Judge cuts deposition limit in U-46 bias case

The two sides in the lawsuit accusing Elgin Area School District U-46 of discrimination now may take no more than 35 depositions each, a federal judge ruled Tuesday.

The ruling came during a status hearing at the Dirksen Federal Building in Chicago before Magistrate Judge Michael T. Mason.

Lawyers representing both U-46 and the Elgin families suing the district appeared before Mason to "check in."

The two parties are in the midst of interviewing, or taking depositions from, a number of key potential witnesses in the case.

Civil law permits 10 such depositions to be taken by each party. Each additional deposition must be cleared by the court.

Lawyers from Futterman and Howard, the Chicago firm representing the Elgin families, this spring had requested permission to conduct 88 depositions.

In April, Mason granted each side permission to take up to 40 depositions.

The district plans to take significantly fewer than the 35 depositions allowed.

"In the interest of fairness," Mason wrote, "defendant is allowed the same number of depositions as the plaintiffs."

According to a June 27 filing, Franczek Sullivan lawyers have deposed 12 individuals, including the main plaintiffs in the case.

Lawyers from Futterman and Howard had taken 14 depositions as of Tuesday. These include Channing Elementary Principal Luis Cabrera, Special Education Director Pamela Harris, Bilingual Coordinator Gina Crespo and Director of Transportation Andy Martin.

The depositions of several more district administrators, including Larkin Principal Richard Webb and Executive Director of Operations Jeff King, are scheduled to be taken in the coming weeks.

All depositions must be completed by Oct. 1, Mason said.

Filed in February 2005, the lawsuit claims U-46 violated the rights of black and Hispanic students by placing them in older, more crowded schools; busing them farther and more often than white students; and providing them inferior opportunities.