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Avery v. Sabbia

Case Date: 12/01/1998
Court: 1st District Appellate
Docket No: 1-97-4166



Avery v. Sabbia, No.1-97-4166

1st Dist. 12-1-98



SECOND DIVISION

DECEMBER 1, 1998



1-97-4166

DONALD AVERY, PATRICK WATTS,and QUINTIN WILKERSON,

Plaintiffs,

v.

MICHELLE A. SABBIA,

Defendant-Appellant,

(David P. Calimag,

Movant-Appellee).

APPEAL FROM THE

CIRCUIT COURT OF

COOK COUNTY,

ILLINOIS

No. 95-M1-304978

THE HONORABLE

RONALD F.BARTKOWICZ,

JUDGE PRESIDING.

JUSTICE COUSINS delivered the opinion of the court:

Plaintiffs (who are not a party to this appeal) filed a negligence action against defendant,Michelle Sabbia, for injuries resulting from an automobile accident. After discovery was closed,the trial court granted defendant's motion to reopen discovery for the limited purpose of deposingplaintiffs' treating physicians, including Dr. David P. Calimag. Thereafter, Dr. Calimag made amotion for a full protective order of his discovery deposition taken May 3, 1997, which wasgranted until further order of court. On appeal, defendant contends that: (1) the trial court abusedits discretion in sealing Dr. Calimag's deposition transcript as no legal basis existed for the trialcourt's order; and (2) this matter should have been considered by the United States District Courtbefore which an action under the Racketeer Influenced and Corrupt Organizations (RICO) Act(18 U.S.C.