IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION
February 6, 2012
ZACHARY A. MCGRAW, JR., PLAINTIFF,
CITY OF CHICAGO, DEFENDANT.
The opinion of the court was delivered by: Milton I. Shadur Senior United States District Judge
Just under two weeks ago (on January 24) this Court issued a short memorandum order rejecting the motion by Zachary McGraw, Jr. ("McGraw") to revive his long-since-dismissed action claiming employment discrimination by City of Chicago (the August 27, 2010 minute order of dismissal had described the case as "the latest in a series of battles he has sought to wage against the City of Chicago"). Nothing daunted, McGraw has just filed another document bearing the same caption:
Motion - Reconsideration
To re-open case for new trial Case new discovered evidence This time the persistent and combative McGraw is misguided in a different way, asserting the existence of what he calls "the intentional in fiction of emotional distress," coupled with references to a two year statute of limitations and to an Illinois-recognized concept of "continuing tort" or "continuing violation." But that of course would be a state law claim, different from the federal employment discrimination action asserted in this case--and even apart from problems of untimeliness, there is no federal subject matter jurisdiction over such a claim because diversity of citizenship is lacking.
Accordingly McGraw's most recent motion is denied out of hand. Moreover, he is expressly ordered to file nothing further in connection with this long-since-terminated litigation, with any violation of this order to be treated as a contempt of court potentially justifying the imposition of sanctions.
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