Garcia v. Kane County Sheriff Department et al

Filing 59

MOTION by Defendants Ronald Hain, Kane County Sheriff Department, Unknown Kane County Sheriff's Department Officers and Employees for judgment Unopposed Motion for Entry of Judgment of Dismissal (Chwistek Van de Burgt, Marzena)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLLINOIS
EASTERN DIVISION
FRANCISCO GARCIA,
Plaintiff,
v.
KANE COUNTY SHERIFF’S DEPARTMENT,
DEPARTMENT, et al.,
Defendants.

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Case No. 1:23-cv-01104
Judge Rebecca R. Pallmeyer

UNOPPOSED MOTION FOR ENTRY OF JUDGMENT OF DISMISSAL FOR
KANE COUNTY DEFENDANTS IN THIS MATTER
NOW COMES Defendants Kane County Sheriff’s Department, Kane County Sheriff
Ronald Hain, and unknown Kane County Sheriff’s Department officers and employees
(collectively “Kane County Defendants”), by their attorney, Kane County State’s Attorney Jamie
L. Mosser, through her Assistants Marzena Chwistek Van de Burgt, and Elizabeth Tabor and for
their motion of entry of judgment of dismissal for Kane County Defendants, state as follows:
1. On April 12, 2023, Plaintiff filed his First Amended Complaint against the Kane County
Defendants alleging under 42 U.S.C. § 1983 two Counts, Count I failure to protect and
Count II, a § 1983 Monell claim for inadequate training and supervision. (Doc. No. 6).
2. The Kane County Defendants moved to dismiss Plaintiff’s allegations pursuant to Fed. R.
Civ. P. 12(b)(6) challenging the sufficiency of the amended complaint (Doc. No. 24).
3. On March 22, 2024, this Court entered an order granting Kane County Sheriff’s
Department, Sheriff Ronald Hain, and other unnamed Sheriff’s Department officers and
employees’ Motion to dismiss. (Doc. No. 54). The Court also granted Plaintiff leave to
file an amended complaint on or before April 22, 2024. Id.

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4. As of the filing of this motion, Plaintiff did not file amended complaint. Additionally, on
May 7, 2024, counsel for Plaintiff, Don Konicek, informed counsel for Kane County
Defendants that Plaintiff does not plan to pursue allegations against Kane County
Defendants by filing an amended complaint.
5. Also, on May 7, 2024, counsel for Kane County Defendants received notification of
Plaintiff’s deposition which is being scheduled for May 23, 2024. Additionally, the
discovery closure in this matter is set for June 14, 2024 with the dispositive motions
deadline of July 19, 2024. The next telephone status hearing in this matter is set for July
22, 2024. (Doc. No. 58).
6. With the discovery deadlines fast approaching and with Plaintiff not filing amended
pleadings against Kane County Defendants by the Court’s designated deadline of April 22,
2024, the Kane County Defendants are entitled to a judgement of dismissal with prejudice
in this case.
7. Additionally, the statute of limitation for filing claims against Kane County Defendants
would have run out on February 9, 2024. Clearly, Plaintiff filed timely his complaint,
however, due to Plaintiff’s failure to file amended complaint by the Court’s deadline of
April 22, 2024, the Kane County Defendants seek this Court to enter a judgment of
dismissal with prejudice for Kane County Defendants.
8. Based on the above, the Kane County Defendants request this Honorable Court to enter
such a judgment and dismiss with prejudice Kane County Defendants from this matter.

WHEREFORE, Sheriff Ronald Hain, the Kane County Sheriff’s Department and
unknown Kane County Sheriff’s Department officers and employees request this Honorable

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Court to enter a judgment of dismissal with prejudice for Kane County Defendants in this matter
and for such other relief as this Court deems just.

Respectfully submitted,
Kane County Defendants
By:/s/ Marzena Chwistek Van de Burgt
Marzena Chwistek Van de Burgt
Assistant State’s Attorney

Certificate of Service
The undersigned hereby certifies upon penalties of perjury as provided by law, that I caused
this Unopposed Motion For Entry Of Judgment Of Dismissal For Kane County Defendants
In This Matter to be served upon all parties of record, registered with the Clerk of the Northern
District of Illinois, by electronically filing a copy of the same via the Northern District of Illinois’s
CM/ECF filing system on May 9, 2024.
/s/ Marzena M. Chwistek Van de Burgt
Marzena M. Chwistek Van de Burgt
Assistant State’s Attorney

Jamie L. Mosser
Kane County State’s Attorney
Marzenia M. Chwistek Van de Burgt
Assistant State’s Attorneys
100 South Third Street, 4th Floor
Geneva, Illinois 60134
[e-mail]
[phone]
Atty. No. : 6211668

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