EAST ST. LOUIS – Chief U. S. District Judge Nancy Rosenstengel struck all affirmative defenses of assistant Illinois attorney general Thomas Ewick for violating her orders in a civil suit against Chester Mental Health hospital.
Rosenstengel previously sanctioned him by prohibiting him from initiating any discovery.
Rosenstengel’s current order also directed the state to pay Carbondale lawyer Shari Rhode for extra work Ewick’s misconduct created.
Rhode submitted a bill for $2,250 on Feb. 24.
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.
Ewick filed eight separate affirmative defenses last April.
He claimed Cowell would have received unfavorable employment actions in the absence of any protected conduct.
He claimed she failed to exhaust administrative remedies before the U. S. equal employment opportunity commission or the state human rights department.
Ewick also claimed Cowell failed to exhaust administrative remedies beyond the scope of the equal opportunity commission or the human rights department.
He claimed she failed to mitigate her damages.
Additionally, he claimed defendants exercised reasonable care to prevent and correct any discriminatory conduct, and Cowell failed to take advantage of corrective opportunities.
Ewick asserted three kinds of immunity, claiming defendants performed discretionary duties in good faith within the scope of their employment.
In May Rhode moved to compel overdue discovery responses and document production.
Rosenstengel granted it and told Rhode to request a fee for her work on the motion.
Rhode requested $500 an hour for 2.7 hours.
Ewick missed the discovery deadline and Rhode moved to sanction the state by prohibiting it from initiating discovery.
Rosenstengel granted it in October and awarded $1,350 to Rhode.
In November Ewick stated he met his discovery obligations but needed 30 days to pay Rhode.
After 37 days Rhode notified Rosenstengel that she hadn’t received her fee.
Rosenstengel gave Ewick four days to respond, and he didn’t respond.
On Jan. 6, Rhode advised Rosenstengel that she still hadn’t received her fee.
On Jan. 26, Ewick advised Rosenstengel that he expected a necessary form to be provided to the comptroller in a week, “and the payment will be processed shortly thereafter.”
At a hearing on Feb. 21 Rhode said she still hadn’t received her fee.
Rosenstengel said, “My patience is out.”
She said she’d give it more thought, and in two days she struck the affirmative defenses.
She found prior sanctions didn’t deter Ewick and defendants from ignoring orders and she would be justified in rendering default judgment.
“Because of the severity of default judgment and because Mr. Ewick seems to be primarily responsible for ignoring the court’s last three orders as opposed to defendants themselves, the court will issue a less severe sanction at this time,” Rosenstengel wrote.
She warned that if the pattern persisted the next sanction would be default judgment.
“The utmost attention must be paid to every deadline going forward,” she wrote.
As of Feb. 24, Rhode hadn’t received the $1,350 fee from last October.
Her request for a second fee listed 30 minutes for preparation, 24 minutes for the hearing, and three hours and 36 minutes for the round trip, all at $500 an hour.