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IN THE UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION 

ALHIX OYOQUE, individually and on behalf of 

all others similarly situated, 

 Plaintiff, 

 v. 

DEPAUL UNIVERSITY and BOARD OF 

TRUSTEES OF DEPAUL UNIVERSITY, 

 Defendants. 

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Case No. 1:20-cv-3431 

Judge: Hon. Matthew Kennelly 

STATUS REPORT 

Plaintiff Alhix Oyoque respectfully submits this Status Report as required by the Court’s 

August 7, 2020 minute order (Dkt. No. 3). The telephonic status hearing is scheduled for 

September 2, 2020 at 8:50 a.m. 

A. Status of Service 

Plaintiff has not yet served the complaint in this matter in light of his current intent, as 

discussed below, to file a consolidated amended complaint. Defendant DePaul University 

(“DePaul”) has agreed to waive service of the amended complaint, when filed. The Board of 

Trustees of DePaul University will not be included as a defendant in the consolidated amended 

complaint that Plaintiff anticipates filing in this action in the near future. 

B. Description of the Claims and Defenses 

Plaintiff Oyoque was an undergraduate student at DePaul in the Winter 2020 and Spring 

2020 Quarters when the COVID-19 pandemic hit. On March 11, 2020, DePaul suspended all inperson final exams for the Winter 2020 Quarter and cancelled all in-person classes for the Spring 

Case: 1:20-cv-03431 Document #: 4 Filed: 08/25/20 Page 1 of 3 PageID #:29
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2020 Quarter. For the remainder of the Winter 2020 Quarter and the entirety of the Spring 2020 

Quarter, classes that continued were only offered in an online format, with no in-person 

instruction. Thus, DePaul has not held any in-person classes since March 11, 2020. Despite this, 

DePaul has not refunded any tuition or fees to its students. Plaintiff asserts claims for breach of 

contract, unjust enrichment, and conversion. DePaul has not responded to the complaint, but has 

indicated that it intends to file a motion to dismiss. 

Enrique Chavez and Emma Sheikh filed a related action against DePaul entitled Chavez 

v. DePaul University on May 12, 2020. Plaintiffs’ counsel in this case and the Chavez case have 

met and conferred and agreed to work together on these cases. The Chavez Plaintiffs recently 

voluntarily dismissed their case with the intention of joining this case. Plaintiffs Oyoque, 

Chavez and Sheikh anticipate filing a consolidated amended complaint on or before September 

8, 2020. 

C. Settlement Discussions 

To date, the parties have not engaged in any settlement discussions. 

D. Proposed Schedule 

As indicated above, Plaintiffs anticipate filing a consolidated amended complaint on or 

before September 8, 2020. The parties have agreed, subject to the Court’s approval, to the 

following schedule for Defendant’s motion to dismiss: (1) Defendant’s motion will be due on 

October 20, 2020; (2) Plaintiffs’ response to the motion to dismiss will be due on November 20, 

2020; and (3) Defendant’s reply in support of its motion will be due on December 11, 2020. 

The parties request that the Court set the remainder of the case schedule after the decision 

on Defendant’s motion to dismiss. 

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Dated: August 25, 2020 By: /s/ Carl V. Malmstrom 

 Carl V. Malmstrom 

 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 

BURSOR & FISHER, P.A. 

L. Timothy Fisher (pro hac vice app. forthcoming) 

Neal J. Deckant (pro hac vice app. forthcoming) 

1990 North California Blvd., Suite 940 

Walnut Creek, CA 94596 

Telephone: (925) 300-4455 

Facsimile: (925) 407-2700 

Email: ltfisher@bursor.com 

ndeckant@bursor.com 

 

BURSOR & FISHER, P.A. 

Sarah N. Westcot (pro hac vice app. forthcoming)

701 Brickell Ave, Suite 1420 

Miami, FL 33131 

Telephone: (305) 330-5512 

Facsimile: (305) 676-9006 

Email: swestcot@bursor.com

Attorneys for Plaintiff 

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