Docket as of June 6, 2003 8:56 pm Web PACER (v2.4) U.S. District Court Northern District of Illinois (Chicago) CIVIL DOCKET FOR CASE #: 01-CV-4010 Waits v. Chgo, Cty of, et al Filed: 05/31/01 Assigned to: Hon. William J. Hibbler Jury demand: Both Demand: $0,000 Nature of Suit: 440 Lead Docket: None Jurisdiction: Federal Question Dkt# in other court: None Cause: 42:1983 Civil Rights Act KENTIN WAITS Jonathan I. Loevy plaintiff [COR LD NTC A] Arthur R. Loevy [COR] Danielle Loevy [COR] Jonathan A. Rosenblatt [COR] Loevy & Loevy 312 North May Street Suite 100 Chicago, IL 60607 (312)243-5900 v. CITY OF CHICAGO Sharon Baldwin defendant [COR LD NTC A] City of Chicago, Law Department Corporation Counsel 30 North LaSalle, Suite 1020 Chicago, IL 60602 (312) 744-5100 Penelope Moutoussamy-George [COR] City of Chicago, Department of Law 30 North LaSalle Street Suite 900 Chicago, IL 60602 (312) 744-9010 Mara Stacy Georges [COR] Corporation Counsel, City of Chicago 121 North LaSalle Street Room 600 Chicago, IL 60602 (312)744-0220 CALLIE L BAIRD Sharon Baldwin defendant [term 03/07/02] [term 03/07/02] (See above) [COR LD NTC A] Penelope Moutoussamy-George [term 03/07/02] (See above) [COR] Mara Stacy Georges [term 03/07/02] (See above) [COR] UNKNOWN UNKNOWN CHICAGO POLICE OFFICERS defendant [term 07/18/01] MICHAEL PRUSANK Joseph M. Polick defendant [COR] Michael Patrick Monahan [COR] Kimberly Elizabeth Brown [COR LD NTC A] City of Chicago, Department of Law Individual Defense Litigation 30 North LaSalle Street Suite 1400 Chicago, IL 60602 (312) 742-6433 DANIEL DURST Joseph M. Polick defendant (See above) [COR] Michael Patrick Monahan (See above) [COR] Kimberly Elizabeth Brown (See above) [COR LD NTC A] DOCKET PROCEEDINGS DATE # DOCKET ENTRY 5/31/01 1 COMPLAINT ; jury demand - Civil cover sheet - Appearance(s) of Jonathan I. Loevy, Arthur R. Loevy, Danielle Loevy and Jonathan A. Rosenblatt as attorney(s) for plaintiff Kentin Waits ( No summons(es) issued.) ( Documents: 1-1 through 1-3) (hp) [Entry date 06/01/01] 5/31/01 -- RECEIPT regarding payment of filing fee paid; on 5/31/01 in the amount of $ 150.00, receipt # 1048122. (hp) [Entry date 06/01/01] 6/1/01 2 MOTION by plaintiff to order the City of Chicago to disclose to plaintiff the identities of the defendant Officers (Attachments); Notice (ls) [Entry date 06/12/01] 6/7/01 3 MINUTE ORDER of 6/7/01 by Hon. William J. Hibbler : Motion to order the City of Chicago to disclose to plaintiff the identities of the defendant Officers is stricken as moot, [2-1] the City having tendered the documents requested in open court. Status hearing to set for 9:15 a.m. on 8/14/01. Mailed notice. (ls) [Entry date 06/12/01] 6/13/01 4 RENEWED MOTION by plaintiff for an order compelling the City of Chicago to disclose to plaintiff the identity of the defendant officer (Attachment); Notice (jmp) [Entry date 06/19/01] 6/18/01 5 MINUTE ORDER of 6/18/01 by Hon. William J. Hibbler : Plaintiff's renewed motion for an order compelling the City of Chicago to disclose to plaintiff the identity of the defendant officer is granted [4-1]. Defendant is to supply answers to plaintiff's question, as stated in open court, by 07/03/01. Mailed notice (jmp) [Entry date 06/19/01] [Edit date 06/20/01] 7/6/01 6 ATTORNEY APPEARANCE for defendants Chgo, Cty of, Callie L Baird by Sharon Baldwin, Penelope Moutoussamy-George, Mara Stacy Georges. (mw) [Entry date 07/09/01] 7/6/01 7 MOTION by plaintiff to compel in light of the statute of limitations (Attachments); Notice. (vj) [Entry date 07/17/01] 7/16/01 8 MINUTE ORDER of 7/16/01 by Hon. William J. Hibbler: Plaintiff's motion to compel in light of the statute of limitations is granted [7-1]. Defendants to display a photo spread of the 4 officers stated in open court on or before 7/18/01. Mailed notice (vj) [Entry date 07/17/01] 7/18/01 9 AMENDED COMPLAINT [1-1] by plaintiff; jury demand terminating defendant Unknown Chgo Police Officers; adding defendants Michael Prusank, Daniel Durst; Notice (ip) [Entry date 07/20/01] 8/14/01 -- SCHEDULE set on 8/14/01 by Hon. William J. Hibbler : Status hearing held and continued to 9:15 10/23/01. Parties to comply with FRCP 26(a)(1) by 9/11/01. Discovery ordered closed on 11/13/01 . Mailed notice (jc) [Entry date 08/14/01] 8/17/01 10 MOTION by defendants Cty of Chgo, Callie L Baird for leave to file answer and motion to dismiss instanter; Notice. (mf) [Entry date 08/23/01] 8/17/01 11 MOTION by defendants Cty of Chgo, Callie L Baird to dismiss counts V and VI of the amended complaint; Memorandum in support (Attachments). (mf) [Entry date 08/23/01] [Edit date 08/23/01] 8/17/01 12 ANSWER, defenses by defendants Cty of Chgo, Callie L Baird to the amended complaint [9-1]; Jury demand. (mf) [Entry date 08/23/01] 8/22/01 13 MINUTE ORDER of 8/22/01 by Hon. William J. Hibbler : Defendants' City of Chicago and Callie L. Baird's motion for leave to file instanter their motion to dismiss counts V and VI of the amended complaint and the City's answer to the remaining counts of the amended complaint is granted [10-1]. Defendants City of Chicago and Baird's motions to dismiss counts V and VI [11-1] are taken under advisement. Plaintiff to respond by 9/19/01. Defendants City and Baird to reply by 10/3/01. Ruling by mail. Mailed notice (mf) [Entry date 08/23/01] [Edit date 08/24/01] 8/27/01 15 MOTION by defendant Chgo, Cty of to structure discovery (Attachments); Notice. (vj) [Entry date 09/13/01] 9/4/01 14 RESPONSES by plaintiff to defendants' motion to "structure" discovery; Notice. (mw) [Entry date 09/05/01] 9/6/01 16 MINUTE ORDER of 9/6/01 by Hon. William J. Hibbler: City of Chicago's motion to structure discovery is denied [15-1] as stated in open court. Mailed notice (vj) [Entry date 09/13/01] 9/20/01 17 ANSWER by defendants Michael Prusank and Daniel Durst [9-1], Affirmative Defenses and 12(B)(6) Defenses to plaintiff's complaint; jury demand; Notice of filing (eav) [Entry date 09/21/01] 9/20/01 18 ATTORNEY APPEARANCE for defendants Michael Prusank, Daniel Durst by Kimberly E. Brown, Michael P. Monahan and Joseph M. Polick (eav) [Entry date 09/21/01] 9/20/01 19 WAIVER of service of summons as to defendants Michael Prusank sent on 08/14/01, Daniel Durst sent on 8/14/01; Notice. (19-1 through 19-2) (mw) [Entry date 09/24/01] [Edit date 09/24/01] 9/21/01 20 RESPONSE by plaintiff to defendants' motion to dismiss [11-1]; Notice. (cm) [Entry date 09/25/01] 10/3/01 21 REPLY brief by defendants Cty of Chgo, Callie L Baird in support of their motion to dismiss [11-1] (Attachments); Notice. (mf) [Entry date 10/04/01] 10/23/01 -- SCHEDULE set on 10/23/01 by Hon. William J. Hibbler : Status hearing held and continued to 9:15 11/14/01. Individual defendants fail to appear. Mailed notice (jc) [Entry date 10/23/01] 11/13/01 22 MOTION by plaintiff to compel deposition dates (Attachments); Notice. (lxs) [Entry date 11/16/01] 11/13/01 23 MOTION by plaintiff to quash defendants' subpoena for phone records (Attachment); Notice. (lxs) [Entry date 11/16/01] 11/14/01 24 MINUTE ORDER of 11/14/01 by Hon. William J. Hibbler : Plaintiff's motion to quash defendants' subpoena for phone records is denied [23-1]. Plaintiff's motion to compel deposition dates is stricken based on an agreement of the defendants in open court [22-1]. Status hearing held and continued to 1/17/02 at 9:15a.m. Discovery cut-off extended to 1/14/02. Mailed notice (lxs) [Entry date 11/16/01] 12/3/01 25 MOTION by plaintiff to bar witnesses (Attachments); Notice. (vj) [Entry date 12/12/01] 12/6/01 26 MINUTE ORDER of 12/6/01 by Hon. William J. Hibbler: Plaintiff's motion to bar witnesses is denied [25-1] as premature for the reasons stated in open court. Mailed notice (vj) [Entry date 12/12/01] 1/9/02 27 JOINT MOTION by parties to extend discovery ; Notice. (lxs) [Entry date 01/22/02] 1/11/02 31 MOTION by plaintiff to compel discovery (Attachments); Notice. (lxs) [Entry date 01/22/02] 1/14/02 28 MOTION by defendant Chgo, Cty of to bar discovery (and trial) of "policy" issues on 1983 claim against the city ; Notice. (lxs) [Entry date 01/22/02] 1/14/02 29 WAIVER OF REQUIREMENT by defendant Chgo, Cty of of proof that city caused constitutional violation. (lxs) [Entry date 01/22/02] 1/14/02 30 MOTION by defendants Michael Prusank, Daniel Durst for a Rule 35 examination ; Notice. (lxs) [Entry date 01/22/02] 1/17/02 32 MINUTE ORDER of 1/17/02 by Hon. William J. Hibbler : Plaintiff's motion to compel discovery is granted in part and denied in part as stated in open court [31-1]. Joint motion to extend discovery cut-off until 03/18/02 is granted [27-1]. Final extension. City of Chicago's motion to bar discovery (and trial) of "policy" issues on 1983 claim against the city is denied as stated in open court [28-1]. Defendants Durst and Prusank's motion for a Rule 35 examination [30-1] is taken under advisement. Plaintiff to respond by 01/31/02. Ruling by mail. Status hearing held and continued to 3/26/02 at 9:15a.m. Mailed notice (lxs) [Entry date 01/22/02] 1/31/02 33 RESPONSE by plaintiff to defendants' motion for a Rule 35 examination [30-1] (Attachments); Notice. (mw) [Entry date 02/04/02] 2/5/02 34 MOTION by defendant Michael Prusanks and Daniel Durst for a Rule 35 examination ; Notifce (ip) [Entry date 02/06/02] 2/11/02 35 FIFTH MOTION by plaintiff to compel discovery (Attachments); Notice. (vj) [Entry date 02/22/02] 2/14/02 36 MINUTE ORDER of 2/14/02 by Hon. William J. Hibbler: Plaintiff's fifth motion to compel discovery is granted [35-1] as stated in open court. Defendants to comply by 2/28/02. Mailed notice (vj) [Entry date 02/22/02] 2/25/02 37 MOTION by defendants Michael Prusank and Daniel Durst for the court to enter a Rule 35 order (Attachments); Notice of motion (eav) [Entry date 03/05/02] 2/28/02 38 MINUTE ORDER of 2/28/02 by Hon. William J. Hibbler : Individual defendants Durst and Prusank's motion for the court to enter a Rule 35 order is granted for the reasons stated in open court. [37-1] Motion doc. [30-1], [34-1] are terminated as moot. mailed notice (eav) [Entry date 03/05/02] 3/7/02 39 MINUTE ORDER of 3/7/02 by Hon. William J. Hibbler : Defendants' motion to dismiss granted [11-1]. Counts V and VI of the amended complaint are dismissed. Therefore defendant Callie L. Baird is dismissed from this action terminating party Callie L Baird. (See reverse of minute order.) Mailed notice (jmp) [Entry date 03/08/02] 3/15/02 40 SIXTH MOTION by plaintiff to compel discovery (Attachments); Notice (ip) [Entry date 03/25/02] 3/15/02 41 MOTION by plaintiff for leave to disclose expert testimony and other relief ; Notice (ip) [Entry date 03/25/02] 3/21/02 42 MINUTE ORDER of 3/21/02 by Hon. William J. Hibbler: Plaintiff's sixth motion to compel discovery [40-1] is stricken as moot based upon the parties compliance. Plaintiff's motion for leave to disclose expert testimony [41-1] and other relief [41-2] is denied without prejudice. No notice (ip) [Entry date 03/25/02] 3/26/02 -- SCHEDULE set on 3/26/02 by Hon. William J. Hibbler : Status hearing held and continued to 9:15 4/18/02 . No notice (tc) [Entry date 03/26/02] 4/10/02 44 MOTION by plaintiff to compel phone number (Attachment); Notice (ar) [Entry date 04/23/02] 4/10/02 45 MOTION by plaintiff to bar expert testimony (Attachments); Notice (ar) [Entry date 04/23/02] 4/16/02 43 MOTION by plaintiff for a rule to show cause (Attachments); Notice. (nf) [Entry date 04/17/02] 4/18/02 46 MINUTE ORDER of 4/18/02 by Hon. William J. Hibbler : Status hearing held and continued to 9:15 am on 05/21/02. Plaintiff's motion to compel phone numbers is denied [44-1]. Plaintiff's motion to bar expert testimony is denied as stated in open court [45-1]. Plaintiff given until 05/09/02 to disclose a rebuttal expert pursuant to FRCP 26(a)(2). Mailed notice (ar) [Entry date 04/23/02] 4/22/02 47 MINUTE ORDER of 4/22/02 by Hon. William J. Hibbler : Plaintiff's motion for rule to show cause is denied [43-1]. No notice (ar) [Entry date 04/23/02] 5/21/02 48 MINUTE ORDER of 5/21/02 by Hon. William J. Hibbler : Status hearing held. Plaintiff's oral motion for seven days to disclose a Rule 35 expert is granted. A settlement conference is set for 11:00 a.m. on 6/10/02. Parties with full authority to settle the case are required to be present at the settlement conference. Mailed notice. (ls) [Entry date 05/22/02] 6/10/02 -- SCHEDULE set on 6/10/02 by Hon. William J. Hibbler : Settlement conference held and continued to 10:00 6/18/02. Mailed notice (jc) [Entry date 06/13/02] 6/18/02 -- SCHEDULE set on 6/18/02 by Hon. William J. Hibbler : Settlement conference held. Status hearing set to 9:15 7/2/02 . In court notice (jc) [Entry date 07/02/02] 7/2/02 -- SCHEDULE set on 7/2/02 by Hon. William J. Hibbler : Status hearing held. Expert discovery cut-off set for 9/3/02. Joint pretrial order and agreed jury instructions to be submitted in triplicate to chambers on 9/12/02. Pretrial conference set to 11:00 9/19/02. Jury trial set to 10:00 10/21/02 . Mailed notice (jc) [Entry date 07/09/02] 8/14/02 49 MINUTE ORDER of 8/14/02 by Hon. William J. Hibbler : By agreement of the parties time within which to submit the final pretrial order is extended to 9/19/02 . Final pretrial conference set for 09/19/02 is stricken and reset to 11:00 a.m. 10/9/02. Mailed notice (nf) [Entry date 08/15/02] [Edit date 08/15/02] 9/19/02 50 MOTION by defendants in limine to instruct plaintiff and his witnesses, not to mention, refer to, interrogate or introduce evidence concerning, voluntarily answering or attempting to convey the the jury at any time during the proceedings in any manner, either directly or indirectly ; Notice (nf) [Entry date 09/20/02] 9/19/02 57 MOTION by defendants in limine to instruct plaintiff and his witnesses, through his attorney, not to mention, refer to, interrogate or introduce evidence concering, voluntarily answering or attempting to convey the jury at any time during the proceedings in any manner, either directly or indirectly, the subject matters referred to in these motions in limine; Notice (nf) [Entry date 10/03/02] [Edit date 10/23/02] 9/19/02 58 MINUTE ORDER of 9/19/02 by Hon. William J. Hibbler: (Entered Final Pretrial Order). No notice (nf) [Entry date 10/08/02] 9/20/02 51 TRIAL brief by plaintiff; Notice. (nf) [Entry date 09/23/02] 9/20/02 52 FIRST MOTION by plaintiff in limine to bar exhibits not previously produced in discovery. (nf) [Entry date 09/23/02] 9/20/02 53 SECOND MOTION by plaintiff in limine to bar witnesses never produced for deposition during discovery. (nf) [Entry date 09/23/02] 9/20/02 54 THIRD MOTION by plaintiff in limine to bar references to certain facts. (nf) [Entry date 09/23/02] 9/20/02 55 FOURTH MOTION by plaintiff in limine to bar, or, alternatively, limit testimony relating to irrelevant aspects of plaintiff's past; Notice (nf) [Entry date 09/23/02] 9/20/02 56 EXHIBITS by plaintiff in support of his motions in limine [55-1], [54-1], [53-1], [52-1]. (nf) [Entry date 09/23/02] 10/8/02 59 RESPONSE by defendants to plaintiff's motions in limine [55-1], [54-1], [53-1], [52-1] (Attachments); Notice. (nf) [Entry date 10/09/02] 10/9/02 61 MINUTE ORDER of 10/9/02 by Hon. William J. Hibbler : Pretrial conference held. Plaintiff's first motion in limine to bar exhibits not previously produced in discovery [52-1] is taken under advisement. Plaintiff's second motion in limine to bar witnesses never produced for deposition during discovery [53-1] is taken under advisement. Plaintiff's third motion in limine to bar references to certain facts is denied part and granted in part [54-1]. Plaintiff's fourth motion in limine to bar, or, alternatively, limit testimony relating to irrelevant aspects of plaintiff's past is denied in part and granted in part [55-1]. No notice (nf) [Entry date 10/22/02] 10/9/02 63 MINUTE ORDER of 10/9/02 by Hon. William J. Hibbler: Defendants' motions in limine to: bar all testimony regarding plaintiff's truck is denied; reference to defendants' attorneys as "the City", "City Lawyers", "Corporation Counsel" is granted; suggestion or implication of indemnification by the City of Chicago is granted; reference to unrelated publicized incidents is granted; reference to unrelated compliant register files or lawsuits is granted; reference to "Code of Silence" is overruled; reference to the disclaimer appearing on the statements and reports of police officers that the statements they were giving were not voluntarily but under duress; bar any testimony or evidence regarding police regulations or general orders or suggestion that the defendants may have breached or violated any such regulations or orders during plaintiff's arrest is denied. Mailed notice (nf) [Entry date 10/23/02] 10/16/02 64 MOTION by plaintiff to enforce subpoena (Attachments); Notice (nf) [Entry date 11/13/02] 10/18/02 60 RESPONSE by defendants to plaintiff's motion to enforce subpoena; Notice. (nf) [Entry date 10/21/02] 10/18/02 62 REPLY by plaintiff in support of his motion to enforce subpoena; Notice. (nf) [Entry date 10/22/02] 10/21/02 -- SCHEDULE set on 10/21/02 by Hon. William J. Hibbler : Trial begins - jury. Jury trial continued to 11:00 10/22/02. In court notice (jc) [Entry date 10/23/02] 10/21/02 65 MINUTE ORDER of 10/21/02 by Hon. William J. Hibbler : Plainitff's motion to enforce subpoena [64-1] is granted as stated in open court. If the 26(a)(2) report exists, defendants to tender it to plaintiff forthwith. No notice (nf) [Entry date 11/13/02] 10/22/02 -- SCHEDULE set on 10/22/02 by Hon. William J. Hibbler : Jury trial held and continued to 10:30 10/23/02 . In court notice (jc) [Entry date 10/23/02] 10/23/02 -- SCHEDULE set on 10/23/02 by Hon. William J. Hibbler : Jury trial held and continued to 10:30 10/24/02 . In court notice (jc) [Entry date 10/24/02] 10/23/02 68 MINUTE ORDER of 10/23/02 by Hon. William J. Hibbler: Plaintiff's oral motion for a mistrial is denied for the reasons stated in open court. No notice (nf) [Entry date 11/15/02] 10/24/02 -- SCHEDULE set on 10/24/02 by Hon. William J. Hibbler : Jury trial held and continued to 10:00 10/25/02 . In court notice (jc) [Entry date 10/24/02] 10/25/02 -- SCHEDULE set on 10/25/02 by Hon. William J. Hibbler : Jury trial held and continued to 10:00 10/28/02 . In court notice (jc) [Entry date 10/25/02] 10/28/02 -- SCHEDULE set on 10/28/02 by Hon. William J. Hibbler : Jury trial reset to 10:30 10/30/02 . Telephonic notice (jc) [Entry date 10/28/02] 10/30/02 69 MINUTE ORDER of 10/30/02 by Hon. William J. Hibbler : Jury trial held. Plaintiff's oral motion for the U.S. Marshal to serve Dr. Yohanna is denied. Plaintiff's oral motion to strike defendants from using digital photograph of plaintiff is denied for the reasons stated in open court. Jury deliberation began. No notice (nf) [Entry date 11/15/02] 11/1/02 71 JURY INSTRUCTIONS submitted. (nf) [Entry date 11/21/02] 11/1/02 72 VERDICT (nf) [Entry date 11/21/02] 11/1/02 73 MINUTE ORDER of 11/1/02 by Hon. William J. Hibbler : Jury returns its verdict in favor of plaintiff and against defendants in the amount of $15,000.00 compensatory damages; $500,000.00 punitive damages against defendant Durst and $1,500,00.00 puniive damages against defendant Prusank. Judgment to be entered by Judge Hibbler. Status hearing set for 11/26/02 at 9:30 a.m. Telephoned notice (nf) [Entry date 11/21/02] 11/1/02 74 JURY NOTES filed (RESTRICTED). (nf) [Entry date 11/22/02] 11/8/02 66 MOTION by plaintiff for entry of judgment; Notice (nf) [Entry date 11/14/02] 11/13/02 67 MINUTE ORDER of 11/13/02 by Hon. Joan H. Lefkow : Plaintiff's motion for entry of judgment [66-1] is continued to 11/26/02 at 9:30 a.m. before Judge William J. Hibbler. Response is to be filed by 11/15/02. Mailed notice (nf) [Entry date 11/14/02] 11/14/02 70 RESPONSE by defendants Michael Prusank, Daniel Durst to plaintiff's emergency motion for entry of judgment [66-1]; Notice. (nf) [Entry date 11/15/02] 11/25/02 75 MOTION by plaintiff for entry of judgment; Notice (nf) [Entry date 12/05/02] 12/3/02 76 MINUTE ORDER of 12/3/02 by Hon. William J. Hibbler : Plaintiff's motion for entry of judgment [75-1] is taken under advisement. Defendants to respond to the motion with any arguments as to the proper amount of the judgment to be entered, if any by 12/13/02. Plaintiffs' reply brief due 12/27/02. Ruling by mail. Mailed notice (nf) [Entry date 12/05/02] 12/13/02 77 OBJECTIONS by defendants to the jury's verdict for punitive and comensatory damages before entry of judgment (Attachments); Notice. (nf) [Entry date 12/17/02] 12/27/02 78 MOTION by plaintiff for leave to file oversized brief instanter (Attachments); Notice (nf) [Entry date 01/10/03] 1/9/03 79 MINUTE ORDER of 1/9/03 by Hon. William J. Hibbler : Plaintiff's motion for leave to file oversized brief instanter is granted [78-1]. Mailed notice (nf) [Entry date 01/10/03] 2/3/03 80 REPLY by defendants in support of its objections to the jury's verdict for punitive and compensatory damages before entry of judgment [72-1] (Attachments); Notice. (nf) [Entry date 02/04/03] 2/4/03 81 REPLY by plaintiff in support of entry of judgment [75-1], [66-1] with Response (Attachments); Notice. (nf) [Entry date 02/05/03] 2/4/03 81 RESPONSE by plaintiff to defendants' objections [77-1] with Reply (Attachments); Notice. (nf) [Entry date 02/05/03] 2/27/03 82 TRANSCRIPT of proceedings for the following date(s): 10/30/02 Before Honorable William J. Hibbler (nf) [Entry date 02/28/03] 6/4/03 83 MINUTE ORDER of 6/4/03 by Hon. William J. Hibbler : Plaintiff's motion for entry of judgment [75-1], [66-1] is granted in part and denied in part. Judgment is entered in the amount of $15,000.00 in compensatory damages against defendants. The Court proposes that the jury's puunitive damages verdict of $500,000.00 against defendant Durst and $1,500,000.00 against defendant Prusank should be reduced to $20,000.00 against defendant Durst and $25,000.00 against defendant Prusank. Plaintiff shall file a pleading by 06/24/03 in which he either accepts or rejects the proposed remititur. If plaintiff rejects the proposed remittitur, the Court will order a new trial on the issue of punitive damages. If plaitniff accepts the proposed remittitur, the Court shall enter judgment in accordance with this order. Entered Memorandum Opinion and Order. Notice mailed by judge's staff (nf) [Entry date 06/06/03] Case Flags: NOLAN END OF DOCKET: 1:01cv4010