Ezell et al., v. City of Chicago

RESPONSE

N.D. Ill.April 5, 2014

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION RHONDA EZELL, JOSEPH I. BROWN, ) WILLIAM HESPEN, ACTION TARGET, INC., ) SECOND AMENDMENT FOUNDATION, INC., ) and ILLINOIS STATE RIFLE ASSOCIATION, ) ) Plaintiffs, ) Case No.: 10 CV 5135 ) v. ) ) CITY OF CHICAGO, ) ) Defendant. ) PLAINTIFFS’ RESPONSE TO DEFENDANT’S LOCAL RULE 56.1(B)(3)(C) STATEMENT OF ADDITIONAL FACTS NOW COME the Plaintiffs, RHONDA EZELL, JOSEPH I. BROWN, WILLIAM HESPEN, ACTION TARGET, INC., SECOND AMENDMENT FOUNDATION, INC. and ILLINOIS STATE RIFLE ASSOCIATION, by and through undersigned counsel, and in Response to Defendant’s Local Rule 56.1(B)(3)(C) Statement of Additional Facts, states as follows: 1-71. Plaintiffs incorporate their Answers to the corresponding Statement in Defendant’s original Statement of Facts, as if fully restated herein. 72. Admit in part, but deny in that Krimbel testified her presumptions are based on the speculations that nighttime is more dangerous than daytime, and that guns are involved in crimes, but she has not seen any studies. Krimbel Dep. p.146, ln.11 - p.147, ln.17. 73. Admit his testimony, but Fahlstrom also said he would consider materials that concluded wet cleaning and sloped floors and floor drains were hazards (Fahlstrom Dep. p.39, ln.14 - p.41, ln.3), and the NRA Range Sourcebook did not update this change until its 2012 Case: 1:10-cv-05135 Document #: 264 Filed: 04/05/14 Page 1 of 3 PageID #:7349 edition. There were no NRA Range Sourcebook updates between 1998 and 2012 (Giordano Dep. p.235, lns. 5-13), though the NRA’s opinion regarding the use of floor drains and wet- cleaning had changed a number of years before that (Id., p.235, ln.13 - p.236, ln.6). 74. Admit in part and deny in part, as Lieutenant Johnson implied that he may have heard about any such incidents, had they occurred, through the “grapevine.” (Johnson Dep. p.46, ln.15 - p.47, ln.9.) Respectfully submitted, /s/ David G. Sigale One of the Attorneys for Plaintiff Alan Gura (Admitted pro hac vice) David G. Sigale (Atty. ID# 6238103) Gura & Possessky, PLLC Law Firm of David G. Sigale, P.C. 105 Oronoco Street, Suite 305 739 Roosevelt Road, Suite 304 Alexandria, VA 22314 Glen Ellyn, IL 60137 703.835.9085/Fax 703.997.7665 630.452.4547/Fax 630.596.4445 alan@gurapossessky.com dsigale@sigalelaw.com Case: 1:10-cv-05135 Document #: 264 Filed: 04/05/14 Page 2 of 3 PageID #:7350 CERTIFICATE OF ATTORNEY AND NOTICE OF ELECTRONIC FILING The undersigned certifies that: 1. On April 5, 2014, the foregoing document was electronically filed with the District Court Clerk via CM/ECF filing system; 2. Pursuant to F.R.Civ.P. 5, the undersigned certifies that, to his best information and belief, there are no non-CM/ECF participants in this matter. /s/ David G. Sigale One of the Attorney for Plaintiffs Alan Gura (Admitted pro hac vice) David G. Sigale (Atty. ID# 6238103) Gura & Possessky, PLLC Law Firm of David G. Sigale, P.C. 105 Oronoco Street, Suite 305 739 Roosevelt Road, Suite 304 Alexandria, VA 22314 Glen Ellyn, IL 60137 703.835.9085/Fax 703.997.7665 630.452.4547/Fax 630.596.4445 alan@gurapossessky.com dsigale@sigalelaw.com Case: 1:10-cv-05135 Document #: 264 Filed: 04/05/14 Page 3 of 3 PageID #:7351