Expect law firm to expand ‘kitchen sink’ strategy in bias case vs. U46

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Jeff Ward

Updated: October 3, 2011 1:43PM

Some folks might say U.S. District Court Judge Robert Gettleman is a “plaintiff’s attorney,” but not me. I think our School District U46 discrimination lawsuit magistrate is just a generally cautious man. When you consider appeals court reversals and the current timbre of our adversarial legal system, who could blame him for wanting to tread lightly?

There’s a reason Judge Judy doesn’t run a real courtroom.

Let’s temporarily go back to 2004, when this lawsuit fracas first began. Elgin Mayor Ed Schock and the then-city council hired the Futterman Howard law firm to potentially sue U46 over the district’s proposed school boundary changes. Although Elgin quickly abandoned that legal proposition, the law firm — sensing blood in the water — forged ahead with plaintiffs who claim U46 provided minorities with inferior educational opportunities.

When we last left off, Judge Gettleman was so unimpressed with the first phase of the plaintiff’s case that he entertained the defense team’s motion for a “judgment as a matter of law.” What that legal term essentially means is, the plaintiffs did such a miserable job of stating their case that the defense should prevail without even putting on one witness.

Typically, those motions are quickly dismissed. You might see one directed verdict in all of Kane County every two years.

Ah, but this time Judge Gettleman didn’t dismiss it. Announcing he had “some serious questions about the case,” he asked the defense to submit its argument in writing, which it did in March.

But then it was the plaintiffs’ turn to respond, and Futterman Howard gave a whole new meaning to the word “response.” Court was originally set to reconvene in May, but, describing their counter-motion as a “voluminous paper,” Gettleman pushed the hearing back to Aug. 5.

And I’m semi-sad to report, at that hearing, the judge dismissed the U46 motion to end this travesty without prejudice. Translated: After the plaintiffs completely bombed out in the initial phase — which was supposed to have been their strongest — the judge is going to give them one final shot.

Stating “I want to have enough grasp (on the case) to make an informed decision, because this is so important to the district and the parents,” Gettleman will allow the plaintiffs to present Phases Two and Three before ruling on the original defense motion.

Remember, Phase One was supposed to consist of boundary discrimination evidence, but the plaintiffs cited mobile classroom use instead. Who knows? While phases Two and Three are set to cover English language learners and the gifted programs, I wouldn’t be surprised if the plaintiffs go after cafeteria food and school dances.

It never hurts to keep the judge guessing!

I did manage to get my hands on a copy of the Aug. 5 hearing transcript (I promise not to bore you with the gory 100-page details), and let’s just say Futterman Howard promised the judge the sun, the moon and the stars.

If we’re to believe them, in the next two phases, they’ll prove U46 is responsible for the JFK assassination, that it knows where Jimmy Hoffa is buried, and that district spokesperson Tony Sanders killed rappers Biggie and Tupac. Then they’ll somehow sum up how these disparate events equal discrimination against minority students.

So now Futterman Howard has to produce a list of Phase Two and Three witnesses, their proposed testimony, and any associated evidence. Then both sides will sit down and map out the rest of the case. Gettleman added that he wants to hear the remainder of the plaintiffs’ case in two or three days and finish up “before the snowflakes fly.”

Judge, let me help you out here. Futterman Howard files these discrimination lawsuits in the hope that defendants will quickly and quietly settle. And the longer you let this drag on, the greater the chance of something like happening here.

This law firm can’t afford to walk away! It never expected U46 to fight back; and if it loses this case, then the next school system will fight back, too. Every district in the state should be sending U46 money to cover legal costs, because the district is the one fighting the battle that no one else has had the nerve to fight.

Judge Gettleman, in this Fox News day and age of speaking your mind first and getting your facts later, I really do admire your thoroughness, but even you don’t believe these plaintiffs. When you dismissed the defense motion without prejudice, even you admitted, “Maybe we’re just kicking the can down the road.”

Futterman Howard’s newest strategy is to prolong this farce by burying you in paperwork, because that’s what lawyers do when they don’t have a case. What makes you think they’re going to start putting one on now?

Jeff Ward contacted at jeffwardsun@sbcglobal.net