Mueller v. City of East St. Louis, Illinois

CourtDistrict Court, S.D. Illinois
DecidedMay 12, 2025
Docket3:24-cv-02321
StatusUnknown

This text of Mueller v. City of East St. Louis, Illinois (Mueller v. City of East St. Louis, Illinois) is published on Counsel Stack Legal Research, covering District Court, S.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mueller v. City of East St. Louis, Illinois, (S.D. Ill. 2025).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS

NICHOLAS MUELLER et al., ) ) Plaintiffs, ) ) vs. ) Case No. 24-cv-2321-DWD ) CITY OF EAST ST. LOUIS, IL et al., ) ) Defendants. )

MEMORANDUM & ORDER DUGAN, District Judge: Presently before the Court is the Plaintiffs’ Motion to Compel the City of East St. Louis (“the City”) to provide complete responses to their discovery requests. (Doc. 23). The City has responded. (Doc. 24). For the reasons that follow, the Court Grants in Part Plaintiffs Motion to Compel. Additionally, the Court takes under advisement Plaintiffs’ request for sanctions. I. BACKGROUND Plaintiffs Nicholas Mueller (“Nicholas”) and Shonte Mueller (“Shonte”), who are married, filed a complaint alleging that Defendants the City of East St. Louis Housing Authority (“Housing Authority”); the City of East St. Louis; the East St. Louis City Manager, Robert Betts (“Betts”); the Mayor of East St. Louis, Charles Powell III (“Powell”); an East St. Louis Councilman, Courtney Hoffman II (“Hoffman”); an East St. Louis City Councilman, LaVondo Pulley (“Pulley”); and an East St. Louis Housing Authority Agent, Michael Collins conspired to unlawfully terminate Plaintiffs. Specifically, Plaintiffs contend that when Shonte, who was a Commissioner on the Board of the City of East St. Louis Housing Authority, reported that the Housing Authority was not complying with federal law, Defendants retaliated by terminating her employment

with the Housing Authority. Plaintiffs also contend that Nicholas, who was the Assistant Chief of Police for East St. Louis City, was terminated from his position with the City of East St. Louis for the same reason. On February 4, 2025, Nicholas and Shonte each served Requests for Production and Interrogatories on the City of East St. Louis. When the City failed to timely respond, Plaintiffs agreed to extend the deadline to March 21, 2025. The City, without seeking an

extension or otherwise initiating contact with Plaintiffs’ counsel, missed the extended deadline. Plaintiffs’ counsel then contacted The City’s counsel to discuss the overdue discovery, at which time Plaintiffs’ counsel offered a second extension – until April 4, 2025. The City, once again, missed the deadline, and Plaintiffs’ counsel was forced to expend time contacting the City’s counsel regarding the third missed deadline. On April

7, 2025, the City finally responded to Plaintiffs’ discovery requests. Upon review of the City’s discovery responses, and with permission from the Court after complying with the undersigned’s case management procedures, Plaintiffs filed the instant Motion to Compel. Plaintiffs contend that the City’s responses to Nicholas’s interrogatory Nos. 2-5, 7, 9, and 12 and to his requests for production Nos. 1,

and 3-11 are improper because the City failed to review or produce responsive internal correspondence, emails, or communications. Instead, the City merely produced Nicholas’s personnel file.1 Plaintiffs further contend that the City made no attempt to completely respond to interrogatory Nos. 2, 3-7, and 9. Additionally, Plaintiffs argue that

to the extent the City raised any objections, they are meritless, boilerplate objections that have been waived by the City’s failure to timely respond. As to Shonte’s discovery requests, the City has taken the position that it has no obligation to respond to interrogatories or produce responsive documents because Shonte was employed by the Housing Authority, not the City. Plaintiffs contend that the City’s position is nonsensical and lacks legal support.

The City responded to the Motion to Compel. (Doc. 24). The City contends the Motion to Compel should be denied because it does nothing more than express “dissatisfaction with the provided answers.” (Id. pg. 1). The City reiterates that it has “no legal authority regarding the East St. Louis Housing Authority, and by law is a separate and distinct entity from the City of East St. Louis.” (Id). According to the City, the fact

that Shonte worked for a separate entity, is a sufficient basis for not responding to discovery requests pertaining to her, and if Plaintiffs believe its responses are misleading or false, they should propound requests to admit. (Id. at 2). The City does not address any other arguments raised in Plaintiffs’ Motion to Compel, and does not even mention the discovery requests pertaining to Nicholas. Finally, the City claims it has “been making a

diligent search” for responsive documents, but has found “very few” and requests an additional 14 days to ensure a thorough search. (Id. at pg. 2).

1 In response to Nicholas’s Requests for Production Nos. 1-3, 7-9, the City states, “Please see attached Dropbox file.” It appears that the only document included in the Dropbox file was Nicholas’s personnel file. II. APPLICABLE LAW Under Federal Rule of Civil Procedure 26(b)(1), discovery is permitted for any non-privileged matter relevant to a party’s claims or defenses, provided it is proportional

to the case’s needs. The information need not be admissible to be discoverable if it is reasonably calculated to lead to admissible evidence. FED. R. CIV. P. 26(b)(1); Oppenheimer Fund, Inc. v. Sanders, 437 U.S. 340, 351 (1978). The Federal Rules of Civil Procedure provide distinct discovery tools— interrogatories, requests for production, and requests to admit (among others) —each

serving a unique purpose. Interrogatories elicit detailed, narrative responses identifying facts, witnesses, or evidence supporting a party’s claims or defenses. FED. R. CIV. P. 33(b)(3); Bouto v. Guevara, No. 19-CV-2441, 2020 WL 4437669, at *2 (N.D. Ill. Aug. 3, 2020). They must be answered fully in writing under oath, creating potentially admissible binding responses. Requests for production require producing documents, electronically

stored information, or tangible items within Rule 26(b)’s scope. FED. R. CIV. P. 34(a). They complement interrogatories by providing physical evidence to support or refute claims. Requests to admit narrow issues for trial by securing admissions of undisputed facts or document authenticity. Loudermilk v. Best Pallet Co., LLC, No. 08-C-6869, 2009 WL 3272429, at *1 (N.D. Ill. Oct. 8, 2009); Vincent v. House, No. 07-CV-486, 2009 WL 2913912, at *3 (W.D.

Wis. Sept. 8, 2009). These tools are not interchangeable; for example, requests to admit are not designed for broad fact-finding or to replace interrogatories. Vincent v. House, 2009 WL 2913912, at *3. Parties may use discovery tools as they choose, individually or simultaneously, without interference from opposing counsel unless a valid legal basis exists. 8 C. Wright

and A. Miller, Federal Practice and Procedure: Civil 2d. § 2047, at 317 (1970); U.S., ex rel. Fry v. Health All. of Greater Cincinnati, 2009 WL 5227661, at *3 (S.D. Ohio Nov. 20, 2009) (“[I]t is fundamental that parties may simultaneously utilize any or all of the discovery mechanisms authorized by the rules.”) (citation and internal marks omitted); BB & T Corp. v. U.S., 233 F.R.D. 447, 448 (M.D.N.C. 2006) (“The Federal Rules of Civil Procedure favor unhampered discovery and, normally, the choice of discovery methods should be

left to the parties.”); United Techs. Motor Sys., Inc. v. Borg-Warner Auto., Inc., No. CIV.A. 97-71706, 1998 WL 1796257 (E.D. Mich. Sept.

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Related

Oppenheimer Fund, Inc. v. Sanders
437 U.S. 340 (Supreme Court, 1978)
BB & T Corp. v. United States
233 F.R.D. 447 (M.D. North Carolina, 2006)

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