No. 22-180

Matthew Stanek, et al. v. St. Charles Community Unit School District No. 303 Board of Education, et al.

Lower Court: Seventh Circuit
Docketed: 2022-08-29
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: ada ada-compliance civil-rights collateral-bar-rule constitutional-challenges deposition-discrimination discovery due-process equal-access law-office-accessibility sanctions
Key Terms:
SocialSecurity DueProcess FirstAmendment
Latest Conference: 2023-01-06 (distributed 2 times)
Question Presented (from Petition)

1. Whether a law office is subject to the non-dis
crimination requirements of the Title III of the
Americans with Disabilities Act, 42 U.S.C. §§ 12181
et seq., (the "ADA ") when it conducts a deposition of
"any" qualified individual with a disability under the
statute;

2. Whether the earlier statute, Federal Rule 26
that covers a more generalized spectrum and broad
universe of potential litigants, trumps a later statute
of Title III of ADA that covers a narrow, precise, and
specific subject and protects a particularized group of
litigants.

3. Whether appellate courts can impose the
collateral bar rule on appeal from the sanction with
dismissal under Federal Rule 3 7(b)(2) (A) (v) without
an order of civil or criminal contempt and prohibit a
party from challenging the validity of the discovery
order and whether such order could withstand con
stitutional challenges of the First, Fifth, Seventh, and
Eighth Amendment rights;

4. Whether Magistrate 's discovery order was
transparently invalid and whether petitioners should
be permitted to defend the Rule 37 sanction on these
and other grounds stated in this petition.

Question Presented (AI Summary)

Whether a law office is subject to the non-discrimination requirements of the Title III of the Americans with Disabilities Act

Docket Entries

2023-01-09
Rehearing DENIED.
2022-12-21
DISTRIBUTED for Conference of 1/6/2023.
2022-11-25
2022-10-31
Petition DENIED.
2022-10-05
DISTRIBUTED for Conference of 10/28/2022.
2022-09-14
Waiver of right of respondent St. Charles Community Unit School District 303 Board of Education, St. Charles Community Unit School District 303, Donald Schlomann, Kimberly Zupec, John Knewitz, Beth Jones, Korie Bowers, Kathryn Zimmer, Shannon Von Essen, Justin Dohm, Bethany Herrera, C to respond filed.
2022-09-01
Waiver of right of respondent Illinois State Board of Education to respond filed.
2022-06-15
Petition for a writ of certiorari filed. (Response due September 28, 2022)

Attorneys

Illinois State Board of Education
Christopher M.R. Turner — Respondent
Matthew Stanek, et al.
Matthew Stanek — Petitioner
St. Charles Community Unit School District 303 Board of Education, St. Charles Community Unit School District 303, Donald Schlomann, Kimberly Zupec, John Knewitz, Beth Jones, Korie Bowers, Kathryn Zimmer, Shannon Von Essen, Justin Dohm, Bethany Herrera, C
Pamela Elizabeth SimagaHodges, Loizzi, Eisenhammer, Rodick & Kohn LLP, Respondent