claim arose during the period that she was employed at Kinney, which was from March, 1992 through September, 1992. The defendants allege that the plaintiffs published the statements beginning no earlier than when Ms. Goldstein started working at Kinney. Pursuant to paragraph 5/13-201, the defendants had at least until March, 1993 before the statute of limitations barred their defamation claims. The plaintiffs' action therefore arose prior to the date on which the limitation period for the defendants' defamation claims expired. Accordingly, the defendants filed their defamation counterclaims in a timely manner.
The final argument on which the plaintiffs base their motion to dismiss the counterclaims alleging defamation is that Mr. Dregne pled guilty to having sexual relations with Ms. Goldstein. The plaintiffs assert that because truth is a defense to defamation, Mr. Dregne's counterclaim must fail. In response, the defendants explain that Mr. Dregne pled guilty only to engaging in sexual relations with Ms. Goldstein when she was sixteen years old and he was less than five years older than she. Mr. Dregne's counterclaim alleges that the plaintiffs accused him of coercing Ms. Goldstein to take part in sexual activities between March and September, 1992. It is therefore primarily based on events occurring after Ms. Goldstein turned seventeen on March 3, 1992. The guilty plea is not relevant to that time period. Moreover, Mr. Dregne apparently did not plead guilty either to forcing Ms. Goldstein to engage in sexual acts with him or participating in sexual activities with Mr. Abed and Ms. Goldstein at the same time. The plaintiffs do not dispute these assertions in their reply brief. Mr. Dregne's counterclaim alleging defamation will stand. Mr. Abed's, Mr. Moustafa's, and Mr. Duda's defamation counterclaims also will remain.
Intentional Infliction of Emotional Distress
The plaintiffs argue that the defendants have failed to state a claim for intentional infliction of emotional distress on the basis that the alleged defamation was not sufficiently extreme and outrageous. See Lopacich v. Falk, 5 F.3d 210, 212 (7th Cir. 1993). I do not agree. The alleged defamatory statements are not "mere insults, indignities, threats, annoyances, petty oppressions, or other trivialities." Id. Rather, the statements, which the defendants assert were published to many other Kinney employees, charge the defendants with criminal sexual conduct. The alleged statements are extreme and outrageous, and the defendants' counterclaims of intentional infliction of emotional distress will remain.
Finally, the plaintiffs argue that I should dismiss Mr. Duda's counterclaim alleging battery on the basis that it is barred by the two year statute of limitations under 735 ILCS 5/13-202. Mr. Duda alleges that Ms. Goldstein committed battery against him between March, 1992 and June, 1992. The earliest date on which Mr. Duda's claim could have been barred is March, 1994. Because the plaintiffs' claims arose before March, 1994, i.e., between March and September, 1992, Mr. Duda filed his counterclaim in a timely manner. See 735 ILCS 5/13-207; see also supra at pp. 4-5. Mr. Duda's battery counterclaim will accordingly stand.
For the foregoing reasons, the plaintiffs' motion to dismiss Mr. Abed's, Mr. Dregne's, Mr. Moustafa's, and Mr. Duda's counterclaims is denied.
ELAINE E. BUCKLO
United States District Judge
Dated: July 3, 1996.