Opinion
No. 99 C 7913
July 10, 2001
MEMORANDUM ORDER
In certain respects, this 42 U.S.C. § 1983 ("Section 1983") action by Kristine Holian ("Holian") against Village of Holiday Hills ("Village") and its one-time police officer Troy Hetz ("Hetz") has long since been placed on the back burner because of the pending criminal charges against Hetz arising out of the same incident on which Holian sues. Now, after a substantial number of delays in the setting of Hetz' criminal trial, a bench trial has produced a guilty verdict on July 5 on charges (1) of intimidating Holian into having sex with him on the hood of his squad car in exchange for not giving her a speeding ticket and (2) official misconduct.
This action has previously been set for a next status hearing at 9 a.m. July 24, 2001, and that date remains in effect. But in the meantime:
1. Hetz' counsel are ordered to amend his Answer to Holian's First Amended Complaint by a filing on or before July 20, 2001, to conform the existing Answer to the matters that he is bound to admit by reason of that conviction.
2. All parties should immediately discuss the scheduling of Hetz' deposition (which has previously been deferred because of Hetz' Fifth Amendment concerns), in order that they may report on July 24 on that and all other aspects of scheduling, looking to a trial of this action at the earliest feasible date.