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IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION

DEMETRIUS JOHNSON,

Plaintiff, 

v.

REYNALDO GUEVARA, JOANN 

HALVORSEN as PERSONAL 

REPRESENTATIVE to the ESTATE of 

ERNEST HALVORSEN, DARRYL 

DALEY, WILLIAM ERICKSON, JOHN 

HEALY, and the CITY OF CHICAGO

Defendants.

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Case No. 1:20-cv-04156

Judge Sara L. Ellis

DEFENDANT GUEVARA’S MOTION TO SET A BRIEFING SCHEDULE AND 

FOR AN EXTENSION OF TIME TO RESPOND TO PLAINTIFF’S MOTION FOR 

PARTIAL SUMMARY JUDGMENT

Defendant Reynaldo Guevara, by his attorneys, respectfully requests this Honorable Court 

set a briefing schedule and grant an extension of time to file his Response to Plaintiff’s Motion for 

Partial Summary Judgment. In support, Defendant Guevara states:

1. On February 21, 2023, Plaintiff filed his Motion for Partial Summary Judgment 

(“MSJ”) against Defendant Guevara. (Dkt. 210). 

2. As required by this Court’s standing Order for Summary Judgement Practice, the 

parties previously filed a joint Motion to Resolve Disputed Facts pursuant to Plaintiff’s motion. 

(Dkt at 195). The Court held a hearing on this Motion on January 12, 2023, and at the hearing’s 

conclusion the Court reset the previous briefing schedule for Plaintiff’s anticipated MSJ, 

referencing the upcoming settlement conference in this case. (January 12, 2023, transcript, 

attached as Ex. 1). Plaintiff’s counsel requested to file his partial MSJ on February 11, 2023, three 

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days after the pending settlement conference. Id. Defendant Guevara requested 30 days to file his 

response, and Plaintiff’s counsel requested two weeks to file a reply. Id. 

3. Subsequently, the Court entered a Minute Entry setting a ruling date on 

“defendants’ motions for summary judgment” for January 10, 2024. (Dkt. 203). The discussed 

briefing schedule on Plaintiff’s motion was not included in this Minute Entry.

4. On February 21, 2023, Plaintiff filed his Partial MSJ. (Dkt. 210). Pursuant to the 

time requested at the January 12 hearing, Defendant Guevara’s response would be due on March 

21, 2023; that is, 30 days from when Plaintiff filed his motion. 

5. Unfortunately, at the time of the hearing, Guevara’s counsel Megan McGrath was 

not aware that lead counsel Thomas M. Leinenweber would be out of the office beginning on 

February 24 and not returning until March 7, 2023. Thus, Mr. Leinenweber has not been able to 

confer with co-counsel regarding the Response and will not be able to do so in time to file on 

March 21, 2023.

6. Additionally, Ms. McGrath experienced a series of health issues at the end of 

February which has caused a delay. 

7. Considering the above, Defendant Guevara requests this Court set a briefing 

schedule on Plaintiff’s partial MSJ, which grants Defendant Guevara an extension of fifteen days 

to file his Response, up to and including April 7, 2023. Plaintiff’s reply would be due on April 

21, 2023. 

8. This request is not made for purposes of delay and will not prejudice Plaintiff.

9. Plaintiff’s counsel initially opposed Defendant Guevara’s Motion, “given the 

Court’s long-set May 9, 2023 ruling date.” (Email correspondence attached as Ex. 2). Plaintiff

appears to be referring to the briefing schedule set by this Court on November 1, 2022 (Dkt. 175). 

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However, the briefing schedule in this Minute Entry was extended at least twice prior to the 

January 12, 2023, hearing. (See Dkts. 181 and 184).

10. Plaintiff’s counsel withdrew her initial objection, but this position is “contingent on 

preserving the ruling date” of May 9, 2023. (See Ex. 2).

11. Defendant Guevara therefore requests this Honorable Court enter an Order setting 

out the briefing schedule described above, and in so doing grant him an extension of time to April 

7, 2023, to file a Response to Plaintiff’s Motion for Partial Summary Judgment. 

WHEREFORE, for the reasons stated above, Defendant Guevara requests the Court enter 

a briefing schedule and grant an extension of time to April 7, 2023, to file his Response to 

Plaintiff’s Motion for Partial Summary Judgment.

Respectfully Submitted:

DEFENDANT REYNALDO GUEVARA

/s/ Thomas M. Leinenweber

Thomas M. Leinenweber

Megan K. McGrath

Special Assistant Corporation Counsel

Leinenweber Baroni & Daffada, LLC

120 N. LaSalle Street, Suite 2000

Chicago, Illinois 60602

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