Abubakar v. Chicago State University :: Illinois Northern District Court :: Federal Civil Lawsuit No. 1:23-cv-05099, Judge Nancy L. Maldonado presiding

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55	Filed: 9/30/2023, Entered: 9/30/2023	entered judgment
	ENTERED JUDGMENT Signed by the Courtroom Deputy on 9/30/2023.(ca, )


54	Filed: 9/30/2023, Entered: 9/30/2023	Memorandum Opinion and Order
	MEMORANDUM Opinion and Order Signed by the Honorable Nancy L. Maldonado on 9/30/2023.(ca, )


53	Filed: 9/30/2023, Entered: 9/30/2023	text entry
	MINUTE entry before the Honorable Nancy L. Maldonado: For the reasons stated in the Court's accompanying Memorandum Opinion and Order, the Court overrules President Tinubu's objections [44] and adopts Judge Gilbert's recommended decision [40] in full. The Court therefore grants Mr. Abubakar's application under 28 U.S.C. § 1782. [1]. In reaching this conclusion, the Court emphasizes that it is expressing no view on the merits of Mr. Abubakar's underlying claims regarding President Tinubu or his graduation from CSU, or on the validity of the Nigerian election. Nor is the Court taking any position on what any of the documents or testimony from CSU may or may not ultimately show. The Court simply finds, on the narrow question before it, that Mr. Abubakar is entitled to the production of documents and testimony that he seeks from CSU. Respondent CSU is directed to produce all relevant and non-privileged documents in response to Requests for Production Nos. 1 through 4 (as narrowed by Judge Gilbert and adopted by the District Court in its opinion) in Mr. Abubakar's subpoena, by 12:00 p.m. (noon) CDT, on Monday, October 2, 2023. The Rule 30(b)(6) deposition of CSU's corporate designee must be completed by 5:00 p.m. CDT on Tuesday, October 3, 2023. Given the October 5, 2023 filing deadline before the Supreme Court of Nigeria, the Court will not extend or modify these deadlines. Further, the Court notes that at the recent emergency hearing, the possibility of a stay pending an appeal to the Seventh Circuit Court of Appeals was raised. The Court cautions President Tinubu that any request for a stay before this Court will be denied, as the Court finds any stay impracticable in light of the fast approaching Supreme Court of Nigeria deadlines. President Tinubu is, of course, free to request a stay directly from the Seventh Circuit should he file any appeal. Judgment is entered in favor of Atiku Abubakar. (ca, )


52	Filed: 9/29/2023, Entered: 9/29/2023	text entry
	MINUTE entry before the Honorable Nancy L. Maldonado: Briefing on Intervenor's objections to Judge Gilbert's order [40] is now complete. The Court will endeavor to issue a written ruling as soon as possible. Separately, the Court notes that Court staff has received extensive email communications from members of the public related to this case. The Court understands the significant public interest in this dispute, but the Court will not consider any third-party or ex parte submissions. Rather, the Court's review will be limited to the parties' briefing and the official record on the docket. (ca, )


51	Filed: 9/29/2023, Entered: 9/29/2023	transcript
	TRANSCRIPT OF PROCEEDINGS held on 09/21/23 before the Honorable Nancy L. Maldonado. Court Reporter Contact Information: Jennifer Costales, CRR, RMR, CRC jenny.uscra@yahoo.com (312)435-5895. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 10/20/2023. Redacted Transcript Deadline set for 10/30/2023. Release of Transcript Restriction set for 12/28/2023. (Costales, Jennifer)
	Request

50	Filed: 9/28/2023, Entered: 9/28/2023	reply
	REPLY by Intervenor Bola A Tinubu to other[45] (Opposition to Objections) (Carmichael, Christopher)


49	Filed: 9/28/2023, Entered: 9/28/2023	Order on Motion to appear pro hac vice
	MINUTE entry before the Honorable Nancy L. Maldonado: Motions for leave to appear pro hac vice by Tamer Mallat [46], Taylor Jaszewski [47] and Tooba Hussain 48] are granted. (ca, )


48	Filed: 9/27/2023, Entered: 9/27/2023, Terminated: 9/28/2023	Motion to Appear Pro Hac Vice
	MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-21156334. Presented before Magistrate Judge (Hussain, Tooba)


47	Filed: 9/27/2023, Entered: 9/27/2023, Terminated: 9/28/2023	Motion to Appear Pro Hac Vice
	MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-21156326. Presented before Magistrate Judge (Jaszewski, Taylor)


46	Filed: 9/27/2023, Entered: 9/27/2023, Terminated: 9/28/2023	Motion to Appear Pro Hac Vice
	MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-21156315. Presented before Magistrate Judge (Mallat, Tamer)


45	Filed: 9/27/2023, Entered: 9/27/2023	other
	Opposition to Intervenor's Objections to Magistrate Judge Gilbert's Memorandum Opinion and Order by Atiku Abubakar (Liu, Angela)


44	Filed: 9/25/2023, Entered: 9/25/2023	Objections
	OBJECTIONS Intervenor's Objections to the Magistrate Judge's Ruling on Application for Discovery (Attachments: # (1) Exhibit, # (2) Exhibit)(Carmichael, Christopher) Attachment 1 Exhibit Attachment 2 Exhibit


43	Filed: 9/21/2023, Entered: 9/21/2023	order on motion for miscellaneous relief
	MINUTE entry before the Honorable Nancy L. Maldonado: Motion hearing held via WebEx video conference. For the reasons stated on the record, the Court grants in part Intervenor's motion [41]. The Court stays all deadlines in Magistrate Judge Gilbert's Order [40] pending this Court's ruling on Intervenor's forthcoming objections pursuant to Fed. R. Civ. P. 72. As to Intervenor's arguments regarding the appropriate standard of review for Magistrate Judge Gilbert's Order, the Court will decide that issue when ruling on Intervenor's forthcoming objections. As discussed on the record, Intervenor will file his Objections by 9:00 a.m. Central time on 9/25/23. Petitioner may respond by 11:59 p.m. Central time on 9/27/23. Intervenor may file a reply by 11:59 p.m. Central time on 9/28/23. Notices mailed. (psm, )


42	Filed: 9/21/2023, Entered: 9/21/2023	set/reset hearings
	MINUTE entry before the Honorable Nancy L. Maldonado: The Court will hear arguments on Intervenor's Emergency Motion [41] on 9/21/23 at 3:00 p.m. Central Time via WebEx video conference. The dial in number for the public is 650-479-3207; Access code : 23091556364. The parties will receive a Webex invitation by email. (ca, )


41	Filed: 9/21/2023, Entered: 9/21/2023, Terminated: 9/21/2023	Motion for Miscellaneous Relief
	MOTION by Intervenor Bola A TinubuEmergency Motion to Delay a Dispositive Ruling Issued by the Magistrate Presented before District Judge (Carmichael, Christopher)


40	Filed: 9/19/2023, Entered: 9/19/2023	Memorandum Opinion and Order
	MEMORANDUM Opinion and Order: For all of the reasons discussed in the attached Memorandum Opinion and Order, Atiku Abubakar's Application Pursuant to 28 U.S.C. § 1782 for an Order Directing Discovery from Chicago State University for Use in a Foreign Proceeding [1] is granted. Respondent CSU shall produce all relevant and non-privileged documents in response to Requests for Production Nos. 1 through 4 (as narrowed by the Court) in Applicant's subpoena within two days of the entry of this Memorandum Opinion and Order. The Rule 30(b)(6) deposition of Respondent's corporate designee shall proceed within two days of the production of documents. The parties can modify the dates set by the Court by mutual agreement. Given the tight time frame under which the parties are operating, the deposition can, if necessary, occur on a non-weekday. Signed by the Honorable Jeffrey T. Gilbert on 9/19/2023. Mailed notice (ber, )


39	Filed: 9/13/2023, Entered: 9/13/2023	Exhibit
	EXHIBIT by Petitioner Atiku Abubakar Revised Exhibit 4 regarding reply[22] (Liu, Angela)


38	Filed: 9/13/2023, Entered: 9/13/2023	Exhibit
	EXHIBIT by Petitioner Atiku Abubakar Revised Exhibit 3 regarding reply[22] (Liu, Angela)


37	Filed: 9/12/2023, Entered: 9/13/2023	terminate hearings
	MINUTE entry before the Honorable Jeffrey T. Gilbert: Hearing held on 9/12/23. Atiku Abubakar's Application Pursuant to 28 U.S.C. § 1782 For An Order Directing Discovery From Chicago State University For Use in a Foreign Proceeding [1] is taken under advisement for the reasons stated on the record. Mailed notice (ber, )


36	Filed: 9/12/2023, Entered: 9/12/2023	attorney appearance
	ATTORNEY Appearance for Intervenor Bola A Tinubu by Colin Quinn Commito (Commito, Colin)


35	Filed: 9/12/2023, Entered: 9/12/2023	terminate hearings
	MINUTE entry before the Honorable Jeffrey T. Gilbert: At the request of all counsel, the hearing set for 9/12/23 is reset to 1:30 p.m. This is a change in time only. Out of town counsel may appear at the hearing by using the following number: Dial 650-479-3207, access code 180 946 2499#. Press # to bypass the Attendee ID number. Mailed notice (ber, )


34	Filed: 9/11/2023, Entered: 9/11/2023	Exhibit
	EXHIBIT by Intervenor Bola A Tinubu regarding Response[33] (Carmichael, Christopher)


33	Filed: 9/11/2023, Entered: 9/11/2023	Response
	RESPONSE by Intervenor Bola A Tinubu to reply[22] Sur-Response to Reply (Carmichael, Christopher)


32	Filed: 9/11/2023, Entered: 9/11/2023	Response
	RESPONSE by Respondent Chicago State University to terminate hearings,,,,, set/reset hearings,,,, [26] (Respondent Chicago State University's Response to Court Order Dated September 8, 2023) (Hayes, Michael)


31	Filed: 9/11/2023, Entered: 9/11/2023	terminate hearings
	MINUTE entry before the Honorable Jeffrey T. Gilbert: The Court received an email from the offices of Henderson Parks, counsel for Intervenor Tinubu, asking that tomorrow's hearing in this case be stricken and moved to 9/13/23. The Court docketed that email on the CM/ECF system [30]. Construing that email as a motion, the motion is denied. The email was not copied to any other counsel of record nor was it filed of record. Nor does it appear that any other counsel of record was consulted about moving tomorrow's hearing. For the avoidance of doubt, no counsel (or counsel's staff; the Henderson Parks email was not authored by a lawyer) should email the court without copying all other counsel of record in this case. In addition, court action always should be requested by motion, not by email. In any event, the Court cannot accommodate a hearing on 9/13/23 in this matter. At the Court's instance, however, the hearing set for 9/12/23 is reset to 2:30 p.m. in an attempt to accommodate Intervenor's counsel's schedule. This is a change in time only. The Court has some questions for the parties about the materials filed in support of and in opposition to the Application including materials filed today. The Court either will hear the Applicant's sur-reply to Intervenor Tinubu's Sur-Response [27-1] [27-2] filed today, or set a date for a written sur-reply to the sur-response. Out of town counsel may appear at the hearing on 9/12/23 by using the following number: Dial 650-479-3207, access code 180 946 2499#. Press # to bypass the Attendee ID number. Mailed notice (ber, )


30	Filed: 9/11/2023, Entered: 9/11/2023	Letter
	EMAIL from the offices of Henderson Parks, counsel for Intervenor Tinubu, dated 9/11/23. (ber, )


29	Filed: 9/11/2023, Entered: 9/11/2023	Order on Motion For Leave to File.
	MINUTE entry before the Honorable Jeffrey T. Gilbert: Intervenor Bola A. Tinubu's Motion for Leave to File Sur-Response [27] is granted. Intervenor shall file the sur-response and exhibits attached as ECF Nos. 27-1 and 27-2 as separate CM/ECF docket entries. Mailed notice (ber, )


28	Filed: 9/11/2023, Entered: 9/11/2023	Response to motion
	RESPONSE by Atiku Abubakar to MOTION by Intervenor Bola A Tinubu for leave to file sur-response Presented before Magistrate Judge [27] (Liu, Angela)


27	Filed: 9/11/2023, Entered: 9/11/2023, Terminated: 9/11/2023	Motion for Leave to File
	MOTION by Intervenor Bola A Tinubu for leave to file sur-response Presented before Magistrate Judge (Attachments: # (1) Exhibit Sur-Response in Opposition to Reply, # (2) Exhibit Exhibit 9 - 9-6-23 Judgment)(Carmichael, Christopher)


26	Filed: 9/8/2023, Entered: 9/8/2023	terminate hearings
	MINUTE entry before the Honorable Jeffrey T. Gilbert: Upon further reflection, in light of the exigent circumstances presented by the Application [1] and to account for the possibility of any appeal of the Court's ruling, the Court modifies its Order [25] as follows: If Respondent Chicago State University objects to the scope of Petitioner Abubakar's subpoenas for documents and for a deposition under Federal Rule of Civil Procedure 30(b)(6), as originally issued [1-1] [1-2] or as modified [22-1] [22-3], it should file any objections by 5:00 p.m. on 9/11/23 rather than reserve those objections until a later date. See Respondent Chicago State University's Response to Application 20 at 2. This matter is set for hearing in-person on 9/12/23 at 1:30 p.m. in Courtroom 1386. If out of town counsel want to appear by telephone, they should contact the Court's courtroom deputy. The Court's preference, however, is for counsel who will be speaking at the hearing to appear in person. Mailed notice (ber, ) Modified on 9/8/2023 (ber, ). (Main Document 26 replaced on 9/8/2023) (ber, ).


25	Filed: 9/8/2023, Entered: 9/8/2023	set/reset hearings
	MINUTE entry before the Honorable Jeffrey T. Gilbert: If Respondent Chicago State University objects to the scope of Petitioner Abubakar's subpoenas for documents and for a deposition under Federal Rule of Civil Procedure 30(b)(6), as originally issued [1-1] [1-2] or as modified [22-1] 22-3], it should do so by 12:00 p.m. (noon) on 9/12/23 rather than reserve those objections. See Respondent Chicago State University's Response to Application [20] at 2. This matter is set for hearing in-person at 10:00 a.m. on 9/15/23 in Courtroom 1386. Mailed notice (ber, )


24	Filed: 9/6/2023, Entered: 9/6/2023	Declaration
	DECLARATION of Ahmed Tijjani Uwais (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G)(Liu, Angela)


23	Filed: 9/6/2023, Entered: 9/6/2023	Declaration
	DECLARATION of Angela M. Liu in Support of the Application Pursuant to 28 U.S.C. § 1782 for an Order to Take Discovery from Chicago State University (Second) (Attachments: # (1) Exhibit P, # (2) Exhibit Q, # (3) Exhibit R)(Liu, Angela)


22	Filed: 9/6/2023, Entered: 9/6/2023	reply
	REPLY by Petitioner Atiku Abubakar to Response[21], Response[20] in Further Support of His Application Pursuant to 28 U.S.C. § 1782 (Attachments: # (1) Exhibit 3, # (2) Exhibit 4)(Liu, Angela)


21	Filed: 8/23/2023, Entered: 8/23/2023	Response
	RESPONSE by Intervenor Bola A Tinubu to memorandum[4] and Application to Issue Discovery (Attachments: # (1) Exhibit 1-8)(Carmichael, Christopher) Attachment 1 Exhibit 1-8


20	Filed: 8/23/2023, Entered: 8/23/2023	Response
	RESPONSE by Respondent Chicago State University to memorandum[4] to Application Pursuant to 28 U.S.C. Section 1782 (Hayes, Michael)


19	Filed: 8/23/2023, Entered: 8/23/2023	attorney appearance
	ATTORNEY Appearance for Respondent Chicago State University by Michael D Hayes (Hayes, Michael)


18	Filed: 8/16/2023, Entered: 8/16/2023	Order on Motion to appear pro hac vice
	MINUTE entry before the Honorable Nancy L. Maldonado: Motions for leave to appear pro hac vice by Andrew Levander [8], Alexandre de Gramont [9] and Oluwole Afolabi [17] are granted. (ca, )


17	Filed: 8/14/2023, Entered: 8/14/2023, Terminated: 8/16/2023	Motion to Appear Pro Hac Vice
	MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20928282. 014114 Presented before Magistrate Judge (AFOLABI, OLUWOLE)


16	Filed: 8/14/2023, Entered: 8/14/2023	fee payment of pro hac vice application
	PAYMENT by Bola A Tinubu of Pro Hac Fee $ 150, receipt number AILNDC-20928225. (AFOLABI, OLUWOLE)


15	Filed: 8/9/2023, Entered: 8/9/2023	text entry
	MINUTE entry before the Honorable Jeffrey T. Gilbert: This case has been referred to Magistrate Judge Gilbert for the purposes of holding proceedings related to the Application Pursuant to 28 U.S.C. § 1782 For An Order Directing Discovery From Chicago State University For Use in a Foreign Proceeding [1]. The Court sets the following briefing schedule on the Application [1]: Reponses to the Application shall be filed by 8/23/23. Replies shall be filed by 9/6/23. Mailed notice (ber, )


14	Filed: 8/7/2023, Entered: 8/7/2023	Order on motion to intervene
	MINUTE entry before the Honorable Nancy L. Maldonado: The Court grants Intervenor Bola A Tinubu's unopposed motion to intervene or join this action [10] for the reasons stated in Tinubu's motion. In briefing the motion to intervene, the parties proposed a schedule for Tinubu to file a response to the Application and for Abubakar to reply. In light of the referral of the Application to Magistrate Judge Gilbert, this Court defers to Judge Gilbert to set a briefing schedule. (ca, )


13	Filed: 8/4/2023, Entered: 8/4/2023	Response to motion
	RESPONSE by Atiku Abubakar to MOTION by Intervenor Bola A Tinubu to intervene or to join Presented before District Judge [10] (Attachments: # (1) Declaration of Angela M. Liu, # (2) Exhibit A, # (3) Exhibit B)(Liu, Angela)


12	Filed: 8/3/2023, Entered: 8/3/2023	attorney appearance
	ATTORNEY Appearance for Intervenor Bola A Tinubu by Victor P. Henderson (Henderson, Victor)


11	Filed: 8/3/2023, Entered: 8/3/2023	attorney appearance
	ATTORNEY Appearance for Intervenor Bola A Tinubu by Christopher W Carmichael (Carmichael, Christopher)


10	Filed: 8/3/2023, Entered: 8/3/2023, Terminated: 8/7/2023	Motion to Intervene
	MOTION by Intervenor Bola A Tinubu to intervene or to join Presented before District Judge (Carmichael, Christopher)


9	Filed: 8/3/2023, Entered: 8/3/2023, Terminated: 8/16/2023	Motion to Appear Pro Hac Vice
	MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20895600. Presented before Magistrate Judge (de Gramont, Alexandre)


8	Filed: 8/3/2023, Entered: 8/3/2023, Terminated: 8/16/2023	Motion to Appear Pro Hac Vice
	MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20895104. Presented before Magistrate Judge (Levander, Andrew)


7	Filed: 8/3/2023, Entered: 8/3/2023	Expedited referral to magistrate judge
	Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Jeffrey T. Gilbert for the purpose of holding proceedings related to the Application pursuant to 28 U.S.C. § 1782 for an order directing discovery from Chicago State University for use in a foreign proceeding [1]. (ca, )


6	Filed: 8/3/2023, Entered: 8/3/2023	text entry
	MINUTE entry before the Honorable Nancy L. Maldonado: Application pursuant to 28 U.S.C. § 1782 for an order directing discovery from Chicago State University for use in a foreign proceeding [1] is referred to Magistrate Judge Gilbert. (ca, )


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	Filed: None, Entered: None	Clerks Notice
	CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached Consent To form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (mek)


	Filed: None, Entered: None	case assigned
	CASE ASSIGNED to the Honorable Nancy L. Maldonado. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (mek)


5	Filed: 8/2/2023, Entered: 8/2/2023	Declaration
	DECLARATION of Angela Liu regarding miscellaneous case, [1] in Support of Application Pursuant to 28 U.S.C. § 1782 for an Order Directing Discovery from Chicago State University for Use in a Foreign Proceeding (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O)(Liu, Angela)


4	Filed: 8/2/2023, Entered: 8/2/2023	MEMORANDUM
	MEMORANDUM miscellaneous case, [1] by Atiku Abubakar (Application Pursuant to 28 U.S.C. § 1782 for an Order Directing Discovery from Chicago State University for Use in a Foreign Proceeding Filing) (Liu, Angela)


3	Filed: 8/2/2023, Entered: 8/2/2023	attorney appearance
	ATTORNEY Appearance for Petitioner Atiku Abubakar by Angela M. Liu (Liu, Angela)


2	Filed: 8/2/2023, Entered: 8/2/2023	Civil Cover Sheet
	CIVIL Cover Sheet (Liu, Angela)


1	Filed: 8/2/2023, Entered: 8/2/2023	miscellaneous case
	MISCELLANEOUS CASE by Atiku Abubakar Application Pursuant to 28 U.S.C. § 1782 for an Order Directing Discovery from Chicago State University for Use in a Foreign Proceeding Filing fee $ 49, receipt number AILNDC-20892822. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Text of Proposed Order)(Liu, Angela)