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MADISON - ST. CLAIR RECORD

Friday, May 3, 2024

Sison warns of lawyer sanctions if discovery deficiencies persist in harassment suit

Lawsuits
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Baricevic

EAST ST. LOUIS – C.J. Baricevic, who blamed medication and the coronavirus for failures that resulted in sanctions for client Leslie Raymond, no longer handles the case alone. 

His colleague Grey Chatham entered an appearance for Raymond in U.S. district court on July 14. 

In June, Magistrate Judge Gilbert Sison ordered Raymond to pay for her own deposition as a penalty for discovery violations. 

She seeks damages from Thomas Industrial Coatings for conduct of employee Ronnie Bloodworth and for retaliation. 

Also on July 14, Sison heard lawyers for Illinois attorney general Kwame Raoul argue that Baricevic served an invalid summons in an employment suit. 

Baricevic served it on Raoul for client Alnando Sisson, and Raoul claims he should have served it on the defendant, Illinois Corrections Department. 

Sison took it under advisement. 

On July 15, in a third case, Baricevic apologized to Magistrate Judge Mark Beatty and asked him not to impose sanctions for failing to file a form on time. 

In that case Baricevic represents East St. Louis on a claim that Netflix and other video streamers should pay the same tax as cable companies. 

Baricevic filed Raymond’s complaint last July, in Madison County circuit court. 

She alleged sexual harassment, sexual assault, sexual battery, retaliation, and intentional infliction of distress. 

Thomas Industrial Coatings removed the complaint to district court, asserting diversity jurisdiction as a Missouri citizen. 

Thomas moved to dismiss claims of assault, battery, and distress. 

Baricevic didn’t respond and Sison granted the motion, leaving claims of harassment and retaliation. 

Raymond’s response to interrogatories came late and contained illegible documents and other deficiencies. 

Deficiencies continued and in March, Sison gave Baricevic 14 days to deliver. 

Baricevic filed a response 53 minutes before midnight on the 14th day, but Thomas counsel Bryan Kaemmerer claimed it didn’t resolve all open items. 

He moved for sanctions on April 19, finding it clear that Sison’s order didn’t succeed in gaining Raymond’s attention. 

He claimed her history of ignoring discovery requests and providing incomplete and evasive responses was well documented. 

He claimed she hindered Thomas from acquiring evidence it needed to depose her. 

At a hearing on May 21, Sison asked Baricevic if he or Raymond was responsible and Baricevic said it was mostly him. 

Sison gave him four days to deliver. 

Responses came but on June 1, Kaemmerer claimed Raymond didn’t verify them. 

Sison sanctioned her on June 10, finding she didn’t sign documents from Baricevic. 

He not only pinned the cost of her deposition on her but also ordered her to pay the bills Kaemmerer incurred to enforce his orders. 

Baricevic was not sanctioned.

“He has struggled with side effects from new medications and ongoing symptoms from Covid-19, both of which have impacted his ability to practice,” Sison wrote. 

He warned that he would sanction Baricevic if he should contribute to future deficiencies in discovery. 

He directed Thomas to request admissions by June 25, and ruled that he would deem them admitted if Raymond doesn’t verify her response. 

He later extended the deadline to July 28.

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