Strabala v. Zhang et al
| Jay Marshall Strabala |
| Qiao Zhang and Zhou Shimiao |
| 1:2015cv01228 |
| February 9, 2015 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| Cook |
| Thomas M. Durkin |
| Personal Property: Other |
| 28 U.S.C. ยง 1332 Diversity-Libel,Assault,Slander |
| Both |
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Filing
76
MEMORANDUM Opinion and Order:For the foregoing reasons, it is hereby ordered that: 1. Defendants' Motion to Vacate, R. 22 , is granted. 2. Plaintiff's Motion to Strike, R. 41 , is granted. 3. Defendants' Motion to Dismiss, R. 30 , is denied in part and granted in part as follows: (1) Defendants' motion to dismiss for lack of subject matter jurisdiction is denied; (2) Defendants' motion to dismiss for lack of personal jurisdiction is denied as to Count 1 (Defamation) , and granted without prejudice as to Count II (Intentional Interference); (3) Defendants' motion to dismiss for lack of service of process is denied; and (4) Defendants' motion to dismiss Count II (Intentional Interference with Business Re lations) for failure to state a legally adequate claim for relief is granted. Further, as to Defendant Zhang, Plaintiff is ordered to file within ten days of entry of this memorandum opinion and order any one of the following: (i) an amended proof of service establishing that the original service was effective, (ii) a new return of service establishing that the defect in the original service has been cured, or (iii) proof of waiver of service. In addition, if Plaintiff intends to seek leave to file an amended complaint, he should file a proposed amended complaint with a brief of no more than five pages explaining why the proposed amended complaint cures the defects in the original complaint identified in this order. The proposed amended c omplaint and brief, or else a motion for an extension of time, must be filed within fourteen days of the date on which this memorandum opinion and order is entered. Defendants may file a response to Plaintiff's brief, also limited to five pages in length, and shall do so on or before seven days after Plaintiff files the proposed amended complaint. No reply brief is to be filed.If Plaintiff does not seek leave to file an amended complaint, Defendants shall file an answer to the complaint on or before thirty days after the date on which this memorandum opinion and order is entered. A status hearing is set for December 22, 2016 at 9:00 a.m. The parties are directed to file a proposed joint discovery plan on or before December 19, 2016. Signed by the Honorable Thomas M. Durkin on 11/18/2016:Mailed notice(srn, )
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