IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION 

STEVEN BROOKS, DAVID CHAVEZ, and 

1540 N. MILWAUKEE LLC d/b/a DSTRKT 

BAR & GRILL, and on behalf of all others 

similarly situated, 

Plaintiffs, 

v. 

COMMONWEALTH EDISON COMPANY 

d/b/a ComEd and EXELON 

CORPORATION, 

Defendants. 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

)

Case No. 1:20-cv-04555 

Honorable Sharon Johnson Coleman

AGREED MOTION FOR EXTENSION OF TIME TO ANSWER, MOVE OR 

OTHERWISE PLEAD TO AMENDED COMPLAINT 

Defendants Commonwealth Edison Company (“ComEd”) and Exelon Corporation 

(“Exelon”), by and through their attorneys move for an extension of time until October 1, 2020 

to answer, move or otherwise plead to plaintiffs’ First Amended Class Action Complaint (the 

“Amended Complaint”) filed on August 27, 2020 (Dkt. 17). Counsel for plaintiffs have 

confirmed they agree to the requested extension. In support of the agreed motion, counsel for 

ComEd and Exelon state as follows: 

1. Plaintiffs filed their initial complaint in this action on August 3, 2020 (Dkt. 1). On 

August 13, 2020, before a waiver of service under Fed. R. Civ. Proc. 4(d) was executed in this 

matter, plaintiffs effected service of the initial complaint on ComEd and Exelon. Plaintiffs filed 

a return of service on August 19, 2020 (Dkt. 15 & 16). 

2. On August 27, 2020, before a responsive pleading was due to the initial 

complaint, plaintiffs filed the Amended Complaint (Dkt. 17). After the Amended Complaint 

was filed, counsel for ComEd and Exelon conferred with counsel for plaintiffs regarding service. 

Case: 1:20-cv-04555 Document #: 21 Filed: 09/09/20 Page 1 of 3 PageID #:154
2 

Counsel for ComEd and Exelon agreed to accept service of the Amended Complaint by email, 

with the understanding that plaintiffs would agree to extend the date to answer, move or 

otherwise plead to October 1, 2020. In the absence of the agreed extension, a response would be 

due by September 10, 2020.1 

3. No party will be prejudiced by granting the agreed upon extension to October 1, 

2020. 

WHEREFORE, for the reasons stated herein, defendants ComEd and Exelon request this 

Court enter an Order extending the time to October 1, 2020 for ComEd and Exelon to answer, 

move or otherwise plead to the Amended Complaint. 

Dated: September 9, 2020 Respectfully submitted, 

/s/ Terrence J. Truax 

Terrence J. Truax 

Gayle E. Littleton 

E. Glenn Rippie 

JENNER & BLOCK LLP 

353 N. Clark Street 

Chicago, IL 60654-3456 

Telephone: (312) 222-9350 

Facsimile: (312) 527-0484 

Counsel for Defendants Commonwealth 

Edison Company and Exelon Corporation

 

1

 A separate group of plaintiffs earlier filed a complaint in a related action against ComEd that 

is now pending before Judge Alonso. See Gress, et al v. ComEd et al, 20CV4405. A response 

to that earlier filed complaint in Gress is due October 1, 2020. On September 2, 2020, plaintiffs 

in Gress filed a motion with the Court presiding over the Gress matter requesting the Court to 

deem this action (20CV4555) related to Gress and to have it reassigned. See 20CV4405 (Dkt. 

22). That motion is pending before Judge Alonso, who has set a status in the Gress action for 

October 6, 2020. 

Case: 1:20-cv-04555 Document #: 21 Filed: 09/09/20 Page 2 of 3 PageID #:155
CERTIFICATE OF SERVICE 

I, Terrence J. Truax, an attorney, certify that I caused copies of the foregoing AGREED 

MOTION FOR EXTENSION OF TIME TO ANSWER, MOVE OR OTHERWISE 

PLEAD TO AMENDED COMPLAINT to be served on all counsel of record via the Court’s 

electronic filing system. 

 /s/ Terrence J. Truax 

Counsel for Defendant Commonwealth Edison 

Company and Exelon Corporation 

Case: 1:20-cv-04555 Document #: 21 Filed: 09/09/20 Page 3 of 3 PageID #:156