defendants argue: (1) that the proposed K.H. II class (all Cook County children in the Custody of DCFS) is completely subsumed in the class already certified in B.H. (all children statewide in the custody of DCFS), and (2) all of the claims raised in the K.H. II Complaint are raised in B.H. The court agrees.
This court's review of the K.H. II Complaint reveals that it bears little relationship to the first amended complaint which went up on appeal to the Seventh Circuit, but instead is remarkably similar to the B.H. Complaint.
The court specifically holds as follows:
1. The January 25, 1991 K.H. II Complaint transforms this case from an individual damages action into a class action seeking sweeping mandatory injunctive relief.
2. This transformation comes after a period of considerable delay and greatly prejudices defendants.
3. The proposed class in the K.H. II Complaint is clearly a Cook County subclass of the broader state-wide class which Judge Grady certified in B.H. v. Johnson on February 22, 1989. The B.H. class has raised and is now litigating substantially the same federal constitutional and statutory claims asserted in the K.H. II Complaint. B.H. is near resolution, either by settlement or by trial scheduled for September 9, 1991.
4. If the K.H. II Complaint is allowed to stand, there will be two actions pending simultaneously in this district involving the same parties and addressing the same issues, a situation which comity abhors.
5. Considerations of judicial economy and fairness to the parties favor allowing the rights of the parties to be decided in B.H. where a final disposition is imminent.
Accordingly, defendants' motion to "reconsider" this court's November 2, 1990 order allowing K.H. leave to file a second amended complaint is granted, and the court hereby strikes the January 25, 1991 K.H. II Complaint.
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