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16-9455 - Gianonne v. Naperville


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16-9455 - Gianonne v. Naperville
June 13, 2017
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MEMORANDUM Opinion and Order: For the foregoing reasons, Naperville's motion to dismiss Count III, 10, is granted to the extent that Gianonne's claims against Naperville are dismissed without prejudice. The motion is denied to the extent it seeks to strike portions of Gianonne's prayer for relief, without prejudice to raising these arguments later in the proceedings. Gianonne may file a second amended complaint if he believes he can, in accordance with Federal Rule of Civil Procedure 11, cure the deficiencies described by this opinion and order with respect to Count III. Any such motion should attach the proposed second amended complaint as an exhibit and be supported by a brief of no more than five pages that explains how the second amended complaint cures the deficiencies of the first amended complaint. Defendants should not respond to any such motion unless the Court so orders. Any such motion must be filed by July 13, 2017, or the dismissal of Gianonne's claim against Naperville will be with prejudice. Signed by the Honorable Thomas M. Durkin on 6/13/2017:Mailed notice(srn, )