IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION

DARIUS WADE, 

 Plaintiff,

v.

JEANETTE THOMAS, DANIEL 

JOHNSON, MILTON PATCH, PROVISO 

TOWNSHIP and PROVISO TOWNSHIP 

209

 Defendants.

Case No. 12 CV 2276

JUDGE SHADUR

MOTION FOR LEAVE TO FILE A PROPOSED SECOND AMENDED 

COMPLAINT 

NOW COMES the PLAINTIFF, DENARD WADE, by and through Blake 

Horwitz, Esq., of the Blake Horwitz Law Firm, Ltd., and moves for reconsideration 

and/or for relief under Fed.R.Civ.Proc. 60(b) and/or for leave to file an amended 

complaint. In support of same, the Plaintiff states the following:

1. This Court dismissed this cause on June 26, 2012, allowing the state claims to be 

prosecuted in state court if the Plaintiff so desired. As this Court did not dismiss 

this cause with the level of finality that would permanently dispose of Plaintiff’s 

cause and given the existence of error, neglect or inadvertence Fed.R.Civ.Proc

60(b) as well as notions of judicial economy, Plaintiff moves for leave to file an 

amended complaint.

2. Judicial economy can serve as the cornerstone of a Rule 60(b) motion even where 

all other bases found within 60(b) fail. Gougler v. Sirius Prods., 370 F. Supp. 2d 

Case: 1:12-cv-02276 Document #: 25 Filed: 11/29/12 Page 1 of 3 PageID #:102
1185, 1189-1190 (S.D. Ala. 2005) [Allowing a Rule 60(b) motion based only on 

judicial economy after recognizing the Seventh Circuit’s focus on newly 

discovered evidence as an important basis for a Rule 60(b)].

3. In this instance, judicial economy “militate[s] in favor of addressing the merits of 

defendants' Motion to Reconsider”. Gougler, Id.

4. Plaintiff has secured new counsel. Upon review of the record and Defendants’ 

motion to dismiss, there was no basis for Plaintiff’s counsel, or this Court to 

determine that Plaintiff was absent other federal legal theories. New Plaintiff’s 

counsel seeks leave to file a proposed Second Amended Complaint which 

advances one federal legal theory, Equal Protection Class of One, based on the 

Willowbrook1 decision and its progeny. 

5. Apparently, at the last hearing of this matter, former Plaintiff’s counsel believed 

and/or this Court may have believed (perhaps with the absence of proper input 

from Plaintiff’s counsel) that an equal protection class of one theory was not 

viable in the context of the instant cause. Regardless, a claim of this sort is viable 

and Plaintiff seeks leave to amend in that regard. Plaintiff has withdrawn all 

potential federal claims except the equal protection claim and also lodged the state 

malicious prosecution claim as alleged prior.

6. The Seventh Circuit recently reversed a decision from the Northern District in 

Geinosky v. City of Chicago, et. al., 675 F.3d 743. Arguably, a change in the law

relative to the instant case could also substantiate a basis for this Rule 60(b) 

motion. The Geinosky court broadened the scope of the class of one theory so as 

 

1 Village of Willowbrook v. Olech, 528 U.S. 562, 564, 120 S. Ct. 1073, 145 L. Ed. 2d 1060 (2000).

Case: 1:12-cv-02276 Document #: 25 Filed: 11/29/12 Page 2 of 3 PageID #:103
to allow for a more expansive reading of similarly situated individuals at the 

complaint stage. Geinosky Id. at 748.

7. On June 27, 2012 (Dkt No. 24), this Court entered an order of dismissal, without 

prejudice to the re-assertion of state claims in state court. The Geinosky ruling ws 

entered on March 28, 2012. Plaintiff prays that new case precedent, judicial 

economy and/or inadvertence, neglect or error form the basis for the granting to 

Plaintiff leave to file an amended complaint.

8. Plaintiff also prays for leave to file the appearance of Blake Horwitz

WHEREFORE, Plaintiff prays that this Honorable Court grant Plaintiff’s motion and 

provide any other relief deemed just.

Respectfully submitted,

/s/ Blake Horwitz

Attorney for the Plaintiff

THE BLAKE HORWITZ LAW FIRM, LTD.

39 S. LaSalle St. Suite 1515

Chicago, Illinois 60603

Ph (312) 676-2100

Fax (312) 445-8741

Case: 1:12-cv-02276 Document #: 25 Filed: 11/29/12 Page 3 of 3 PageID #:104