IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
November 16, 2005
MICHAEL KATZ, PLAINTIFF,
CITY OF O'FALLON, DAN WUNDER, AND BRAD THOMAS, DEFENDANTS.
The opinion of the court was delivered by: Murphy, Chief District Judge
On September 20, 2005, Defendant Brad Thomas filed a motion to dismiss the claims brought against him in Counts V and VI of the first amended complaint on the basis that the claims are barred by the statute of limitations. (See Docs. 12, 13.) Plaintiff has filed a response to the motion in which he concedes the motion. (See Doc. 17.)
Accordingly, the motion to dismiss (Doc. 12) is GRANTED, and Defendant Brad Thomas is DISMISSED with prejudice. The hearing previously set on Monday, November 28, 2005, is CANCELED.
IT IS SO ORDERED.
G. Patrick Murphy Chief United States District Judge
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