IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

ALHIX OYOQUE, ENRIQUE

CHAVEZ, and EMMA SHEIKH, 

individually and on behalf of all others 

similarly situated,

Plaintiffs,

v.

DEPAUL UNIVERSITY,

Defendant.

Case No. 1:20-cv-3431

Judge: Matthew Kennelly

Magistrate: M. David Weisman

NOTICE OF APPEAL

NOTICE IS HEREBY GIVEN that Enrique Chavez and Emma Sheikh, plaintiffs in the 

above-named case, hereby appeal to the United States Court of Appeals for the Seventh Circuit 

from the Judgment entered in the action on the May 7, 2021 (ECF No. 39) dismissing plaintiffs’ 

claims pursuant to Fed. R. Civ. P. 12(b).

Case: 1:20-cv-03431 Document #: 43 Filed: 06/08/21 Page 1 of 22 PageID #:3082
Dated: June 7, 2021 Respectfully submitted:

BERGER MONTAGUE PC

/s/ Ellen T. Noteware

Ellen T. Noteware

Shanon J. Carson

Richard D. Schwartz

1818 Market Street, Suite 3600

Philadelphia, PA 19103

Tel: (215) 875-3000

Fax: (215) 875-4604

enoteware@bm.net

scarson@bm.net

rschwartz@bm.net

E. Michelle Drake

Joseph Hashmall

BERGER MONTAGUE PC

Minneapolis, MN

Tel: (215) 875-3000

Fax: (215) 875-4604

emdrake@bm.net

jhashmall@bm.net

WOLF HALDENSTEIN ADLER

FREEMAN & HERZ LLC

Carl V. Malmstrom

111 W. Jackson Blvd., Suite 1700

Chicago, IL 60604

Telephone: (312) 984-0000

Email: malmstrom@whafh.com

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CERTIFICATE OF SERVICE

The undersigned certifies that on June 7, 2021, she caused the foregoing NOTICE OF

APPEAL to be electronically filed with the Clerk of the United States District Court for the 

Northern District of Illinois, using the Court’s CM/ECF system, which shall send notification of 

such filing to all counsel of record. 

/s/ Ellen T. Noteware____________

Ellen T. Noteware

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IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

ALHIX OYOQUE, ENRIQUE CHAVEZ, 

and EMMA SHEIKH, individually and on 

behalf of all others similarly situated,

Plaintiffs,

v.

DEPAUL UNIVERSITY,

Defendant.

Case No. 1:20-cv-3431

Judge: Matthew Kennelly

Magistrate: M. David Weisman

CIRCUIT RULE 3(c) DOCKETING STATEMENT

1. District Court Jurisdiction

On September 8, 2020, plaintiffs Enrique Chavez and Emma Sheikh filed a First

Amended Complaint class action complaint (District Court ECF No. 10). Plaintiffs Enrique 

Chavez and Emma Sheikh are natural persons and citizens of the State of Illinois. Defendant 

DePaul University is an Illinois not-for-profit corporation. The District Court has original 

jurisdiction under 28 U.S.C. § 1332(d)(2)(A), as modified by the Class Action Fairness Act of 

2005, because at least one Class member is of diverse citizenship from the Defendant, there are 

more than 100 Class members, and the aggregate amount in controversy exceeds $5,000,000, 

exclusive of interest, and costs. 

2. Appellate Court Jurisdiction

28 U.S.C. § 1291 and 28 U.S.C. § 1294 confer jurisdiction over this appeal on the United

States Court of Appeals for the Seventh Circuit. Judgment was entered by the District Court on 

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May 7, 2021 (District Court ECF No. 39). Plaintiffs’ Notice of Appeal was timely filed with 

the District Court on June 7, 2021. This is a civil appeal as a matter of right pursuant to Federal 

Rule of Appellate Procedure 3(a) and Circuit Rule 3(a). 

3. Prior or Related appeals.

There are no prior or related appeals.

Dated: June 7, 2021 Respectfully submitted,

BERGER MONTAGUE PC

/s/ Ellen T. Noteware

Ellen T. Noteware

Shanon J. Carson

Richard D. Schwartz

1818 Market Street, Suite 3600

Philadelphia, PA 19103

Tel: (215) 875-3000

Fax: (215) 875-4604

enoteware@bm.net

scarson@bm.net

rschwartz@bm.net

E. Michelle Drake

Joseph Hashmall

BERGER MONTAGUE PC

Minneapolis, MN

Tel: (215) 875-3000

Fax: (215) 875-4604

emdrake@bm.net

jhashmall@bm.net

WOLF HALDENSTEIN ADLER

FREEMAN & HERZ LLC

Carl V. Malmstrom

111 W. Jackson Blvd., Suite 1700

Chicago, IL 60604

Telephone: (312) 984-0000

Email: malmstrom@whafh.com

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CERTIFICATE OF SERVICE

The undersigned hereby certifies that the foregoing document was electronically filed 

with the Clerk of the Court using the CM/ECF system and has been served upon each of the 

parties who has appeared via the Court’s Electronic Case Management System on June 7, 2021. 

/s/ Ellen T. Noteware

Ellen T. Noteware

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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

ALHIX OYOQUE, ENRIQUE CHAVEZ, and )

EMMA SHEIKH, individually and on behalf )

of all others similarly situated, )

)

Plaintiffs, )

) Case No. 20 C 3431

vs. )

)

DEPAUL UNIVERSITY, )

)

Defendant. )

MEMORANDUM OPINION AND ORDER

MATTHEW F. KENNELLY, District Judge:

On February 21, 2021, the Court dismissed the plaintiffs' amended complaint for 

failure to state a claim under Federal Rule of Civil Procedure Rule 12(b)(6). See 

Oyoque v. DePaul Univ., ___ F. Supp 3d. ___, 2021 WL 679231, at *1 (N.D. Ill. 2021). 

The plaintiffs were given leave to amend again and now have moved to file a second 

amended complaint. For the reasons stated below, the Court denies that motion and 

directs the Clerk to enter judgment in favor of the defendant.

Discussion1

"[C]ourts in their sound discretion may deny a proposed amendment if . . . the 

proposed [re]pleading is futile." Soltys v. Costello, 520 F.3d 737, 743 (7th Cir. 2008). 

An amendment is futile "only if it appears to a certainty that [the] plaintiff cannot state a 

1 The factual background was summarized in the Court's prior opinion, and the Court 

assumes familiarity with those facts. See Oyoque, 2021 WL 679231, at *1–2.

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2

claim." Barry Aviation Inc. v. Land O'Lakes Mun. Airport Comm'n, 377 F.3d 682, 687 

(7th Cir. 2004); see also Garcia v. City of Chicago, 24 F.3d 966, 970 (7th Cir. 1994) 

("[F]utile repleadings include restating the same facts using different language, 

reasserting claims previously determined, failing to state a valid theory of liability, and 

the inability to survive a motion to dismiss." (citations omitted)).

A complaint must "state a claim for relief that is plausible on its face." Doe v. 

Columbia Coll. Chicago, 933 F.3d 849, 854 (7th Cir. 2019) (internal quotation marks 

omitted). A claim is plausible on its face "when the plaintiff pleads factual content that 

allows the court to draw the reasonable inference that the defendant is liable for the 

misconduct alleged." Bissessur v. Indiana Univ. Bd. of Trustees, 581 F.3d 599, 602 (7th 

Cir. 2009) (internal quotation marks omitted). "Threadbare recitals of the elements of a 

cause of action, supported by mere conclusory statements, do not suffice." Ashcroft v. 

Iqbal, 556 U.S. 662, 678 (2009).

A. Breach of contract (Count 1)

In Illinois, a plaintiff claiming breach of contract must allege: "(1) the existence of 

a valid and enforceable contract; (2) substantial performance by the plaintiff; (3) a 

breach by the defendant; and (4) resultant damages." Sevugan v. Direct Energy Servs.,

LLC, 931 F.3d 610, 614 (7th Cir. 2019) (internal quotation marks omitted). To state a 

claim for breach of contract in this context, the plaintiffs "must do more than simply 

allege that the education was not good enough." Ross v. Creighton Univ., 957 F.2d 

410, 416–17 (7th Cir. 1992). Instead, they "must point to an identifiable contractual 

promise that the [educational institution] failed to honor." Id. at 417; see also Charleston 

v. Bd. of Trs. of Univ. of Ill. at Chicago, 741 F.3d 769, 773 (7th Cir. 2013) ("[T]he 

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3

student's complaint must be specific about the source of [the] . . . contract, the exact 

promises the university made to the student, and the promises the student made in 

return.").

The plaintiffs' first amended complaint failed because "none of the facts alleged 

by the plaintiffs amount[ed] to a concrete contractual promise to provide in-person 

educational services, experiences, or opportunities." Oyoque, 2021 WL 679231, at *5. 

In its prior opinion, the Court explained to the plaintiffs what they would have to do to 

avoid this pitfall in any further amended complaint. Unfortunately, the plaintiffs have not 

hit the mark. The result is that their proposed second amended complaint is hobbled by 

the same defects as their first amended complaint. 

For example, the Court previously conveyed that, as a matter of law, promotional 

materials cannot be included among the terms of the contract between universities and 

their students. See id. at *5 (citing Galligan v. Adtalem Glob. Educ. Inc., No. 17 C 6310, 

2019 WL 423356, at *6 (N.D. Ill. Feb. 4, 2019)). Even with that reminder, throughout 

the proposed amended complaint the plaintiffs repeatedly cite to promotional portions of 

DePaul's website to attempt to show that DePaul made a concrete promise to provide 

an in-person education. See, e.g., 2d Am. Compl. ¶¶ 9–12, 21–22, 31, 47–48, 50–51, 

54, 59–61, 65–67; Exs. 1–4, 6, 8–10, 13–31. These citations, therefore, are as 

unavailing as the plaintiffs' earlier citations to DePaul's marketing materials. See 

Oyoque, 2021 WL 679231, at *5; see also Miller v. Lewis Univ., No. 20 C 5473, 2021 

WL 1379488, at *3 (N.D. Ill. Apr. 11, 2021) (Kennelly, J). Moreover, even if these 

promotional materials could be considered, the statements in them are not "concrete 

promises that could comprise part of a contract between student and university." See 

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4

Galligan, 2019 WL 423356, at *6. Instead, the statements are unenforceable 

expectations. See Oyoque, 2021 WL 679231, at *5.

Similarly, the Court explained that although a university's "catalogues, bulletins,

circulars, and regulations . . . made available to the matriculant may become a part of 

the contract," only those documents' "specific promises become part of the contract, not 

[their] expressions of intention, hope or desire." See id. at *3–4 (alterations accepted)

(internal quotation marks omitted). Yet many of the plaintiffs' new citations to language 

in "the University Catalog and other publications" share the same problem as their 

citations in the prior amended complaint. See 2d Am. Compl. ¶ 46. Even if viewed in 

the light most favorable to the plaintiffs, the newly cited language is either aspirational, 

intended simply to inform students of resources and amenities available to them, or a 

combination of both. See Oyoque, 2021 WL 679231, at *4; see, e.g., 2d Am. Compl. ¶¶ 

20, 31, 44–46, 49–58. Neither of these types of statements amounts to evidence of a 

contractually enforceable promise to provide an in-person education.

The proposed complaint's other allegations don’t fare any better. Regarding 

plaintiff Alhix Oyoque,2 the proposed amended complaint alleges that she was promised 

that her three Spring 2020 classes would be held in person, on DePaul's campus. See 

id. ¶¶ 13–15. This promise was purportedly made in DePaul's academic catalog. See 

id. This too is variation on a previous allegation that the Court found insufficient, and it 

likewise has not been improved upon. The cited language from the catalog does not 

contain any promise that the classes Oyoque was enrolled in would be held in-person or 

2 Because a class has not been certified, the Court does not address many of the 

course descriptions included in the "Facts Common to All Causes of Action." See 2d 

Am. Compl. ¶¶ 68–71. 

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5

even on campus.3 See Oyoque, 2021 WL 679231, at *3; see 2d Am. Compl. ¶¶ 14–15.

Even if, as the plaintiffs suggest, DePaul provided a course schedule along with 

notations for assigned classroom spaces, such notations, without more, would have 

been "informative rather than promissory," and the plaintiffs "cannot transform such 

statements into a binding contract." See Miller, 2021 WL 1379488, at *5; see also 

Gociman v. Loyola Univ. of Chicago, No. 20 C 3116, 2021 WL 243573, at *4 (N.D. Ill. 

Jan. 25, 2021) (holding that parentheticals in a course catalog were not promises that 

courses for which students registered would be delivered on-campus).

Similarly, regarding plaintiff Enrique Chavez, the proposed complaint alleges that

he was enrolled in what he believed were three in-person classes. See 2d Am. Compl. 

¶¶ 23–26. Yet the cited language in Chavez's allegations does not include an express 

promise from DePaul that the classes would be conducted in person. See id. In fact, 

as described, each of the classes could have been held remotely or in person. See id. 

Chavez also claims that DePaul made a specific promise because a syllabus for a 

course he was enrolled in had physical classroom information. See id. ¶ 26. But that is

another example of an informative statement rather than a promissory one and, without 

more, that informative statement cannot be made into a binding contract. See Miller,

2021 WL 1379488, at *5; Abrams v. Illinois Coll. of Podiatric Med., 77 Ill. App. 3d 471, 

477, 395 N.E.2d 1061, 1065 (1979) (holding that a particular provision of the institution's 

student handbook was not a promise because "it was not communicated to the plaintiff 

3 The plaintiffs' citation to the 21-year-old BIO 250 syllabus is neither germane nor 

persuasive.

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6

in such a way as to invite the payment of tuition in reliance" and therefore "plaintiff did 

not have the power to transform [it] into a binding contractual obligation").

Plaintiff Emma Sheikh also alleges that she enrolled in four classes that DePaul 

promised to hold in person. See 2d Am. Compl. ¶¶ 32–36. But like the others, Sheikh's 

allegations do not include any definite promises to provide an in-person education. See 

id. The three courses that required either "fieldwork," "clinical hours," or "role-play," did

not promise in-person instruction, as experiential learning is not synonymous with inperson learning. See id. ¶¶ 33–34. Sheikh asserts that the fourth course—T&L 583 

(Field Experience Lab)—was meant to be in person because DePaul's catalog conveys

that part of students' experiences would be at "school sites." Id. ¶ 32. But the full 

course description undercuts that argument. The catalog describes T&L 583 as a:

field-based course [that] will facilitate pre-service teacher candidates' 

experiences working in elementary and middle school classrooms. This 

supervised field experience is an opportunity to apply content and 

pedagogical knowledge in authentic settings. Approximately 24 clock hours 

are scheduled at school sites and visible during registration though subject 

to modification based on changes in schools' schedules.

Doc. 31–2 at ECF p. 2272 of 2332 (emphasis added). Nothing in this course 

description can be interpreted as a concrete promise to provide an in-person education. 

In fact, every objective in this course could be achieved remotely. But even if "at school 

sites" was synonymous with "in person," the course description makes it crystal clear 

that schedules at school sites "are subject to modification." See id. Thus even if one 

assumes that "at school sites" means "in person," the "subject to modification" language 

makes "at school sites" an unenforceable expectation rather than a concrete promise. 

See Galligan, 2019 WL 423356, at *6.

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7

In short, like the first amended complaint, the proposed second amended 

complaint does not include "an identifiable contractual promise that the [educational 

institution] failed to honor." See Ross, 957 F.2d 410, 417. Consequently, count 1 fails 

to state a claim, would not survive a motion to dismiss, and therefore its repleading 

would be futile. See Garcia, 24 F.3d at 970.

2. Unjust enrichment (Count 2)

In its prior opinion, the Court dismissed the plaintiff's unjust enrichment claim 

because, under Illinois law, when an "unjust enrichment claim is premised on a failure to 

fulfill contractual terms . . . dismissal of the unjust enrichment claim is appropriate." See 

Oyoque, 2021 WL 679231, at *5. Undeterred, the plaintiffs have reasserted the unjust 

enrichment claim in their proposed second amended complaint, after making a few 

minor edits—namely removing the cross-reference to their contractual claims. In their 

reply brief, the plaintiffs note that they can point to "ample authority" to support their now 

twice-proffered argument that unjust enrichment can survive a motion to dismiss where 

the parties disagree as to whether a contract for in-person instruction exists. See Pl. 

Reply Br. at 9 (citing cases). But all the plaintiffs' cited authority involves non-Illinois 

law, so it does not carry the day for them. See id.

Under Illinois law, "a plaintiff may not acknowledge throughout her complaint that 

there is an express contract, but then allege that if the defendant did not breach the 

contract, then it owes damages for unjustly enriching itself." Miszczyszyn v. JPMorgan 

Chase Bank, N.A., No. 18 C 3633, 2019 WL 1254912, at *4 (N.D. Ill. Mar. 19, 2019)

(citing Cohen v. Am. Sec. Ins. Co., 735 F.3d 601, 615 (7th Cir. 2013)). That is exactly 

what the plaintiffs have done—again. It follows then that their unjust enrichment claim 

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8

must be dismissed for failure to state a claim. See Oyoque, 2021 WL 679231, at *5. As 

with the breach-of-contract claim, repleading here would be futile. See Garcia, 24 F.3d 

at 970.

Conclusion4

For the reasons stated above, the Court denies the plaintiff's motion to file a 

second amended complaint [docket no. 31] and directs the Clerk to enter judgment 

dismissing the case with prejudice. 

________________________________

MATTHEW F. KENNELLY

 United States District Judge

Date: May 7, 2021

4 In light of the points discussed in this opinion, the Court need not consider the parties'

additional arguments regarding DePaul's discretion to modify the format of classes;

failure to allege that its decision to transition to remote learning was arbitrary, 

capricious, or in bad faith; course of dealing or trade usage; or the plaintiff's allegations 

regarding fees.

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ILND 450 (Rev. 04/29/2016) Judgment in a Civil Action

IN THE UNITED STATES DISTRICT COURT

FOR THE 

NORTHERN DISTRICT OF ILLINOIS

Plaintiff(s), 

v. 

Defendant(s). 

Case No.

Judge 

JUDGMENT IN A CIVIL CASE

Judgment is hereby entered (check appropriate box):

in favor of plaintiff(s) 

and against defendant(s)

in the amount of $ 

which includes pre–judgment interest. 

 does not include pre–judgment interest.

Post-judgment interest accrues on that amount at the rate provided by law from the date of this judgment. 

Plaintiff(s) shall recover costs from defendant(s).

in favor of defendant(s) 

and against plaintiff(s) 

Defendant(s) shall recover costs from plaintiff(s).

other: 

This action was (check one): 

tried by a jury with Judge presiding, and the jury has rendered a verdict. 

tried by Judge without a jury and the above decision was reached. 

decided by Judge on a motion 

Date: Thomas G. Bruton, Clerk of Court

 , Deputy Clerk 

Case: 1:20-cv-03431 Document #: 43 Filed: 06/08/21 Page 15 of 22 PageID #:3096
APPEAL,TERMED,WEISMAN

United States District Court

Northern District of Illinois - CM/ECF LIVE, Ver 6.3.3 (Chicago)

CIVIL DOCKET FOR CASE #: 1:20-cv-03431

Internal Use Only

Oyoque v. DePaul University et al

Assigned to: Honorable Matthew F. Kennelly

Cause: 28:1332 Diversity-Breach of Contract

Date Filed: 06/11/2020

Date Terminated: 05/07/2021

Jury Demand: Both

Nature of Suit: 190 Contract: Other

Jurisdiction: Diversity

Plaintiff

Alhix Oyoque represented by Lawrence Timothy Fisher

Bursor & Fisher, P.a.

1990 N. California Blvd., Suite 940

Walnut Creek, CA 94596

(925) 300-4455

Email: ltfisher@bursor.com

ATTORNEY TO BE NOTICED

Neal J. Deckant

Bursor & Fisher, P.a.

1990 N. California Blvd., Suite 940

Walnut Creek, CA 94596

(925) 300-4455

Email: ndeckant@bursor.com

ATTORNEY TO BE NOTICED

Carl V. Malmstrom

Wolf Haldenstein Adler Freeman & Herz

LLC

111 W. Jackson St.

Suite 1700

Chicago, IL 60604

(312) 984-0000

Email: malmstrom@whafh.com

ATTORNEY TO BE NOTICED

Plaintiff

Enrique Chavez represented by Eleanor Michelle Drake

Berger Montague PC

1229 Tyler Street NE

Suite 205

Minneapolis, MN 55413

(612) 594-5999

Email: emdrake@bm.net

CM/ECF LIVE, Ver 6.3.3 - U.S. District Court, Northern Illinois https://ecf.ilnd.circ7.dcn/cgi-bin/DktRpt.pl?121775216590428-L_1_0-1

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LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Ellen Noteware

BERGER MONTAGUE

1818 Market Street, Suite 3600

Philadelphia, PA 19103

(215) 875-3000

Email: enoteware@bm.net

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Richard Daniel Schwartz

Berger Montague PC

1818 Market Street

Suite 3600

Philadelphia, PA 19103-6365

(215) 875-5818

Email: rschwartz@bm.net

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Carl V. Malmstrom

(See above for address)

ATTORNEY TO BE NOTICED

Plaintiff

Emma Sheikh represented by Eleanor Michelle Drake

(See above for address)

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Ellen Noteware

(See above for address)

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Richard Daniel Schwartz

(See above for address)

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Carl V. Malmstrom

(See above for address)

ATTORNEY TO BE NOTICED

V.

Defendant

CM/ECF LIVE, Ver 6.3.3 - U.S. District Court, Northern Illinois https://ecf.ilnd.circ7.dcn/cgi-bin/DktRpt.pl?121775216590428-L_1_0-1

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DePaul University represented by Daniel Michael Blouin

Winston & Strawn LLP

35 West Wacker Drive

Chicago, IL 60601-9703

(312) 558-5600

Email: dblouin@winston.com

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Jaime Renee Simon

Winston & Strawn Llp

35 West Wacker Drive

Chicago, IL 60601

(312) 558-6215

Email: jrsimon@winston.com

ATTORNEY TO BE NOTICED

Defendant

Board of Trustees of DePaul University

TERMINATED: 09/08/2020

Date Filed # Docket Text

06/11/2020 1 COMPLAINT (Class Action) filed by Alhix Oyoque; Jury Demand. Filing fee $

400, receipt number 0752-17101825. (Attachments: # 1 Civil Cover Sheet)

(Malmstrom, Carl) (Entered: 06/11/2020)

06/12/2020 CASE ASSIGNED to the Honorable Matthew F. Kennelly. Designated as

Magistrate Judge the Honorable M. David Weisman. Case assignment: Random

assignment. (Willis, Gia) (Entered: 06/12/2020)

06/12/2020 SUMMONS Issued as to Defendants Board of Trustees of DePaul University,

DePaul University. (ng, ) (Entered: 06/12/2020)

07/10/2020 2 ORDER Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS

COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R.

Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines

set in civil cases. No motions may be noticed for in-person presentment; the

presiding judge will notify parties of the need, if any, for a hearing by electronic

means or in-court proceeding. See attached Order. Signed by the Honorable

Rebecca R. Pallmeyer on 7/10/2020: Mailed notice. (Clerk10, Docket) (Entered:

07/10/2020)

08/07/2020 3 MINUTE entry before the Honorable Matthew F. Kennelly: By no later than

8/25/2020, the parties (or, if no defendant has yet appeared, the plaintiff(s)) are to

file a joint status report that includes the following information: (1) the status of

service of process upon each defendant; (2) a description of each party's claims

and defenses; (3) details regarding any discussions concerning settlement,

whether before or after the filing of the lawsuit; (4) a proposed discovery and

pretrial schedule; and (5) any other matters that any party wishes to bring to the

Court's attention. The case is set for a case management conference under

Federal Rule of Civil Procedure 16 (a "status hearing," in local parlance) on

CM/ECF LIVE, Ver 6.3.3 - U.S. District Court, Northern Illinois https://ecf.ilnd.circ7.dcn/cgi-bin/DktRpt.pl?121775216590428-L_1_0-1

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9/2/2020 at 8:50 a.m. The case management conference will be conducted by

telephone, using the following call-in number: 888-684-8852, access code

746-1053. Plaintiff's counsel is directed to provide a copy of this order to any

defendant that has not yet appeared by counsel via regular mail at the address at

which the defendant has been or is to be served with process. (mk) (Entered:

08/07/2020)

08/25/2020 4 STATUS Report by Alhix Oyoque (Malmstrom, Carl) (Entered: 08/25/2020)

09/02/2020 5 MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status

hearing held on 9/2/2020. Plaintiff has leave to file an amended complaint adding

the other plaintiff's by 9/8/2020. Defendant's motion to dismiss the complaint is

due 10/20/2020. Plaintiff's response to the motion to dismiss is due 11/20/2020;

defendant's reply is due 12/11/2020. A telephonic status hearing is set for

10/26/2020 at 9:00 a.m. The following call-in number will be used for the

hearing: 888-684-8852, access code 746-1053. Mailed notice. (mma, ) (Entered:

09/02/2020)

09/02/2020 6 ATTORNEY Appearance for Defendant DePaul University by Daniel Michael

Blouin (Blouin, Daniel) (Entered: 09/02/2020)

09/02/2020 7 ATTORNEY Appearance for Defendant DePaul University by Jaime Renee

Simon (Simon, Jaime) (Entered: 09/02/2020)

09/02/2020 8 ATTORNEY Appearance for Plaintiff Alhix Oyoque by Lawrence Timothy

Fisher (Fisher, Lawrence) (Entered: 09/02/2020)

09/02/2020 9 ATTORNEY Appearance for Plaintiff Alhix Oyoque by Neal J. Deckant

(Deckant, Neal) (Entered: 09/02/2020)

09/08/2020 10 First AMENDED complaint by Alhix Oyoque, Enrique Chavez, Emma Sheikh

against DePaul University and terminating Board of Trustees of DePaul

University (Malmstrom, Carl) (Entered: 09/08/2020)

09/21/2020 11 ATTORNEY Appearance for Plaintiffs Enrique Chavez, Emma Sheikh by

Richard Daniel Schwartz (Schwartz, Richard) (Entered: 09/21/2020)

09/21/2020 12 ATTORNEY Appearance for Plaintiffs Enrique Chavez, Emma Sheikh by Ellen

Noteware (Noteware, Ellen) (Entered: 09/21/2020)

09/21/2020 13 ATTORNEY Appearance for Plaintiffs Enrique Chavez, Emma Sheikh by

Eleanor Michelle Drake (Drake, Eleanor) (Entered: 09/21/2020)

10/18/2020 14 MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's

instance, the A telephonic status hearing set for 10/26/2020 is vacated and reset

to 10/27/2020 at 9:00 a.m. The following call-in number will be used for the

hearing: 888-684-8852, access code 746-1053. Counsel should wait for the case

to be called before announcing themselves. (mk) (Entered: 10/18/2020)

10/18/2020 15 MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing set

for 10/26/2020 is vacated. (mk) (Entered: 10/18/2020)

10/20/2020 16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant

DePaul University (Blouin, Daniel) (Entered: 10/20/2020)

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10/20/2020 17 MEMORANDUM by DePaul University in support of Motion to Dismiss for

Failure to State a Claim 16 (Attachments: # 1 Declaration of Jaime R. Simon, # 2

Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit

F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I)(Blouin, Daniel) (Entered:

10/20/2020)

10/27/2020 18 MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status

hearing held on 10/27/2020. A telephonic status hearing is set for 12/17/2020 at

9:20 a.m., to discuss whether oral argument is needed in regards to the motion to

dismiss. The following call-in number will be used for the hearing:

888-684-8852 conference code 746-1053. Mailed notice. (mma, ) (Entered:

10/27/2020)

11/20/2020 19 MEMORANDUM by Enrique Chavez, Alhix Oyoque, Emma Sheikh in

Opposition to Motion to Dismiss for Failure to State a Claim 16 (Schwartz,

Richard) (Entered: 11/20/2020)

12/01/2020 20 NOTICE by All Plaintiffs re memorandum in opposition to motion 19 :

Plaintiffs' Notice of Supplemental Authority (Attachments: # 1 Exhibit, # 2

Exhibit, # 3 Exhibit)(Noteware, Ellen) (Entered: 12/01/2020)

12/11/2020 21 REPLY by DePaul University to MOTION TO DISMISS FOR FAILURE TO

STATE A CLAIM by Defendant DePaul University 16 (Attachments: # 1 Exhibit

1-5)(Blouin, Daniel) (Entered: 12/11/2020)

12/17/2020 22 MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status

hearing held on 12/17/2020. Oral argument on the motion to dismiss is set for

1/15/2021 at 10:00 a.m. Each side will have fifteen minutes and the hearing will

be conducted by video. The Court will send out the video conference invitation

in advance of the hearing. By no later than 1/8/2021, the parties are to provide to

Judge Kennelly's courtroom deputy clerk the email addresses for the individuals

who will be participating in the hearing. Both sides have leave to file

supplemental authority by 1/5/2021. Mailed notice. (mma, ) (Entered:

12/17/2020)

01/05/2021 23 Notice of Supplemental Authority by DePaul University in Support of its Motion

to Dismiss Plaintiffs' First Amended Class Action Complaint (Attachments: # 1

Exhibit A)(Blouin, Daniel) (Entered: 01/05/2021)

01/05/2021 24 NOTICE by All Plaintiffs of Supplemental Authority in Support of Plaintiffs'

Opposition to Defendant's Motion to Dismiss (Attachments: # 1 Exhibit 1, # 2

Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Schwartz, Richard) (Entered: 01/05/2021)

01/14/2021 25 MINUTE entry before the Honorable Matthew F. Kennelly: Video motion

hearing scheduled for January 15, 2021 at 10:00 a.m. Members of the public and

media will be able to call in to listen to this hearing. The call-in number is (650)

479-3207 and the call-in ID is 1806011881##. Counsel of record will receive an

email invitation prior to the start of the video hearing with instructions to join the

video conference. Persons granted remote access to proceedings are reminded of

the general prohibition against photographing, recording, and rebroadcasting of

court proceedings. Violation of these prohibitions may result in sanctions,

including removal of court issued media credentials, restricted entry to future

hearings, denial of entry to future hearings, or any other sanctions deemed

necessary by the Court. Mailed notice. (mma, ) (Entered: 01/14/2021)

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01/15/2021 26 MINUTE entry before the Honorable Matthew F. Kennelly: Motion hearing held

by video on 1/15/2021. Defendant's motion to dismiss 16 is taken under

advisement. The Court will set a further status hearing at a later date. Mailed

notice. (mma, ) (Entered: 01/15/2021)

01/26/2021 27 MOTION by Defendant DePaul University for leave to file Supplemental

Authority (Attachments: # 1 Exhibit A)(Blouin, Daniel) (Entered: 01/26/2021)

01/27/2021 28 MINUTE entry before the Honorable Matthew F. Kennelly: Motion for cite

supplemental authority 27 is granted. (mk) (Entered: 01/27/2021)

01/28/2021 29 TRANSCRIPT OF PROCEEDINGS held on January 15, 2021 before the

Honorable Matthew F. Kennelly. Court Reporter Contact Information: Carolyn

Cox, Carolyn_Cox@ilnd.uscourts.gov. <P>IMPORTANT: The transcript may be

viewed at the court's public terminal or purchased through the Court

Reporter/Transcriber before the deadline for Release of Transcript Restriction.

After that date it may be obtained through the Court Reporter/Transcriber or

PACER. For further information on the redaction process, see the Court's web

site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the

Availability of Transcripts of Court Proceedings.</P> Redaction Request due

2/18/2021. Redacted Transcript Deadline set for 3/1/2021. Release of Transcript

Restriction set for 4/28/2021. (Cox, Carolyn) (Entered: 01/28/2021)

02/21/2021 30 MEMORANDUM OPINION AND ORDER signed by the Honorable Matthew

F. Kennelly on 2/21/2021: For the reasons stated in the accompanying

Memorandum Opinion and Order, the Court grants defendant's motion to dismiss

[docket no. 17]. Unless the plaintiffs submit by March 12, 2021 a proposed

complaint stating a viable claim over which this Court has jurisdiction, the Court

will enter judgment in favor of the defendant. The case is set for a telephone

status hearing on March 24, 2021 at 9:05 a.m. to set any necessary schedules for

further proceedings, using call-in number 888-684-8852, access code 746-1053.

Counsel should wait for the case to be called before announcing themselves.

(mk) (Entered: 02/21/2021)

03/12/2021 31 MOTION by Plaintiffs Enrique Chavez, Alhix Oyoque, Emma Sheikh to

amend/correct complaint to file Second Amended Class Action Complaint

(Attachments: # 1 Exhibit A (Proposed Amended Complaint - Part 1 of 3)), # 2

Exhibit A (Part 2 of 3), # 3 Exhibit A (Part 3 of 3))(Schwartz, Richard) (Entered:

03/12/2021)

03/13/2021 32 MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff is directed

to file by 3/18/2021 a supplement to its motion for leave to file a second

amended complaint including a summary, not to exceed 5 pages, of the material

differences between the proposed second amended complaint and the previous

version of plaintiff's complaint, and a redline comparison of the proposed second

amended complaint and the previous version. (mk) (Entered: 03/13/2021)

03/18/2021 33 MEMORANDUM by Enrique Chavez, Alhix Oyoque, Emma Sheikh in support

of motion to amend/correct, 31 complaint to file Second Amended Class Action

Complaint (Attachments: # 1 Exhibit (redline comparison of complaints))

(Schwartz, Richard) (Entered: 03/18/2021)

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03/24/2021 34 MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status

hearing held on 3/24/2021. Defendant has until 4/7/2021 to file an objection to

the plaintiff's motion to amend 31 ; plaintiff's reply is due 4/21/2021. Both the

defendant's objection and the plaintiff's reply are limited to 10 pages each. A

telephonic status and ruling on the motion hearings are set for 5/3/2021 at 9:15

a.m. The following call in number will be used for the hearing: 888-684-8852,

access code 746-1053. Mailed notice. (mma, ) (Entered: 03/24/2021)

04/07/2021 35 RESPONSE by DePaul Universityin Opposition to MOTION by Plaintiffs

Enrique Chavez, Alhix Oyoque, Emma Sheikh to amend/correct complaint to file

Second Amended Class Action Complaint 31 (Attachments: # 1 Exhibit

A)(Blouin, Daniel) (Entered: 04/07/2021)

04/21/2021 36 REPLY by Enrique Chavez, Alhix Oyoque, Emma Sheikh to response in

opposition to motion, 35 , MOTION by Plaintiffs Enrique Chavez, Alhix

Oyoque, Emma Sheikh to amend/correct complaint to file Second Amended

Class Action Complaint 31 (Schwartz, Richard) (Entered: 04/21/2021)

05/03/2021 37 MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic ruling on

a motion hearing held on 5/3/2021. The Court will issue a written ruling on the

plaintiffs' motion to amend/correct the complaint 31 . Mailed notice. (mma, )

(Entered: 05/03/2021)

05/07/2021 38 MEMORANDUM Opinion and Order: The Court denies the plaintiff's motion to

file a second amended complaint 31 and directs the Clerk to enter judgment

dismissing the case with prejudice. Civil case terminated. Signed by the

Honorable Matthew F. Kennelly on 5/7/2021. Mailed notice. (mma, ) (Entered:

05/07/2021)

05/07/2021 39 ENTERED JUDGMENT. Mailed notice. (mma, ) (Entered: 05/07/2021)

06/07/2021 40 NOTICE of appeal by Enrique Chavez, Emma Sheikh regarding orders 38 Filing

fee $ 505, receipt number 0752-18323948. Receipt number: n (Noteware, Ellen)

(Entered: 06/07/2021)

06/07/2021 41 DOCKETING Statement by Enrique Chavez, Emma Sheikh regarding notice of

appeal 40 (Noteware, Ellen) (Entered: 06/07/2021)

06/08/2021 42 NOTICE of Appeal Due letter sent to counsel of record regarding notice of

appeal 40 (bg, ) (Entered: 06/08/2021)

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