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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 FOR AN EXTENSION OF 

TIME TO FILE JOINT STATEMENT OF MATERIAL FACTS IN CONNECTION 

WITH PLAINTIFF’S PROSPECTIVE MOTION TO DISMISS AND THE BRIEFING 

SCHEDULE ON SAID MOTION

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

grant an extension of time to file the Joint Statement of Material Facts Plaintiff plans to file in 

support of his Motion for Summary Judgment. In support, Defendant Guevara states:

1. On October 26, 2022, the parties submitted a joint status report. Docket (“Dkt”) at 

172. Included in this status report were proposed briefing schedules for Plaintiff’s prospective 

motion for summary judgment against Defendant Guevara on Plaintiff’s Brady claim. Id. Plaintiff 

proposed to file the motion November 30, 2022, with Defendant Guevara’s response due 

December 30, 2022; and Plaintiff’s reply to be filed on January 12, 2023. Id. Defendant Guevara 

proposed Plaintiff file the motion December 30, 2022, with his response due February 28, 2023, 

and Plaintiff’s reply on March 14, 2023. Id. 

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2. On November 1, 2022, this Court accepted Plaintiff’s proposed briefing schedule 

for his motion for summary judgment (Dkt. 175). Defendant Guevara is thus required by this 

Court’s standing order to reach accord with Plaintiff so that a joint statement of undisputed material 

facts (“JSOF”) is filed by November 30, 2022.

3. On November 14, 2022, Plaintiff submitted a proposed JSOF to Defendant 

Guevara, and counsel for Defendant Guevara has been diligently working on a response. Although 

Plaintiff previously sought leave to file his motion for summary judgment on his Brady claim, and 

in July 2022 had provided Defendant Guevara a proposed JSOF (the “July JSOF”), Plaintiff’s 

recently submitted JSOP is materially different than the July JSOF.

4. Defendant Guevara seeks additional time to submit a proposed JSOF for the 

following reasons:

(a) The JSOP submitted by Plaintiff on November 14, 2022, adds new facts and 

evidence that were not fully developed or disclosed in July 2022, including facts based 

on declarations of two witnesses (McFadden and Agee) that Plaintiff produced on 

October 19 and 20. Defendants promptly personally served subpoenas and noticed

depositions of the declarant witnesses for November 21 and 22, 2022. Both witnesses 

confirmed their availability for the noticed dates, but both depositions had to be 

rescheduled due to Plaintiff’s counsel being unavailable for either date. Their 

depositions are currently scheduled to proceed December 5 and 6, after the current filing 

deadline for the JSOF. Defendant Guevara should have the opportunity to take these

depositions before addressing Plaintiff’s proposed JSOF, which but for Plaintiff’s 

counsel would have occurred by now. 

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(b) The new facts from witnesses Agee and McFadden’s declarations are not the only 

changes to Plaintiff’s July JSOF. The July JSOF had approximately 53 statements of 

fact, whereas now Plaintiff’s JSOF has 62. But it is not merely the number of statements 

in Plaintiff’s revised JSOF that is different. Many of Plaintiff’s facts in the July JSOP 

have been changed or removed from his November JSOP.

(c) The undersigned, lead counsel for Defendant Guevara, has been and is presently 

preparing to commence a trial on November 29, 2022 before the Honorable Jeffrey 

Cole in United States v. Topouzian, Case No. 20-cr-00721. Trial of this matter is 

expected to continue through December 2. The time required to prepare and present 

this trial has and will continue to preclude the undersigned from devoting the time and 

attention to the motion for summary judgment. 

(d) It is also important to note that, while Defendants began reviewing and revising the 

July SOF, there was little to no conferring with Plaintiff’s counsel about Defendants’ 

concerns with the draft. The same is true now. Defendant Guevara sent Plaintiff his 

response to the JSOF on November 21, as previously agreed by the parties. As the 

attached correspondence shows, Plaintiff expects Guevara to submit a “final” 

version before the parties have any sort of meeting. 

(e) Plaintiff’s proposed JSOF also does not contemplate the interests of the other 

Defendants. While the motion is directed solely at Defendant Guevara, there are 

proposed factual assertions that implicate the City and Defendant Daley.

(f) Finally, Plaintiff is in no way prejudiced by this short extension of time. In the 

Court’s order of November 1, 2022, fact discovery is set to close on December 16, 

2022. (Dkt. at 175) The parties will then begin expert discovery, followed by 

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dispositive motions for parties not included in the present motion. There is simply no 

pressing emergency compelling that this motion be filed by November 30, 2022.

3. Defendant Guevara is not asking the Court to move the date for filing Plaintiff’s 

motion for summary judgement against him to the same schedule as that of the other parties, nor 

is he asking the Court to reconsider not accepting the schedule he proposed in October. Rather, 

Defendant Guevara just asks the Court to allow him the ability to fully investigate the 

representations of certain fact witnesses that were previously unknown to Defendants. This short 

extension will give the parties an opportunity to develop a Joint Statement of Facts that is both 

accurate and fair. 

4. Defendant Guevara therefore requests the Court grant an extension of time to file 

the JSOF to December 21, 2022. His response to Plaintiff’s Motion for Summary Judgment will 

then be filed on January 20, 2023, and Plaintiff’s reply on February 10, 2023.

5. This request is not made with any intent to delay, but rather to afford Defendant 

Guevara the necessary time to adequately respond to Plaintiff’s dispositive motion. No parties 

will be prejudiced if a short extension is granted. 

6. Plaintiff’s counsel was consulted and objects to this Motion.

WHEREFORE, for the reasons detailed above, Defendant Guevara requests the briefing 

schedule for Plaintiff’s Motion for Summary Judgment be modified whereby (a) the date for filing 

the JSOF together Plaintiff’s motion and memorandum in support shall now be December 21, 

2022, (b) Defendant Guevara shall file his response January 20, 2022; and (c) Plaintiff to file his 

reply February 10, 2023.

Respectfully Submitted:

DEFENDANT REYNALDO GUEVARA

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/s/ Thomas M. Leinenweber

Thomas M. Leinenweber

Michael J. Schalka 

Megan K. McGrath

Special Assistant Corporation Counsel

Leinenweber Baroni & Daffada, LLC

120 N. LaSalle Street, Suite 2000

Chicago, Illinois 60602

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