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15-463 - Dolemba v. Illinois Farmers Insurance Company


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15-463 - Dolemba v. Illinois Farmers Insurance Company
August 10, 2015
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MEMORANDUM Opinion and Order: For the foregoing reasons, the Court grants the defendants' motion to dismiss, 32. The Court dismisses Dolemba's TCPA claim without prejudice for failure to state a claim for relief. The Court declines at this time to address the parties' arguments regarding Dolemba's ICFA claim. See Winfield v. Mercy Hosp. and Med. Ctr., 591 Fed. Appx. 518, 520 (7th Cir. Feb. 17, 2015) ("A district court may decline to exercise supplemental jurisdiction, and the presumption is that the court will do so if all federal claims have been dismissed before trial."). If Dolemba believes that he can plead facts sufficient to overcome the deficiencies the Court has identified, then he may file an amended complaint by August 31, 2015. If he does not file a second amended complaint by that date, the Court will enter an order dismissing his TCPA claim with prejudice and relinquishing supplemental jurisdiction over his ICFA claim. If Dolemba does file a second amended complaint, the Court will hold a status hearing on September 3, 2015 at 9:00 a.m. The status hearing currently scheduled for August 12, 2015 is stricken. Signed by the Honorable Thomas M. Durkin on 8/10/2015:Mailed notice(srn, )
September 30, 2016
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MEMORANDUM Opinion and Order: Defendants' motions 45 47 52 are granted in part and denied in part. Plaintiff's TCPA claim concerning landline calls is dismissed with prejudice. His TCPA claim concerning cellular calls remains against the Lombardi Agency and against Farmers. The ICFA claim is dismissed without prejudice. If Plaintiff believes he can allege a viable ICFA claim, he should file a motion of no more than three pages for leave to amend the complaint by October 14, 2016. The motion should attach a proposed amended complaint and should explain how the proposed amendment cures the deficiencies identified above. Defendants should not file a brief responding to the motion to amend unless the Court requests it. If no motion to amend is filed by October 14, 2016, the ICFA claim will be dismissed with prejudice. A status hearing in matter is scheduled for October 21, 2016 at 9:00 am. Signed by the Honorable Thomas M. Durkin on 9/30/2016:Mailed notice(srn, )