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IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

DEMETRIUS JOHNSON,

 

Plaintiff,

v.

REYNALDO GUEVARA, the ESTATE of 

ERNEST HALVERSON, DARRYL DALEY, 

WILLIAM ERICKSON, JOHN HEALY, and 

the CITY OF CHICAGO

Defendants.

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Case No. 20 cv 4156 

Judge Sara L. Ellis 

Magistrate Judge Heather K. McShain

JURY TRIAL DEMANDED

DEFENDANTS HALVORSEN, DALEY, ERICKSON AND HEALY’S UNOPPOSED

MOTION TO FILE OVERSIZED REPLY MEMORANDUM IN SUPPORT OF 

SUMMARY JUDGMENT 

Defendants Darryl Daley, Geri Lynn Yanow, as special representative for William 

Erickson (deceased), Ernest Halvorsen (deceased), and John Healy (deceased) (“Movants”), by 

their undersigned counsel, respectfully move for leave to file an oversized reply memorandum in 

support of their Motion for Summary Judgment, and state: 

1. On April 12, 2024, Defendants Halvorsen, Daley, Erickson and Healy moved for 

summary judgment on all of Plaintiff’s claims. (Dkt. 311.) Movants sought leave to file their 

respective memorandum of law in support of summary judgment in excess of fifteen (15) pages, 

(Dkt. 312), which the Court granted. (Dkt. 322.) 

2. On June 11, 2024, Plaintiff filed a single, consolidated response in opposition to 

Defendants’ motions for summary judgment totaling 168 pages, and a Statement of Additional 

Disputed Facts which includes 475 paragraphs and 66 sub-paragraphs, amounting to 541 

paragraphs in total. (Dkt. 340.) Approximately 283 of the paragraphs are directed towards the 

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Individual Defendant Officers; the remaining 258 paragraphs (inclusive of sub-paragraphs) are 

directed towards the City. (Dkt. 340.)

3. Plaintiff dedicates approximately 126 pages of his 168-page consolidated 

response towards the Individual Officer Defendants (Dkt. 341) with the remainder directed in 

response to the City’s arguments. See generally, id. 

4. Movants recognize the Court’s time is valuable and have tried to be efficient in 

delineating their arguments and have edited the argument sections of their reply memorandum in 

an attempt to remove unnecessary arguments. Notwithstanding that effort, given the number of 

parties, the claims and theories of liability alleged by Plaintiff, the complexity of the issues 

presented and Plaintiff’s lengthy response brief, Movants’ Memorandum exceeds the fifteenpage limit set by the local rules. 

5. Accordingly, Movants request leave to file their Reply Memorandum of Law in 

Support of Summary Judgment in excess of the fifteen-page limitation, up to and including 90 

pages for these four Movants. Attached hereto as Exhibit A is a copy of Movants’ Reply 

Memorandum of Law in Support of Summary Judgment. 

6. On August 9, 2024, Defense counsel reached out to Plaintiff’s counsel via email 

regarding the substance of this Motion who does not oppose this motion.

WHEREFORE, Defendants Halvorsen, Daley, Erickson and Healy respectfully request

this Court enter an order granting them leave to file an oversized Reply Memorandum of Law in 

Support of their Motion for Summary Judgment. 

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Dated: August 9, 2024 Respectfully Submitted,

/s/ Josh M. Engquist 

Josh M. Engquist, Atty. No. 6242849

Special Assistant Corporation Counsel 

One of the Attorneys for Defendants Daley, 

Halvorsen, Erickson, and Healy 

James G. Sotos

Josh M. Engquist 

David A. Brueggen

Elizabeth R. Fleming

Daniel J. McGinnis 

Special Assistant Corporation Counsel 

THE SOTOS LAW FIRM, P.C.

141 W. Jackson, Suite 1240A 

Chicago, Illinois 60604 

(630) 735-3300 

jengquist@jsotoslaw.com

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CERTIFICATE OF SERVICE

 I, Josh M. Engquist, certify under penalty of perjury pursuant to 28 U.S.C.A. § 1746 that 

the foregoing is true and correct, that on Friday, August 9, 2024, I electronically filed the 

foregoing Defendants Halvorsen, Daley, Erickson and Healy’s Unopposed Motion to File 

Oversized Reply Memorandum in Support of Summary Judgment with the Clerk of the 

Court using the CM/ECF system, which will send notification of such filing to the attorneys of 

record on the below Service List:

Attorneys for Plaintiff: 

Jon Loevy 

Anand Swaminathan

Joshua Tepfer

Rachel Brady

Steven Art

Sean Starr

Alyssa Martinez

Margaret Gould 

Ruth Brown

LOEVY & LOEVY

311 N. Aberdeen, 3rd Floor

Chicago, Illinois 60607 

312-243-5900 

jon@loevy.com

anand@loevy.com

josh@loevy.com

brady@loevy.com

steve@loevy.com

sean@loevy.com

alyssa@loevy.com

gould@loevy.com

ruth@loevy.com 

Attorneys for City of Chicago: 

Eileen E. Rosen

Austin G. Rahe 

Catherine M. Barber

Theresa B. Carney

Lauren Ferrise

Rock Fusco & Connelly, LLC 

333 W. Wacker Drive, 19th Fl.

Chicago, Illinois 60606 

312-494-1000 

erosen@rfclaw.com

arahe@rfclaw.com

cbarber@rfclaw.com

tcarney@rfclaw.com

lferrise@rfclaw.com

Attorneys for Defendant Guevara: 

Steven Blair Borkan 

Timothy P Scahill 

Whitney Hutchinson 

Emily E. Schnidt 

Christine E. Murray

Amanda Guetler 

Krystal Gonzalez

Borkan & Scahill, Ltd. 

20 South Clark Street 

Suite 1700 

Chicago, IL 60603

(312) 580-1030 

sborkan@borkanscahill.com

tscahill@borkanscahill.com

whutchinson@borkanscahill.com

eschnidt@borkanscahill.com

cmurray@borkanscahill.com

aguertler@borkanscahill.com

kgonzalez@borkanscahill.com

/s/ Josh M. Engquist 

Josh M. Engquist 

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