IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION 

TYRION S. HODGES, ) 

) 

Plaintiff, ) 

) 

) Case No. 20 C 4760 

vs. ) 

) Honorable John F. Kness 

L. ROGERS, T. RUSHER, ) 

C. ZAMFIRESCU, A. DIAZ, ) 

) 

) 

Defendants. ) 

DEFENDANTS’ RULE 26(f) REPORT REGARDING STEPS TAKEN SINCE 

EARLY OCTOBER 2021 TO CONFER WITH PLAINTIFF 

Pursuant to this Court’s order, dated December 21, 2021, Defendants L. Rogers, T. 

Rusher, C. Zamfirescu, and A. Diaz, by and through their attorneys, Jason E. DeVore and 

Troy S. Radunsky of DeVore Radunsky LLC, submit the following as Defendants’ Rule 

26(f) Status Report Regarding Steps Taken Since Early October 2021 to Confer with 

Plaintiff. 

Failed Efforts to Confer with Plaintiff’s Concerning Status of 

Litigation and Discovery Plan

After Defendants’ counsel arranged for plaintiff to participate in this court’s 

October 12, 2021, hearing, the Plaintiff appeared remotely while incarcerated. During the 

October 12, 2021, hearing, this Honorable Court admonished the plaintiff regarding the 

importance of the plaintiff actively participating his own case and following the rules of 

this court and purse the case. 

Prior to the October 12, 2021, court appearance, Defendants’ counsel initiated 

telephone calls to the plaintiff, but plaintiff refused to speak with Defendants’ counsel 

Case: 1:20-cv-04760 Document #: 52 Filed: 01/11/22 Page 1 of 4 PageID #:181
2 

regarding issues with discovery, including a litigation plan with deadlines. During the 

hearing the plaintiff admitted that he has been unwilling to participate in the Rule 26 

process. During the October 12 court appearance, this Honorable Court took considerable 

time explaining to the plaintiff the importance of engaging in a dialogue with Defendants’ 

counsel and taking actions to pursue this matter, which was filed in 2020. 

After the October 12, 2021, concluded, counsel for the defendants attempted to 

speak with the plaintiff but the plaintiff did not make himself available to speak with 

defendants’ counsel. Additionally, the plaintiff has not contacted defendants’ counsel in 

writing at any point from October 2021 forward. 

On October 27, 2021, defendants’ counsel submitted a Rule 26(f) Status Report to 

this Court, which reflected that plaintiff was unwilling to participate in the Rule 26 

discovery process. Accordingly, as of October 27, 2021, the parties had not met and 

conferred to attempt to resolve any discovery disputes and move forward with discovery. 

The October 27 status report submitted by defendants’ counsel included a proposed 

discovery schedule with a discovery completion date of January 25, 2022. The October 

Status Report reflects the continued unwillingness of the plaintiff to comply with the 

Federal Rules of Civil Procedure and local rules by participating in participate in the Rule 

26 discovery process, or otherwise pursue his case. 

On November 3, 2021, a notification filed by the plaintiff advised that the plaintiff 

was being transferred to Stateville Correctional Facility from Cook County Jail. It also 

advised that the plaintiff w0uld be discharged on November 4, 2021. On November 4, 

2021, this Court entered an order striking the November 5, 2021, and resetting it for 

December 9, 2021, in light of the information contained in the October 27, 2021, status 

Case: 1:20-cv-04760 Document #: 52 Filed: 01/11/22 Page 2 of 4 PageID #:182
3 

report. The November 4 docket entry (Dkt #42) advised that the parties would use the 

same call-in information for the December 9, 2021, court appearance that was to be used 

for the November 5, 2021, court appearance. 

On November 29, 2021, a notice was filed, which advised that the plaintiff moved 

to a new address: 7939 S. Washtenaw, Chicago, IL 60652. No phone number or other 

information was provided. 

On December 8, 2021, this Court entered an order resetting the December 9, 2021, 

court appearance until December 21, 2021, for an in-person hearing. Prior to the courtordered in-person December 21, 2021, hearing, a copy of the December 8 minute order 

was mailed to the plaintiff at the address provided to the court by the plaintiff on 

November 29, 2021. Defendants’ counsel personally mailed a copy of the December 8, 

2021, minute order to plaintiff at the address provided to the court on November 29, 2021. 

On December 21, 2021, defendants’ counsel appeared at the in-person hearing, 

pursuant to this Court’s December 8, 2021, minute order. Plaintiff did not attend the 

December 21 hearing. During the December 21 hearing, this Court continued this matter 

for another in-person hearing on January 14, 2022, at 10:20 a.m. and directed the clerk 

to mail a copy of the December 21, 2021, order to Plaintiff at his last known address (Dkt 

#51.) As stated in open court, pursuant to the December 21 order, Plaintiff was advised 

that if he does not appear at the January 14, 2022, hearing, the Court will dismiss the case 

for want of prosecution. (Dkt #51.) 

Defendants’ counsel submits this Report, pursuant to the requirements of the 

December 21, 2021, court order. (Dkt #51.) Despite repeated attempted communications, 

counsel for the defendants has not yet received any indication that the plaintiff is willing 

Case: 1:20-cv-04760 Document #: 52 Filed: 01/11/22 Page 3 of 4 PageID #:183
4 

to engage in the discovery practice, under Rule 26. On December 11, 2022, Defendants’ 

counsel is personally mailing a copy of this Report to Plaintiff at his last known address. 

Respectfully Submitted, 

By: /s/ Jason E. DeVore___ 

Jason E. DeVore, One of the 

Attorneys for Defendants L. 

Rogers, T. Rusher, C. Zamfirescu, 

and A. Diaz 

DeVore Radunsky LLC 

Jason E. DeVore (ARDC # 6242782) 

Troy S. Radunsky (ARDC # 6269281 

27 N. Wacker Dr., Suite 431 

Chicago, IL 60606 

(312) 300-4479 

jdevore@devoreradunsky.com

tradunsky@devoreradunsky.com 

CERTIFICATE OF SERVICE 

The undersigned, an attorney, hereby certifies that Defendants’ Answer and Affirmative 

Defenses to DEFENDANTS’ RULE 26(f) REPORT REGARDING STEPS TAKEN SINCE 

EARLY OCTOBER 2021 TO CONFER WITH PLAINTIFF was filed on January 11, 2022, 

with the Northern District of Illinois ECF system, serving a copy on all parties. 

/s/ Jason E. DeVore

Jason E. DeVore 

Case: 1:20-cv-04760 Document #: 52 Filed: 01/11/22 Page 4 of 4 PageID #:184