EAST ST. LOUIS – Assistant Illinois attorney general Martin Plute took over a case after his colleague Thomas Ewick was sanctioned for discovery violations, and Plute managed to make matters worse.
Two checks that Carbondale lawyer Shari Rhode received for the costs of Ewick’s misconduct carried notes that they represented settlement of the case.
Rhode received the first check on May 1, for $1,350.
She notified Chief U.S. District Judge Nancy Rosenstengel on May 2, stating she would violate a professional obligation if she cashed the check.
She claimed she contacted Plute, and he advised that his clients said it was standard language and no change would be forthcoming.
On May 3, Rosenstengel gave the state 14 days to reissue the check with an accurate description.
“It is highly inappropriate to issue a check with a description indicating that it covers the full and final settlement of a case when it does not cover any such settlement,” she wrote.
“As the court has already expressed, these continued antics and the inability to follow through on court ordered payments will not be tolerated,” she added.
Rosenstengel directed Rhode to file a bill of costs “for time she spent handling this latest issue.”
Rhode received a $2,250 check on May 4, with the same note.
She represents Angela Cowell in a harassment and discrimination suit against Chester Mental Health Center and managers Travis Nottmeier, Jaima Klausing, and Jessica Lawson.
She sued in 2021, claiming they violated her rights under state human rights law and federal laws on civil rights, disability, and family and medical leave.
Ewick didn’t answer discovery requests and Rhode moved to compel discovery last year.
Rosenstengel set a deadline and directed Rhode to detail her fee for bringing the motion.
Rhode submitted 2.7 hours at $500 an hour for a total of $1,350.
When Ewick missed his deadline, Rhode moved for sanctions.
Ewick didn’t respond to the motion, and Rhode moved for further sanctions.
Rosenstengel ruled last October that because defendants didn’t participate in discovery, she would prohibit them from initiating any discovery or deposing any witness.
She ordered them to pay Rhode $1,350.
In January, Rhode notified Rosenstengel that they didn’t pay.
Rosenstengel ordered Ewick to show why she shouldn’t impose sanctions.
He blamed bureaucratic procedures and internal debates about responsibility for the cost.
Rosenstengel held a hearing in February and struck Ewick’s affirmative defenses.
She found she’d be justified in rendering default judgment but because Ewick seemed responsible as opposed to the defendants themselves, she’d issue a less severe sanction.
“Internal confusion or processing does not excuse his lack of effort in notifying the court of the challenges he faced in securing payment,” she wrote.
She directed Rhode to itemize her fees, and Rhode billed 4.5 hours for $2,250.
Plute replaced Ewick on March 30, and Rhode received the first check 32 days later.
When Rhode sent notice of the second check, Rosenstengel signed an order stating she understood that it was likely issued before she ordered correction of the first check.
She set a May 26 deadline for payment of both checks and ordered the state to pay Rhode another $500 for an hour she spent on the correction.