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COVID-19 sidelines January civil trials in SDIL; Judges continue eight set in Benton and ESL

MADISON - ST. CLAIR RECORD

Monday, November 25, 2024

COVID-19 sidelines January civil trials in SDIL; Judges continue eight set in Benton and ESL

Federal Court

Trial dates fell through for eight civil suits at U.S. district court in January because of the virus. 

In a colorful case, District Judge Staci Yandle of Benton continued a Feb. 16 trial for tattoo artist Catherine Alexander. 

Alexander sued World Wrestling Entertainment and video game makers in 2019, asserting copyright privilege for art she inked on wrestler Randy Orton. 

Yandle granted a joint motion to continue trial on Jan. 26, and converted a Feb. 3 pretrial conference to a conference about a trial date. 

At the time the lockdown started, she planned trial in three months.

Other cases: 

On Jan. 27, Yandle granted a joint motion to continue a wrongful termination trial for former Madison County sheriff’s deputy Gustavo Navarrete. 

Navarrete sued the county in 2017, and Yandle denied summary judgment for the county in 2019. 

She found evidence from which a reasonable jury could conclude that the reasons proffered by the county for his termination were merely pretext for discrimination. 

Yandle set trial back from Feb. 22 to June 28. 

When the lockdown started, she planned trial in six weeks. 

On Jan. 27, parties to a medical malpractice suit asked Chief District Judge Nancy Rosenstengel of East St. Louis to continue trial from August to next June. 

Plaintiff Craig Scott sued the United States and Memorial Hospital in 2018. 

The U.S. filed third party claims against the hospital and physicians Olga Rudomiotov and Hans Moosa. 

The motion to continue trial stated that the parties noted the hurdles posed by the pandemic in a conference on Jan. 19. 

“All parties have worked diligently to overcome those hurdles in the most efficient and fair way possible,” they wrote. 

“This has led to significant progress on the discovery front, but the parties also realize the pandemic related hurdles and inevitable resulting delays remain for the foreseeable future.” 

Rosenstengel hadn’t acted on the motion as of Jan. 31. 

On Jan. 15, Senior District Judge Phil Gilbert of Benton continued trial of a suit against Big Daddy’s Disco Diner of Belleville. 

Plaintiff Kevin Johnson of Belleville claims the diner wouldn’t let him bring in a dog he needed to accommodate his disability from stress as an Iraq veteran. 

Johnson and the diner moved to continue trial on Jan. 14, stating they faced challenges in preparing for trial in a safe manner. 

They stated that virus exposure forced counsel on both sides to quarantine. 

Gilbert set trial back from Feb. 1 to May 17. 

On Jan. 21, Gilbert continued a wrongful termination trial. 

Plaintiff Wendy Blades of West Frankfort sued J & S Pharmacy and its president Joyce Fogleman in 2018. 

They moved to continue trial on Jan. 19, due to concerns about gathering a jury pool and about safety of witnesses, jurors, parties and court personnel. 

They wrote that counsel on both sides and certain witnesses lived out of the area and would require travel arrangements, rooms, and access to restaurants. 

They wrote that they had further concerns about trying a case with witnesses, jurors and attorneys wearing face masks or sitting behind glass shields. 

They wrote that they agreed to retain a mediator to explore resolution. 

Gilbert set trial back from March 8 to October. 

On Jan. 29, Rosenstengel continued trial for a highway accident suit. 

Plaintiffs Patricia and Gerald Pates sued LJ Transfer and driver Lloyd Powers in 2019, claiming injuries from a crash on Interstate 70 near Effingham. 

The parties moved to continue trial on Jan. 27, stating plaintiffs, their attorneys, and defense counsel were at high risk for serious consequences from the virus. 

Rosenstengel set trial back from March to October. 

On Jan. 27, District Judge Stephen McGlynn of East St. Louis continued trial of a wrongful arrest suit. 

Plaintiff Joseph Hutchison claims Harrisburg police chief David Morris sealed his house and seized property on false charges that were later dismissed. 

He seeks $750,000 for harm to his business and $1,500,000 in punitive damages. 

He and Harrisburg moved to continue trial on Jan. 15. 

They stated that depositions were delayed because Hutchison’s counsel, Darrell Dunham of Carbondale, tested positive for the virus. 

They stated that family matters required defense counsel, Joseph Bleyer of Marion, to be unable to reschedule the depositions. 

McGlynn set trial back from May 24 to July. 

On Jan. 13, District Judge David Dugan of East St. Louis continued a wrongful termination trial. 

Plaintiff Rodney Howell of Jackson County sued Local 773 of Laborers International in 2019, alleging age discrimination. 

He and the union moved to continue trial on Jan. 8. 

They stated that the pandemic caused delays in obtaining Social Security records and that a delay in plaintiff’s deposition resulted. 

Dugan set trial back from April 26 to Oct. 18.

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