Pursuant to Rule 15(a) of the Federal Rules of Civil Procedure, a plaintiff may
amend the complaint once as a matter of course at any time before a responsive
pleading is served. As Outlook has neither answered the complaint nor objected to the
filing of the amended complaint, Krawcezyszyn’s request to file instanter the First
Amended Complaint attached to her response to the motion to dismiss is granted.
Furthermore, upon review of the First Amended Complaint, we conclude that the
arguments in Defendant’s motion to dismiss are now moot and deny the motion for that
reason.

CONCLUSION

For the foregoing reasons, the motion to dismiss is denied. Plaintiff is granted

leave to file the First Amended Complaint attached to Plaintiff's Response to

Defendant’s Motion to Dismiss.

CR Dee f Cerca

Charles P. Kocoras
United States District Judge

Dated: _June 7, 2001

GGKOCORASIOICO739


-

6, 2001.

al w

(Doc 5-1) to dismiss is denied. Plaintiff is granted leave to file the First Amended Complaint attached
to Plaintiff's Response to Defendant’s Motion to Dismiss. All discovery to be completed by September

[For further detail see order attached to the original minute order.]

_—, Minute Order Form (0697)
United States District Court, Northern District of Illinois
N: if Assigned Jud; Sitting Judge if Other
or Magistrate Judge Charles P. Kocoras than Assigned Judge
CASE NUMBER 01 C739 DATE 6/7/2001
CASE Krawezyszyn vs. Outlook Technologies, Inc.
TITLE
Un 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. ]
DOCKET ENTRY:
qd) oO Filed motion of { use listing in “Motion” box above.]
(2) Oo Brief in support of motion due
@) 0 Answer brief to motion due. . Reply to answer brief due. :
(4) Qo Ruling/Hearing on setfor_ at
(5) a Status hearing set for 9/6/2001 at 9:30 A.M..
(6) a Pretrial conference set for 6/26/2001 at 10:00 A.M..
(7) oO Trial[set for/re-set for] on at
(8) a [Bench/Jury trial] [Hearing} held/continued to at
(9) Qa This case is dismissed [with/without] prejudice and without costs[by/agreement/pursuant to]
CUFRCP4(m) General Rule21 OC FRCP41(a)(1) Ci FRCP41(a)(2).
qo) = [Other docket entry] Ruling held. ENTER MEMORANDUM OPINION: Defendant’s motion

No notices required.

Mait AO 450 form.

No notices required, advised in open court.

Notices mailed by judge’s staff.
Notified counsel by telephone.

v | Docketing to mail notices.

magistrate judge.

umber of notices

JUN 11 200

Ff docketed

‘deputy initials

courtroom date mailed notice

deputy’s
initials

Date/time received in

central Clerk's Office mailing deputy initials



UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION
JILL KRAWCZYSZYN, )
Plaintiff, }

“ No. 01 C 0739

OUTLOOK TECHNOLOGIES, INC., }
Defendant. }

MEMORANDUM OPINION DAeveren

MUN 14 2001

CHARLES P. KOCORAS, District Judge:
This matter is before the Court on Defendant’s Rule 12(b)(6) motion to dismiss
the complaint. For the reasons set forth below, the motion is denied, and Plaintiff's

request for leave to file the First Amended Complaint is granted.

DISCUSSION
On a Rule 12(b)(6) motion to dismiss, we are obligated to accept as true the

well-pleaded allegations of the complaint. Bontkowski v. First National Bank of

Cicero, 998 F.2d 459, 461 (7th Cir. 1993). On April 17, 2000, Plaintiff Jill

Krawezyszyn was hired by Defendant Outlook Technologies, Inc. (“Outlook”) as the
company’s Vice President of Sales and Strategy. The terms and conditions of her

employment and compensation were set forth in an April 17, 2000 letter agreement (the


te i

“Agreement”) signed by both Krawczyszyn and Anthony Saineghi, Outlook’s Chief
Financial Officer. The Agreement, which is attached to the proposed First Amended
Complaint as Exhibit A, provided that Krawezyszyn’s salary would include a base
salary plus commissions and a “Stock Option Bonus for Sales.” The Agreement
further provided that Krawezyszyn would be eligible to patticipate in Outlook’s
medical, dental, and 401K plans.

On November 9, 2000, Outlook terminated Krawezyszyn’s employment.
Krawezyszyn claims that following her termination, Outlook failed to timely provide
her with information that would have enabled her to make informed decisions about
COBRA health coverage or the exercise of her stock options. She also claims that
Outlook owes her compensation for fifteen vacation days she did not take and
commissions she earned but did not receive. Krawezyszyn therefore filed this action
against Outlook, alleging violations of ERISA and the Illinois Wage Payment and
Collection Act.

On April 2, 2001, Outlook moved pursuant to Rule 12(b)(6) of the Federal Rules
of Civil Procedure to dismiss the complaint. Krawezyszyn has responded by
requesting leave to file an amended complaint which, she claims, addresses the issues
raised in the motion to dismiss. Outlook has not replied or otherwise objected to the

filing of the amended complaint.