606 

bramwell@fitzgeraldbramwell.com 

s/ Anneliese Wermuth 

Anneliese Wermuth 

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