by considering the arguments belatedly advanced, does not wish to encourage the type of disorganized pleading engaged in by Mars. On the other hand, a substantial period of time has elapsed since Mars filed its Reply without Muellner seeking leave to respond to the additional arguments.
The court will address the argument advanced by Mars with respect to Count III. Count III, alleging age discrimination, is dismissed for failure to comply with the Illinois Human Rights Act ("IHRA"). Ill. Rev. Stat. ch. 68, para. 1-101 et seq. (1987). The IHRA, which creates both a comprehensive scheme of remedies for human rights violations, among them age discrimination, and an administrative agency to investigate and adjudicate allegations of such violations, precludes Muellner's direct access to the courts. As Muellner has failed to assert compliance with the IHRA, her claim is dismissed. See Mein v. Masonite Corp., 109 Ill. 2d 1, 485 N.E.2d 312, 92 Ill. Dec. 501 (1985). This is a clearly settled question of law, which does not require any additional argument or facts.
However, as to Mars arguments with respect to dismissal of Counts IV and V, they are rejected. Ours is an adversarial system. Without briefing on these issues by the parties to illuminate the pertinent facts and the law the court cannot give them proper consideration. However, for other reasons set forth below, the court grants summary judgment in Mars' favor on these counts.
SUMMARY JUDGMENT STANDARD
Rule 56(c) of the Federal Rules of Civil Procedure provides that a summary judgment "shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Fed. R. Civ. P 56(c). A dispute about a material fact is "genuine" if the evidence is such that a reasonable jury could return a verdict for the nonmoving party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 106 S. Ct. 2505, 2510, 91 L. Ed. 2d 202 (1986). A plaintiff cannot rest on mere allegations of a claim without any significant probative evidence which supports his complaint. Id.; see First National Bank of Arizona v. Cities Service Co., 391 U.S. 253, 20 L. Ed. 2d 569, 88 S. Ct. 1575 (1968). "One of the principal purposes of the summary judgment rule is to isolate and dispose of factually unsupported claims and defenses." Celotex Corp. v. Catrett, 477 U.S. 317, 106 S. Ct. 2548, 2553, 91 L. Ed. 2d 265 (1986). Accordingly, the nonmoving party is required to go beyond the pleadings, affidavits, depositions, answers to interrogatories and admissions on file to designate specific facts showing a genuine issue for trial. Id.
In addition to the requirements of Rule 56, the parties must comply with Local General Rule 12. Mars has complied with Local General Rule 12 by submitting a separate, appropriately captioned, statement of material facts as to which Mars contends there is no genuine issue and upon which Mars contends it is entitled to judgment as a matter of law. Specific references are made to the material relied upon to support its assertion as to each material fact. See Abrams v. City of Chicago, 635 F. Supp. 169, 171-72 (N.D. Ill. 1986). Muellner, on the other hand, has failed to comply with the dictates of Local General Rule 12. Rather than submit a separate statement identifying those material facts over which a genuine dispute exists, with citations to supporting documentation, Muellner has submitted a long rendition of facts, with minimal citation to supporting documentation, containing interpretation, inference and argument. As noted above, Muellner relies largely on the allegations in her unverified complaint and arguments of counsel. Consequently, Mars' statement of material facts is taken as admitted by Muellner. See Local General Rule (12) (f) (which applied when this motion was filed); Abrams, 635 F. Supp. at 172.
Mars identifies the following four facts as establishing its entitlement to judgment as a matter of law on all counts:
1. Plaintiff, Mary Muellner, was employed by defendant, Mars, Inc., from October, 1942 to March, 1987. (Complaint at para. 1).