EAST ST. LOUIS – Chief U. S. District Judge Nancy Rosenstengel has sanctioned Illinois state government twice for misconduct in a civil suit and could do it again if Illinois Attorney General Kwame Raoul fails to pay for discovery violations.
“My patience is out,” she told assistant attorney general Thomas Ewick at a hearing on Feb. 21.
She didn’t specify what she would do, saying she wanted to give it some more thought.
“I have four orders I thought were pretty clear that were ignored,” she wrote.
An order she signed last October awarded $1,350 to lawyer Shari Rhode of Carbondale.
Rhode said at the hearing she hadn’t received it.
She represents Angela Cowell of Willisville, coordinator of admission and discharge at Chester mental health hospital.
Cowell sued the hospital, administrator Travis Nottmeier, chief social worker Jalma Klausing, and human resources employee Jessica Lawson in 2021.
She alleged discrimination on the basis of sex and disability, interference with rights under medical leave law, and infliction of emotional distress.
Ewick moved to dismiss the complaint and Rosenstengel denied it, finding Cowell created an inference of personal animosity.
Rhode moved to compel overdue discovery responses and document production last May.
She asked for a sanction awarding reasonable fees associated with the motion.
Ewick responded that he had been particularly busy with other cases.
Rosenstengel set a May 12 discovery deadline and told Rhode to request her fee.
Rhode requested $500 an hour for 2.7 hours.
The state missed its deadline and Rhode moved for sanctions in June.
At a hearing in October, Rhode asked Rosenstengel to sanction the state by prohibiting it from initiating any discovery.
Rosenstengel granted it, set a Nov. 7 deadline for compliance, and awarded $1,350 to Rhode.
At the deadline Ewick stated he met his discovery obligations but needed 30 days to pay Rhode.
After 37 days, Rhode notified Rosenstengel that she didn’t receive her fee.
Rosenstengel gave Ewick four days to respond, and he didn’t respond.
On Jan. 6, Rosenstengel ordered the parties to file a status report by Jan. 13.
Rhode filed a report that she didn’t receive her fee, and Ewick filed nothing.
Rosenstengel gave Ewick seven days to show why she shouldn’t hold him in contempt.
He responded on Jan. 26 with excuses that added up to a parody of clumsy bureaucracy.
Ewick shared the blame, stating he had little experience in processing payments out of the state’s indemnity fund.
He wrote that he sent a form to his bureau chief who told him it needed to first be signed by the human services department before the division chief could provide it to the comptroller.
He wrote that he expected the form to be provided to the comptroller within a week, “and the payment will be processed shortly thereafter.”
At the hearing Rhode said the comptroller didn’t accept her W-9 form, and her accountant was working on it.
Ewick said, “I do accept a lot of responsibility.”
Rosenstengel said, “It surprised me that you weren’t familiar with the process.”
She asked Rhode what sanction she would request and Rhode said she didn’t know.
Rosenstengel said she had wide latitude.
“I’m pretty easy going but I don’t take it lightly,” she said.
“I’ve got a 2021 case that isn’t anywhere near resolution,” she added.
Rosenstengel told Rhode to let her know when she receives her fee.