UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF ILLINOIS
April 20, 2006
JOHN E. COVINGTON, PLAINTIFF,
MITSUBISHI MOTOR MANUFACTURING OF AMERICA, AND UNITED AUTO WORKERS UNION LOCAL 2488, DEFENDANTS.
The opinion of the court was delivered by: Joe Billy McDADE United States District Judge
Before the Court is Defendant United Auto Workers Union Local 2488's Motion to Dismiss [Doc. # 31]. Defendant's motion is based on the expiration of the applicable statute of limitations. The Seventh Circuit has already found that dismissal of this case based on the affirmative defense of an expired statute of limitations is not appropriate under Rule 12(b)(6). Covington v. Mitsubishi Motor Manufacturing of America, No. 04-1315 (Nov. 15, 2005) (unpublished order). This is the law of the case. If Defendant wishes to challenge the timeliness of Plaintiff's claims, it should do so in the form of a summary judgment motion under Fed. R. Civ. P. 56.
IT IS THEREFORE ORDERED that Defendant United Auto Workers Union Local 2488's Motion to Dismiss [Doc. # 31] is DENIED.
ENTERED this 20th day of April, 2006.
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