J

+
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*— Minit Order Form (06097)

United States District Court, Northern District of Illinois

(9

Name of Assigned Judge James B. Moran Sitting Judge if Other
or Magistrate Judge . than Assigned Judge
CASE NUMBER 01 C 8892 DATE 5/3/2002
CASE Andre Hunter etc. Vs. City of Waukegan ete. et al.
TITLE
[in the following box (a) indicate the party filing the motion, e.g., plaintiff, defendant, 3rd party plaintiff, and (b) state briefly the nature
MOTION: of the motion being presented]

Memorandum Opinion and Order

DOCKET ENTRY:
() im Filed motion of [ use listing in “Motion” box above.]
(2) o Brief in support of motion due
(3) im) Answer brief to motion due___. Reply to answer brief due___.
(4) ag Ruling/Hearing on setfor at.
(5) a Status hearing[held/continued to] [set for/re-set for] on setfor_____at
(6) Oo Pretrial conference[held/continued to] [set for/re-set for} on setfor__ ss at__.
(7) oO Trial[set for/re-set for]on__at
(8) a [Bench/Jury trial] [Hearing] held/continued to__at
(9) o This case is dismissed [with/without] prejudice and without costs[by/agreement/pursuant to]
COFRCP4(m) OGeneral Rule21 CFRCP41(a)(1) [ FRCP41(a)(2).
do == [Other docket entry] Enter Memorandum Opinion and Order. The motion to dismiss, based on the
two-year statute of limitations is granted. Defendant’s motion t strike the response is denied as moot.
(1) [For further detail see order attached to the original minute order.] :

No notices required, advised in open court.

No notices required.

Notices mailed by judge’s staff,

Notified counsel by telephone.

vw | Docketing to mail notices.

v | Mail AO 450 form.

Copy to judge/magistrate judge.

date mailed notice
courtroom

deputy’s
initials

WAH ae ee
f eee

* "Date/time received in
central Clerk’s Office

railing deputy initials



IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION
ANDRE HUNGER, President, )
Dependable Health Service Corporation, ) MAY 6 - 2002
Individual and corporate capacity, etc, )
Plaintiff,
vs. No. 01 C 8892 o
ww 7

CITY OF WAUKEGAN, Municipal
Corporation, Waukegan Police
Department, Scott Burelson, Police Chief
Jerry Havel, Police Sargent Tom
Suczwinski, Four unknown Waukegan
Police Officers, etc.,

weve

Defendants.

MEMORANDUM OPINION AND ORDER

Plaintiffs’ allege that Hunter’s home and office were illegally searched on August 10,
1999, during which he was the victim of an assault and battery. He also alleges that he was
falsely arrested and imprisoned at the time. The misconduct resulted in negligent and
intentional infliction of emotional distress and an invasion of privacy. The complaint was filed
November 16, 2001.

Defendants move to dismiss because the case was filed more than two years after the
alleged events and for other reasons. Plaintiff Hunter (but not the corporation) responded

with a 50-page brief, together with exhibits of about the same volume, Defendants now move

‘The complaint, but not the caption, states that Andre Hunter and his corporation, Dependable
Health Service Corporation, are plaintiffs. Count I appears to allege claims by both. The other counts
appear to allege claims only by Hunter. If the corporation is a party it must be represented by counsel. It
cannot appear pro se.

\

9


No. 01 C 8892 Page 2

to strike the response, pointing out, correctly, that it violates Local Rule 7.1, which places a 15-
page limitation on briefs unless the court has allowed more.

But we choose not to strike it, as defendants do not need to reply. The response
describes a whole litany of woes arising after August 10, 1999, None of those, however, is
alleged in the complaint, which focuses solely on the events of August 10, 1999, and the
immediate aftermath, all more than two years before filing of the complaint. The motion to
dismiss, based on the two-year statute of limitations, is granted. If plaintiff or plaintiffs have
timely claims he or they wish to litigate, the route to take is another lawsuit, with pleadings,
we might add, that conform to the Federal Rules of Civil Procedure and our local rules. But
this lawsuit is untimely.

fe pean R. Moan.

¢ \ JAMES B, MORAN
ior Judge, U. S. District Court

Hox 3, 2002.