McAfee v. Horseshoe Hammond Casino, LLC
| Marian McAfee |
| Horseshoe Hammond Casino, LLC |
| 1:2019cv06125 |
| September 12, 2019 |
| US District Court for the Northern District of Illinois |
| Sara L Ellis |
| P.I.: Other |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 14 ENTERED JUDGMENT. Mailed notice(rj, ) |
| Filing 13 MINUTE entry before the Honorable Sara L. Ellis: The Court received Plaintiff's response to the Court's rule to show cause why the Court should not dismiss Plaintiff's complaint based on statute of limitations. Having read Plaintiff's response, the Court does not find that equitable tolling applies to find that the statute of limitations does not bar Plaintiff's complaint. The Court notes that Plaintiff filed a lawsuit in state court based on this incident within the statute of limitations on June 11, 2018. A state court judge dismissed that complaint based on a lack of personal jurisdiction. Thus, the Court finds that Plaintiff could have, and indeed did, file a lawsuit within the applicable statue of limitations but did not file it before this Court prior to the running of the statute of limitations. Therefore, the Court dismisses Plaintiff's complaint because the statute of limitations bars Plaintiff's complaint. Civil case terminated. Mailed notice (rj, ) |
| Filing 12 RESPONSE by Plaintiff Marian McAfee to order re: show cause why this court should not dismiss here complaintiff with prejudice #11 ; Notice of filing. (smm, ) |
| Filing 11 MINUTE entry before the Honorable Sara L. Ellis: The Court denies Plaintiff's motion for service of summons and complaint by the United States Marshal's Service #8 . Plaintiff paid the filing fee and has not demonstrated that she is indigent such that she cannot afford a process server to serve her complaint and summons on Defendant. More importantly, the Court reviewed Plaintiff's complaint. In it, Plaintiff alleges that she injured herself at Defendant's casino on August 26, 2017 when she fell on a slick or wet floor rug in Defendant's buffet restaurant. Plaintiff filed her lawsuit on September 12, 2019, more than two years from the date of her fall at the casino. A district court exercising diversity jurisdiction applies the statute of limitations of the forum state, Klein v. George G. Kerasotes Corp., 500 F.3d 669, 671 (7th Cir. 2007), which is Illinois in this case. Orgone Capital III, LLC v. Daubenspeck, 912 F.3d 1039, 1044 (7th Cir. 2019). Illinois has a 2 year statute of limitations for personal injury. 735 ILCS 5/12-202. Indiana does as well. Ind. Code 34-11-2-4(a)(1). Thus, the Court orders Plaintiff to show cause in writing by October 31, 2019, why this Court should not dismiss her case with prejudice because the complaint, on its face, falls outside the applicable statute of limitation. The Court sets a status date of 11/5/19 at 9:30 a.m. Status hearing set for 11/12/19 is stricken. Mailed notice (rj, ) |
| Filing 10 NOTICE of filing by Marian McAfee re MOTION by Plaintiff Marian McAfee for leave of court to allow the US Marshalls to serve process summons and complaint #8 , notice of motion #9 . (smm, ) |
| Filing 9 NOTICE of Motion by Marian McAfee for presentment of motion for leave of court to allow the US Marshalls to serve process summons and complaint #8 before Honorable Sara L. Ellis on 10/10/2019 at 1:45 P.M. (smm, ) |
| Filing 8 MOTION by Plaintiff Marian McAfee for leave of court to allow the US Marshalls to serve process summons and complaint. (smm, ) |
| Filing 7 MINUTE entry before the Honorable Sara L. Ellis: The initial status conference in this matter is set for 11/12/2019 at 9:30AM. The parties are directed to review the procedures and requirements for this conference on Judge Ellis' web site and to submit the required Initial Status Report by 11/5/2019. Mailed notice (rj, ) |
| Filing 6 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in this Notice which includes a link to the (MIDP) Standing Order and a Checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the following documents (Notice of Mandatory Initial Discovery and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (sxb, ) |
| Filing 5 SUMMONS Issued as to Defendant Horseshoe Hammond Casino, LLC (sxb, ) |
| Filing 3 PRO SE Appearance by Plaintiff Marian McAfee (sxb, ) |
| Filing 2 CIVIL Cover Sheet (sxb, ) |
| Filing 1 COMPLAINT filed by Marian McAfee; Jury Demand (Notice of Filing). (sxb, ) |
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