On July 13, 2007 The court has revised the pre trial briefing schedule as follows: Plaintiff has until July 30 to respond to Defendant's motion to strike Plaintiff's amended expert report. The University has until August 10 to respond. The clerk's status will be on August 13 at 8:45. The hearing on the motion is set for August 16 at 4:30. Plaintiff has until August 16 to name a second expert, and to disclose an expert report. At the August 16 hearing, the court will determine future expert discovery orders and deadlines, it will hear the Defendant's Motion for Leave to File An Amended Answer To Plaintiff's Third Amended Complaint to Add Affirmative Defense, and Defendant's motion to strike Plaintiff's amended expert report.
Plaintiff has moved for a 2-day time extension to respond to Defendant's summary judgment. Defendant reply had been due August 8, with clerk status set for August 9 and hearing date on August 20. The case continues to be set for jury trial during the week of September 24, 2007. A jury trial has been set for the entire week of September 24, 2007.
The court has determined plaintiff's entitlement to attorneys' fees and costs due to the belated production of the 1200 documents. The magnitude of the award is at issue in the fee petition and a refiled petition is awaited.
The court continues to reserve ruling on defendants' petition for duplicate costs arising
from the plaintiff's 2nd amended complaint.
In his suit against the University, nine claims are now at issue.
Counts I and II allege, respectively, breach of express and of
implied contract, due to violations of University regulations, and
his rights to freedom of inquiry, as set forth in the University
manual and handbook. Freedom of inquiry, one of the most highly
protected freedoms in an academic community, is the freedom to
inquire without penalty or retribution. Counts IV and V allege
breach of express and implied contracts for financial aid
(especially free tutoring). Newly added counts VII and VIII reallege
these breaches of contract with refinements based on discovery to
date. Count IX for spoliation of evidence was added for breach of
duty to preserve evidence by destroying thousands of potentially
relevant documents. Count VI alleges detrimental reliance on the
promises of the University. Count X is for tortious interference
with contract. Vernón claims the University lured him from
another program, and uprooted his life. Vernón is represented
by Elaine Siegel (ELAINE K.B. SIEGEL & ASSOC., P..C., 39 South
LaSalle Street, Suite 617, Chicago, Illinois 60603, (312) 236-8088,
Vernón, a kukkiwon certified black belt, is one of Chicago's
most prominent non-projectile weapons practitioners and most popular
beach personalities. He often performs using the nickname "Tony the
Tiger". You may have seen him perform July 3rd in the Wilmette
Parks District Independence Day Celebration. Plaintiff notes the imminent release of his "Summer 2006 Highlights" video, which will include some 50 video clips from the last year. He was the 1st
middleweight collegiate athlete to deadlift 600 lbs. without using
steroids. His father, Dr. Carlos Vernón (1937-2003), was the
1957 Athlete of the Year for the Republic of Panama and is the
greatest sprinter in Latin American history. He ran a 10.2 when the
world record was 10.1.
Donations to his legal fund by check and money order, at
Vernón Legal Fund, 1507 E. 53rd. St. - #608, Chicago, IL
60615 are welcomed. Donations by credit card and electronic payment
can be made via free paypal accounts (from www.paypal.com) to
email@example.com or firstname.lastname@example.org.