Opinion
20-cv-07913-NC
08-05-2022
RICHARD STORMS, Plaintiff, v. COUNTY OF MONTEREY, Defendant.
ORDER TO SHOW CAUSE WHY DEFENDANT SHOULD NOT BE JUDICIALLY ESTOPPED FROM CONTRADICTING ITS PREVIOUS CONCESSIONS
NATHANAEL M. COUSINS UNITED STATES MAGISTRATE JUDGE
In its Opposition to Plaintiff's Motion for Partial Summary Judgment, Defendant conceded that: (1) Plaintiff was qualified for his job, with or without accommodation, during all relevant periods of time, and (2) the April 26, 2019, Formal Notice of Discipline is an adverse employment action. From the pretrial filings, it appears that Defendant intends to relitigate these issues. But “[t]ruth is not a weather vane. It does not veer when the winds of self-interest change.” Dep't of Transp. v. Coe, 112 Ill.App.3d 506, 507 (Ill. Ct. App. 1983). Accordingly, Defendant is ORDERED to show cause, in court on August 8, 2022, why it should not be judicially estopped from presenting evidence and arguments contrary to its previous concessions.
IT IS SO ORDERED.