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- ilnd;;1:18-cv-07874_de145 RegisterActionDate "2019-12-14" @default.
- ilnd;;1:18-cv-07874_de145 RegisterActionDescriptionText "MINUTE entry before the Honorable Matthew F. Kennelly: The Court denies defendants' motion for leave to file amended affirmative defenses 120 . The motion is filed on the eve of the completion of discovery and thus would unfairly prejudice plaintiff because she would be unable to conduct discovery needed to address the proposed statute of limitations and qualified immunity defenses. The contention that the deposition of Ms. Saffold (who proposes to add a qualified immunity defense) has not yet been taken and thus plaintiff would not be prejudiced by the late addition of the defense is unpersuasive, as there is other discovery that plaintiff would have to conduct--but now would have no time to conduct--were this defense added. The same is true of the proposed limitations defenses, as not all of the information needed to attempt to refute these is in plaintiff's hands. On the other side of the coin, defendants have not shown good cause for their last-minute attempt to assert these defenses. Their contention that plaintiff has somehow recently changed her theory is unsupported and unpersuasive, and that aside defendants have not established that they could not have added these defenses sooner by exercising due diligence much longer before the eve of the close of discovery. Finally, the Court notes that the third proposed new affirmative defense--the legal contention that plaintiff cannot sue a municipal entity under 42 USC 1981--is not actually an affirmative defense but rather is a legal contention that plaintiff cannot sustain a section 1981 claim. This contention may be asserted on a summary judgment motion or a Rule 50 motion at trial irrespective of whether it has been identified as an affirmative defense. (mk) (Entered: 12/14/2019)" @default.
- ilnd;;1:18-cv-07874_de145 AdministrativeID "146" @default.
- ilnd;;1:18-cv-07874_de145 OntologyLabel minute_entry @default.
- ilnd;;1:18-cv-07874_de145 hasReferenceToOtherEntry ilnd;;1:18-cv-07874_de119 @default.