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IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

Selene Danielle Arriaga, 

 Plaintiff,

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v. )

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Case No: 20-cv-4498

Thomas J. Dart, Sheriff of Cook County, Illinois; 

The Northeast Regional Commuter Railroad 

Corporation d/b/a Metra; Cook County, Illinois; 

Marie Rangel, Joseph Perez; Paul Riggio; David 

Cammack; Theodore Stajura; and Timothy 

O’Donnell,

 Defendants.

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The Honorable Judge Virginia Kendall

Presiding

Magistrate Judge Maria Valdez

DEFENDANTS’ JOINT MOTION TO STAY DISCOVERY

Defendants, Thomas J. Dart, Sheriff of Cook County, Cook County, Maria Rangel, David 

Cammack, Theodore Stajura, and Timothy O’Donnell (together “Cook County Defendants”), by 

their attorney, Kimberly M. Foxx, State's Attorney of Cook County, through her Assistant, Nazia 

Hasan, and The Northeast Regional Commuter Railroad Corporation d/b/a Metra, Joseph Perez 

and Paul Riggio (“together “Metra Defendants”), by their attorney, Stephen G. Goins, move this 

Honorable Court pursuant to Rule 26(c)(1) to stay discovery pending rulings on the motions to 

dismiss. In support of the motion, Defendants state as follows:

1. On November 2, 2020, Cook County Defendants filed their Rule 12(b)(6) motion 

to dismiss Plaintiff’s Complaint. [Dkt. #30]. The court entered a briefing schedule on the motion 

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to dismiss which requires that Plaintiff respond to the motion to dismiss by November 17, 2020 

and the Cook County Defendants reply by November 24, 2020. [Dkt. #32]. 

2. The Metra Defendants’ motion to dismiss is fully briefed. [Dkt. #16, 21, 29]. 

3. The motions are set for status hearing on January 12, 2021 [Dkt. #32].

4. A district court has broad discretion over pretrial discovery rulings. Thermal 

Design, Inc. v. Am. Soc'y of Heating, Refrigerating & Air-Conditioning Engineers, Inc., 755 F.3d 

832, 837 (7th Cir. 2014). 

5. A court may, “for good cause,” limit the scope of discovery to “protect a party or 

person from annoyance, embarrassment, oppression, or undue burden or expense.” Fed.R.Civ.P. 

26(c)(1). “Before restricting discovery, the court should consider the totality of the circumstances, 

weighing the value of the material sought against the burden of providing it and taking into account 

society’s interest in furthering the truthseeking function in the particular case before the court.” 

Patterson v. Avery Dennison Corp., 281 F.3d 676, 681 (7th Cir. 2002).

6. The Defendants’ seek that the court stay discovery pending a ruling on their motion 

to dismiss all claims alleged. Based on the nature of the claims asserted, the Defendants reasonably 

believe that the claims against them may be dismissed under Rule 12(b)(6). 

7. Furthermore, Plaintiff sued six individual defendants and the imposition of 

discovery before the parties are at issue would create an undue burden and expense on the

Defendants. 

8. The Defendants have not yet answered or filed affirmative defenses to the

Plaintiff’s complaint. 

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9. This case is set for an initial status hearing on November 9, 2020, at which time the 

court is expected to set a scheduling order under Rule 16(b) and based on the court’s standing 

order. 

10. Staying discovery until the court has ruled on the pending motions to dismiss would 

significantly expedite this litigation and limit the nature of the discovery sought.

11. This request is made in good faith, for good cause, and is in no way intended to 

prejudice Plaintiff or delay these proceedings.

12. Counsel has inquired with Plaintiff’s counsel on their position as to this request. 

Plaintiff’s counsel opposes the motion. 

WHEREFORE, Defendants Thomas J. Dart, Sheriff of Cook County, Cook County, Maria 

Rangel, David Cammack, Theodore Stajura, and Timothy O’Donnell, and Defendants The 

Northeast Regional Commuter Railroad Corporation d/b/a Metra, Joseph Perez and Paul Riggio,

respectfully request that this Honorable Court stay discovery pending a ruling on the motions to 

dismiss. 

Date: November 5, 2020 Respectfully submitted,

KIMBERLY M. FOXX

State's Attorney of Cook County

Northeast Illinois Regional Commuter 

Railroad Corporation, d/b/a Metra, and 

Joseph Perez

By: /s/ Nazia Hasan By: /s/ Stephen G. Goins

Assistant State's Attorney

500 Richard J. Daley Center

Chicago, Illinois 60602

(312) 603-3618

Nazia.Hasan@cookcountyil.gov

Attorney No. 6286352

Attorney for Cook County Defendants

Stephen G. Goins, Esq. 

Metra Law Department

547 W. Jackson Blvd.

Chicago, Illinois 60661

Phone: 312.322.7073

Email: sgoins@metrarr.com

Attorney No. 6310890

Attorney for Metra Defendants 

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CERTIFICATE OF SERVICE

The undersigned certifies that on November 5, 2020, she electronically filed the 

foregoing document with the Clerk of the Court for the Northern District of Illinois by using the 

CM/ECF system. All participants in the case are registered CM/ECF users who will be served by 

the CM/ECF system pursuant to Rule 5(b)(2)(E) and LR 5.9.

By: /s/ Nazia Hasan

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