The employer moved for summary judgment. Sheikh's response to the motion - filed by his counsel - did not respond directly to the employer's proposed facts. The District Court denied Sheikh's request to file a pro se response to the employer's proposed findings of fact, and granted the employer's motion.
The Seventh Circuit affirmed, holding that the denial of the additional response was proper as: (1) it was late and (2) Sheikh was represented by counsel at the time the "pro se" response was requested. The Seventh Circuit noted that while the District Court erred in entering an order when plaintiff was acting pro se stating that no further extensions to respond to the motion would be granted for any reason, Sheikh could not establish prejudice.