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- ilnd;;1:20-cv-03136_de28 RegisterActionDate "2020-10-02" @default.
- ilnd;;1:20-cv-03136_de28 RegisterActionDescriptionText "MINUTE entry before the Honorable Rebecca R. Pallmeyer: Defendant E5C1F9A has filed an answer and affirmative defenses to ED4BB3B complaint. He has also filed a motion to dismiss in which he lists Ms. ED4BB3B allegations and responds to each with words to the effect that "even if if this statement is true, it does not present a cause of action against Defendant E5C1F9A. There is no allegation here that Defendant E5C1F9A participated in a wrongful or illegal activity. Defendant E5C1F9A in entitled to know what state or federal law was here violated,...." As Ms. ED4BB3B is a pro se litigant, the court reads her allegations generously and concludes that they adequately allege that Defendant E5C1F9A participated with Defendant E961CA2 in the tort of conversion. Thus, she alleges: "Defendants E961CA2 and E5C1F9A then drove off with defendant E961CA2 personal belongings as well as the plaintiff's personal and business belongings." Mr. E5C1F9A is correct that Ms. ED4BB3B has not specifically alleged that he knew the things he allegedly confiscated belonged to her. Read in context, however, her allegations are adequate to put Mr. E5C1F9A on notice of her claim that he participated with Mr. E961CA2 in "scrubbing" her computer and seizing property with a value in excess of $75,000. Mr. E5C1F9A alleges his lack of knowledge concerning Ms. ED4BB3B rights in affirmative defenses (1, 4, 5, 6, 8). Ordinarily, the Defendant bears the burden of proving affirmative defenses. The motion 29 is stricken without prejudice to an appropriate motion for summary judgment. The parties are directed to submit a Report of Planning Meeting on or before October 22, 2020. Notice mailed by judge's staff (ntf, ) (Entered: 10/02/2020)" @default.
- ilnd;;1:20-cv-03136_de28 AdministrativeID "30" @default.
- ilnd;;1:20-cv-03136_de28 hasReferenceToOtherEntry ilnd;;1:20-cv-03136_de26 @default.