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O'DONNELL v. KUSPER

January 21, 1985

RAYMOND O'DONNELL, PLAINTIFF,
v.
STANLEY T. KUSPER, COOK COUNTY CLERK, IN HIS INDIVIDUAL AND OFFICIAL CAPACITY, OFFICE OF THE COUNTY CLERK OF COOK COUNTY, STANLEY KUSPER CAMPAIGN COMMITTEE, HARRISON LITHOGRAPHING, INC., J.J. COLLINS' SONS, CAHILL PRINTING COMPANY, F.J. NENNING & SONS, M. KALLIS & COMPANY, INC., NORTHWESTERN PRINTING HOUSE, INC., AND THE BOARD OF COMMISSIONERS OF COOK COUNTY, AND THE FOLLOWING COMMISSIONERS, MATTHEW BIESZCZAT, CHARLES BOWEN, BERNARD CAREY, FRANK CHESROW, GEORGE DUNNE, CARL HANSEN, IRENE HERNANDEZ, MAY MCDONALD, DANIEL O'BRIEN, JEANNE P. QUINN, MATT ROPA, RICHARD A. SIEBEL, JOHN H. STROZER, JR., MARTIN TUCHOW, HAROLD L. TYRRELL, SAMUEL G. VAUGHAN, AND JOSEPH WOODS, BOTH IN THEIR INDIVIDUAL AND OFFICIAL CAPACITY, DEFENDANTS.



The opinion of the court was delivered by: Roszkowski, District Judge.

ORDER

Before the court are defendants' various motions to dismiss and motions for sanctions. Also before the court is plaintiff's motion to file a Second Amended Complaint. The court's subject matter jurisdiction is asserted to rest upon 28 U.S.C. § 1331 (1982) and 18 U.S.C. § 1964 (1982). For the reasons set forth herein, defendants' motions to dismiss are granted and defendants' motions for sanctions are denied. Plaintiff's motion to file a Second Amended Complaint is also denied.

BACKGROUND

On December 30, 1983, plaintiff, Raymond O'Donnell, a resident taxpayer of Cook County, Illinois filed a three count complaint in this court. Count I alleged a substantive violation of the Racketeer Influenced and Corrupt Organizations ("RICO") statute. 18 U.S.C. § 1962(c). Count II alleged a conspiracy to violate the RICO statute. 18 U.S.C. § 1962(d). Count III, a pendent state action, purported to allege a violation of Chapter 34, Section 1001 et seq. of the Illinois Revised Statutes. ILL.REV.STAT. ch. 34, ¶ 1001 et seq. (1983).

The various defendants named in the plaintiff's initial complaint included the Cook County Clerk, his election campaign committee, the office of the County Clerk, five printing companies located within the County, the County Board of Commissioners, and all of the individual Board and Board finance committee members. The complaint alleged the Board, upon the urging of the County Clerk, approved contracts for the printing of election ballots with the five named printing companies. According to the plaintiff's complaint, the contracts with the five named printers were extended and approved without complying with the public notice and sealed competitive bidding requirements of ILL. REV.STAT. ch. 34, ¶ 1006 (1983). The complaint further alleges that various of the named printers made substantial contributions to the County Clerk's election campaign. In his prayer for relief, plaintiff sought to require the defendants to return to Cook County all of the money paid out on the allegedly unlawful contracts. In addition, plaintiff sought treble damages on behalf of the County.

On February 2, 1984, plaintiff filed his First Amended Complaint. The plaintiff's First Amended Complaint simply added various allegations to the effect that one of the five named printers had substantially completed the printing it was contracted to perform at the time the County Clerk urged the Board to authorize the contract. No counts were added or deleted; the prayer for relief was not altered.

On February 29, 1984, the defendants filed various motions to dismiss. The defendants' motions sought to dismiss Counts I and II on the grounds that they failed to allege a separate enterprise, any predicate offense or any RICO injury. In addition, defendants contended the plaintiff lacked standing to bring Counts I and II. The defendants also sought to dismiss Count III on the grounds no pendent jurisdiction remained.

On March 7, 1984, this court set a briefing schedule allowing the plaintiff until March 21, 1984 to file a response to the various motions to dismiss and giving the defendants until March 28, 1984 to reply. On March 19, 1984, plaintiff filed a motion for an extension of time, until April 27, 1984, ". . . to file his consolidated answer to [the] defendants' motions to dismiss." In this court's absence, that extension was granted by the Honorable Judge Milton I. Shadur. On April 5, 1984, in view of the extension granted the plaintiff, this court extended the time for the defendants to file their replys to May 7, 1984.

On May 2, 1984, plaintiff again presented a motion seeking an extension of time, until May 25, 1984, ". . . in which to respond to [the] Defendants' motions to dismiss." The court again granted the requested extension. On May 8, 1984, the defendant Clerk filed his initial motion to recover costs and attorneys' fees; the motion arose out of the allegedly improper notice given with respect to plaintiff's May 2, 1984 motion for an extension of time. After the hearing on the defendant Clerk's motion, the court shortened the "[t]ime for plaintiff to file [a] consolidated response to defendants' [m]otion[s] to [d]ismiss with supporting memoranda" to May 25, 1984. The court took the defendant Clerk's motion for costs under advisement. On May 17, 1984, upon the plaintiff's renewed motion, the time for responding was again extended to May 25, 1984.

On May 25, 1984, plaintiff filed a motion to add Omega Graphics as a plaintiff, an amended nine-count complaint, and a memorandum in support of his proposed amended complaint. In addition to seeking recovery on behalf of the County, Omega Graphics prayed for damages on its own behalf. On June 5, 1984, defendants filed a joint motion for sanctions, for denial of leave to file the Second Amended Complaint, to strike the Second Amended Complaint, and to dismiss the First Amended Complaint with prejudice. All of the motions were taken under advisement.

On September 6, 1984, plaintiff presented a motion for leave to file his amended complaint and for leave to add Omega Graphics as a plaintiff. Defendants renewed their previously filed motions. The entire matter was again taken under advisement.

DISCUSSION

A. Motion To Dismiss: Standing

Defendants challenge the plaintiff's standing to bring the present action on two distinct grounds. First, the majority of the defendants contend the plaintiff lacks standing because he has failed to allege a cognizable "racketeering injury." Second, relying upon Flast v. Cohen, 392 U.S. 83, 88 S.Ct. 1942, 20 L.Ed.2d 947 (1968) and Larson v. Valente, 456 U.S. 228, 102 S.Ct. 1673, 72 L.Ed.2d 33 (1982), the defendant Commissioners ...


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