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16-8012 - Gonzalez v. City of Chicago et al


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16-8012 - Gonzalez v. City of Chicago et al
March 30, 2018
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MEMORANDUM Opinion and Order: For the reasons stated in the Memorandum Opinion and Order, Defendants motions to dismiss 20, 25, 32, 39, are granted. Specifically, the federal due process (Count I) and conspiracy (X) claims are dismissed with prejudice as barred by the doctrine of res judicata. The state law claims for defamation and libel (Count IX) and assault and battery claims based on the May 13, 2015 incident involving Defendant DeVito (in Count V) are also dismissed with prejudice as time-barred. Meanwhile, Gonzalezs state law claims for malicious prosecution (Count II), abuse of process (Count III), fraud (Count IV), intentional infliction of emotional distress (Count VII), and negligent infliction of emotional distress (Count VIII) are dismissed without prejudice for failure to state a claim. The remaining assault and battery claim based on the November 4, 2015 incident involving Defendant DeVito (in Count V) and the assault claim (Count VI) will not be dismissed at this time. Instead, Gonzalezs motion to file an amended complaint 73 is granted and the Court will continue to assert supplemental jurisdiction over the surviving state law claims pending the filing of Gonzalezs second amended complaint. If Gonzalez fails to file a second amended complaint that includes a basis for the Court to exercise subject-matter jurisdiction, the case will be dismissed in its entirety and Gonzalez will have one year to refile in state court. See 735 ILCS 5/13-217; Davis v. Cook Cnty., 534 F.3d 650, 654 (7th Cir. 2008). Gonzalez shall file his second amended complaint by April 23, 2018. Signed by the Honorable Andrea R. Wood on 3/30/2018. Mailed notice. (lw, )