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DUPRE v. SOL MELIA

United States District Court, N.D. Illinois


December 6, 2004.

Dupre
v.
Sol Melia, S.A.

The opinion of the court was delivered by: JAMES ZAGEL, District Judge

Motion to Quash Service & to Dismiss for Lack of Personal Jurisdiction
Upon further consideration of the decision in Haubner v. Abercrombie & Kent Int'l, 351 Ill. App. 3d 112 (Ill.App.Ct. 2004), I hereby vacate my order finding that the Defendant did not waive its objections to service of process or personal jurisdiction when it filed a request for admission in Illinois state court. The Plaintiffs may rest their entire Response to Defendant's Motion to Quash and Dismiss on the briefing they already submitted to this court, but in so doing will waive any subsequent objections (based on alternative grounds) to Defendant's Motion. Alternatively, the Plaintiffs may pursue discovery on the non-waiver aspects of personal jurisdiction and service of process before submitting additional briefing on those issues. If the Plaintiffs choose the latter option, I will wait until the Defendants have had an opportunity to reply before ruling on all issues, including the applicability of Haubner. The parties are directed to schedule a Status Hearing in order to select a course of action and set any necessary briefing schedules.

20041206

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