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MOBLEY v. KELLY KEAN NISSAN

September 8, 1993

MONICA MOBLEY, DEBBIE DiFONZO, JACQUELYN MARZANO ZULLO and SUSAN KRAUSS-CALHOUN, Plaintiffs,
v.
KELLY KEAN NISSAN, INC., ARTHUR KELLY, individually and d/b/a KELLY KEAN NISSAN, INC., HUGO MERAZ, individually and as Agent of KELLY NISSAN, INC., BOB BREUER, individually and as Agent of KELLY KEAN NISSAN, INC., and ANTHONY SKRAPITS, individually and as Agent of KELLY KEAN NISSAN, INC., Defendants.



The opinion of the court was delivered by: MARVIN E. ASPEN

 MARVIN E. ASPEN, District Judge:

 Plaintiffs Monica Mobley ("Mobley"), Debbie DiFonzo ("DiFonzo"), Jacquelyn Marzano Zullo ("Zullo"), and Susan Krauss-Calhoun ("Calhoun") bring this 80-count sexual harrassment and discrimination claim against Kelly Kean Nissan, Inc. ("Kelly Kean"), Arthur Kelly ("Kelly"), a co-owner of Kelly Kean, and various employees of the car dealership. Presently before us are Kelly and Kelly Kean's motions to dismiss and motion for a more definite statement, defendant Anthony Skrapits' motion to dismiss, and plaintiffs' motion to strike certain affirmative defenses. For the following reasons, we grant in part and deny in part defendants' motions to dismiss and deny plaintiffs' motion to strike.

 I. Factual Background

 Mobley, DiFonzo, and Zullo each worked for Kelly Kean in the Sales Department, and each complains of sexual harrassment and discrimination at the hands of Hugo Meraz. *fn1" Although details differ, the harassment each describes follows a certain pattern. Meraz, the direct supervisor of both Mobley and Zullo and DiFonzo's co-worker, routinely asked plaintiffs to sleep with him and described the type of sexual activity he had in mind. His advances included offers to buy plaintiffs lingerie, sexually explicit messages, requests that plaintiffs wear tight clothes to work, and phone calls to plaintiffs at their homes. Even more seriously, Meraz allegedly threatened not to approve plaintiffs' sales deals if they did not sleep with him, and touched and fondled the women's breasts, buttocks, and arms.

 In addition to Meraz' unwanted attention, Zullo alleges that defendant Anthony Skrapits, the Service Manager, sexually harrassed her. Skrapits allegedly directed offensive language and gestures at Zullo, whistled as she walked by, and frequently grabbed and tickled her in front of other employees and customers. Although Zullo complained to management about Skrapits' and Meraz' conduct, she charges that nothing was done.

 Each of the women complained about the sexual harrassment to office personnel. Mobley spoke to Bob Breuer, a Lease Manager at Kelly Kean, as well as Kelly himself. Neither took any action, and Kelly reportedly laughed when he learned of Meraz' conduct. Shortly after she complained, Mobley alleges that she was assigned to make coffee and copies -- tasks that previously had not been among her duties. Additionally, she did not receive a a promised promotion to the sales floor or a raise. As a result of her treatment, Mobley resigned.

 DiFonzo and Zullo also complained to Kelly about Meraz' harrassment. Despite frequent objections nothing was done, and both women eventually felt compelled to resign.

 Calhoun worked as a receptionist at Kelly Kean under the supervision of defendants Breuer and Skrapits. Calhoun alleges that the two supervisors made crude comments to her and used hand motions to simulate oral sex. Additionally, Skrapits persistently asked Calhoun to sit on his lap and, on more than one occasion, touched an fondled her buttocks. Apparently more aggressive than Skrapits, Breuer frequently pulled Calhoun onto his lap, held her there against her will, and fondled her legs. Unhappy with her treatment, Calhoun made numerous complaints to Kelly Kean management. When Calhoun objected to Skrapits, he replied that "boys will be boys." Nothing was done to stop the harrassment.

 All four women lodged complaints with the EEOC and received right-to-sue letters.

 Kelly Kean and Kelly have moved jointly to dismiss over twenty counts of the complaint comprising three categories of claims -- the sexual harrassment claims deriving from Illinois law, the emotional distress claims, and the assault and battery claims. Skrapits has moved to dismiss all counts against him, arguing that he cannot properly be sued under Title VII, and that this Court has no subject matter jurisdiction over the remaining claims against him. Finally, plaintiffs move to strike several of Skrapits' affirmative defenses for vagueness. We address these motions in turn.

 A. Motion to Dismiss State Discrimination Claims (Counts 19, 20, 35, 36, 57, 58, 78 and 79)

 In Counts 19, 20, 35, 36, 57, 58, 78 and 79, plaintiffs allege that Kelly and Kelly Kean engaged in unlawful discriminatory employment practices in violation of Illinois law. *fn2" Defendants argue that not only have plaintiffs failed to identify the state law which they allegedly contravened, but the Illinois Human Rights Commission ("IHRC") ...


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