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TSATSOS v. ZOLLAR

October 7, 1996

GEORGE TSATSOS, D.P.M. and AMERICAN PODIATRIC MEDICAL SPECIALTY BOARD, on behalf of its diplomates, Plaintiffs,
v.
NIKKI ZOLLAR in her official capacity as Director of the ILLINOIS DEPARTMENT OF PROFESSIONAL REGULATION and not personally, Defendant.



The opinion of the court was delivered by: BOBRICK

 Before the court is the motion for summary judgment of plaintiffs, George Tsatsos, D.P.M. ("Dr. Tsatsos") and the American Podiatric Medical Specialties Board ("A.P.M.S.B"), on their complaint.

 Plaintiffs' complaint, brought under 42 U.S.C. § 1983, seeks declaratory and other relief against defendant Nikki Zollar, ("Zollar") in her official capacity as Director of the Illinois Department of Professional Regulation, in particular for a finding that part (c) of the Advertising section of the Illinois Podiatric Medical Practice Act of 1987 ("Podiatric Act") 225 ILCS 100/21(c), is unconstitutional as applied to them, including those sanctions Zollar imposed upon Dr. Tsatsos. Plaintiffs also seek injunctive relief from defendant's enforcement of part (c) of the Advertising section of the Podiatric Act, and recovery of attorney fees and costs under 42 U.S.C. 1988. This court's jurisdiction is found in 28 U.S.C. §§ 636(c)(1), *fn1" 1331, 1343, and 2201.

 I. BACKGROUND

 Plaintiffs have moved for summary judgment under Fed. R. Civ. P. 56, filing with their motion a supporting brief, and a document entitled, "Plaintiffs' Rule Local [sic] 12(M) Statement of Material Facts in Support of Motion for Summary Judgment" (Pls.' St. Facts). Defendant has failed to file any responsive materials to plaintiffs' filings in support of their motion. *fn2"

 We begin with those requirements established by the U.S. District Court for the Northern District of Illinois, in its Local General Rules, for summary judgment proceedings. Local Rule 12(m) requires movants for summary judgment to "serve and file, [inter alia]... a supporting memorandum of law, [and] a statement of material facts as to which the moving party contends there is no genuine issue and that entitle the moving party to a judgment as a matter of law ..." If the moving party does not comply, the motion may be lost: "Failure to submit such a statement constitutes grounds for denial of the motion." Local Rule 12(m); Schulz v. Serfilco, Ltd., 965 F.2d 516, 518 (7th Cir.1991). Plaintiffs, as moving party, complied completely with the rule.

 Local Rule 12 is very clear about the consequences to the party opposing summary judgment if that party fails to file a timely 12(n) statement:

 
All material facts set forth in the statement required of the moving party will be deemed to be admitted unless controverted by the statement of the opposing party.

 Case law, likewise, is clear on the consequences of failing to file a 12(n) statement.

 If a summary judgment respondent fails to file a timely 12(n) statement, the uncontroverted statements in the 12(m) statement are deemed admitted. Midwest Imports, Ltd. v. Coval, 71 F.3d 1311, 1313 (7th Cir. 1995). The strict application of Local Rule 12(n) has been repeatedly upheld. Waldridge v. American Hoechst Corp., 24 F.3d 918, 922-23 (7th Cir. 1994). Here, Dr. Tsatsos has complied with the Rule. Defendant, on the other hand, has failed not only to file a Rule 12(n) statement, but also made no response whatsoever to Dr. Tsatsos' motion. Accordingly, all of plaintiffs' statement of facts are deemed admitted.

 II. FACTS OF CASE

 Dr. Tsatsos received his B.A. in pre-medicine and science from the City University of New York in 1975, and his B.S. and D.P.M. from the Illinois College of Podiatric Medicine in 1979. (Dr. Tsatsos Aff., App. at 21). Dr. Tsatsos currently practices podiatry in Illinois. (Pls.' St. Facts, P 2). He was licensed to practice in Illinois and California in 1979, and in New York in 1981. (Pls.' St. Facts, PP 35-36). He is chairman of the Department of Podiatry at Bethany Hospital, and on staff at Suburban Hospital, Lincoln Park West Hospital, and Edgewater Hospital. (Pls.' St. Facts, PP 37-38). Dr. Tsatsos is certified by several Boards. Included in his certifications is the certification given by the American Board of Podiatric Orthopedics and Primary Podiatric Medicine ("A.B.P.O.P.P.M"), which is the board approved for certification of Podiatrists by the Counsel on Podiatric Medical Education ("CPME"), as provided in part (c) of the Advertising section of the Podiatric Act. (Pls.' St. Facts, P 17).

 Since 1987 Dr. Tsatsos' letterhead has contained a statement referring to his various certifications, including a statement referring to his A.P.M.S.B. certification. (Pls.' St. Facts, P 9). Dr. Tsatsos' letterhead appears as follows:

 
DR. GEORGE TSATSOS, F.A.A.F.S., F.A.C.F.A.O.
 
Board Certified Foot and Ankle Surgeon A.P.M.S.B.
 
Board Certified Foot and Ankle Orthopedist ...

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