IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF 

ILLINOIS WESTERN DIVISION 

NICK GEORGEFF, 

 Plaintiff, 

v. 

DON BORNEKE CONSTRUCTION, INC., 

 Defendant. 

No. 3:20-cv-50313 

Honorable Lisa A. Jensen. 

DEFENDANT, DON BORNEKE CONSTRUCTION, INC.'S NOTICE OF INTENT TO

OBJECT TO PLAINTIFF’S MOTION TO COMPEL 

Defendant, Don Borneke Construction, Inc., by and through its counsel, Brian D. Hahn of 

Hickey Smith Dodd LLP, hereby files its Notice of Intent to Object to Plaintiff’s Motion to 

Compel, and in support states as follows: 

1. On the afternoon of Friday, July 2, 2021, Plaintiff filed a Motion to Compel. 

2. Plaintiff’s notice of motion pertaining to his Motion to Compel violated Fed. R. 

Civ. P. 6(c) and LR 5.3 as it set the date and time of hearing for July 9, 2021 at 10:00 a.m., 

which is less than 14 days following filing. 

3. Plaintiff’s Motion to Compel did not clearly state Defendant’s intention to object. 

4. Defendant is filing this Notice of Intent to Object to Plaintiff’s Motion to Compel 

to protect its right to file its objections via a full written response. 

5. Defendant wishes to file its response in opposition within 10 days following 

service or by July 12, 2021 as provided by Fed. R. Civ. P. 27(a)(3). 

6. Counsel for Defendant wishes to inform the Court that he has a deposition 

scheduled to begin at 11:00 a.m. on July 9, 2021 should the Court be inclined to fully consider 

Case: 3:20-cv-50313 Document #: 38 Filed: 07/06/21 Page 1 of 4 PageID #:123
the motion to compel on July 9, 2021 prior to affording Defendant its requested 10 days to file a 

written response in opposition. 

Respectfully submitted, 

HICKEY SMITH DODD LLP 

Brian D. Hahn (ARDC: 6277589) 

2863 West 95th St, Suite 256 

Naperville, IL 60564 

Telephone: (630) 402-6139 

Email: bhahn@hickeysmith.com

Attorney for Defendant, Don Borneke Construction, Inc 

 

Case: 3:20-cv-50313 Document #: 38 Filed: 07/06/21 Page 2 of 4 PageID #:124
CERTIFICATE OF SERVICE

The undersigned, being first duly sworn upon oath, deposes and states that a true and 

correct copy of the foregoing document was served on this 6th day of July, 2021, to the individuals 

listed in the service list below by one or more of the following means: 

 Personal Service 

 Messenger Deliver 

 Overnight Delivery 

 United States Mail with postage thereon prepaid, with said

mailing performed before 5:00 p.m.

 Facsimile Transmission 

X Email 

 Via the Court’s electronic notification service 

______________________________ 

Brian D. Hahn 

HICKEY SMITH DODD LLP 

2863 West 95th St, Suite 256 

Naperville, IL 60564 

Telephone: (630) 402-6139 

Facsimile: (630) 402-6139 

Attorneys for Defendant, 

Don Borneke Construction, Inc. 

Case: 3:20-cv-50313 Document #: 38 Filed: 07/06/21 Page 3 of 4 PageID #:125
SERVICE LIST

Steven A. Berman, Esq. 

Charles A. Terry, Esq. 

ANESI, OZMON RODIN, NOVAK & KOHEN, LTD 

161 North Clark Street, 21st Floor 

Chicago, IL 60601 

T: (312) 372-3822 

F: (312) 372-3833 

sberman@anesilaw.com 

cterry@anesilaw.com

Attorneys for Plaintiff, Nick Georgeff 

Case: 3:20-cv-50313 Document #: 38 Filed: 07/06/21 Page 4 of 4 PageID #:126