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Doe ex rel. Doe v. White

United States District Court, C.D. Illinois, Urbana Division

January 30, 2013

Jane DOE-2, a Minor through her mother and next Friend, Julie DOE-2, and Julie Doe-2, Plaintiffs,
v.
Jon WHITE, Urbana School District 116 Board of Directors, et al., Defendants.

Ellyn J. Bullock, Ellyn J. Bullock, LLC, Champaign, IL, for Plaintiffs.

Brett N. Olmstead, Lindsay B. Kearns, Beckett & Webber, PC, Urbana, James C. Kearns, Tamara K. Hackmann, Heyl, Royster, Voelker & Allen, Urbana, Peter W. Brandt, Livingston, Barger, Brandt & Schroeder, Bloomington, IL, for Defendants.

OPINION

MICHAEL P. McCUSKEY, District Judge.

This case is before the court for ruling on the Motion for Relief from Judgment and Request for Court to Decline Supplemental Jurisdiction (# 112) filed by Plaintiffs,

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Jane Doe-2, through her mother and next friend, Julie Doe-2, and Julie Doe-2. This court has carefully considered Plaintiffs' Motion, the Objection (# 114) filed by Defendants McLean County Unit District No. 5 Board of Directors, Jim Braksick, Alan Chapman, Edward Heineman and John Pye, and the Response (# 115) filed by Defendant Dale Heidbreder. Following this careful and thorough consideration, Plaintiffs' Motion for Relief from Judgment (# 112) is DENIED.

BACKGROUND

I. PLAINTIFFS' CASE

On July 25, 2008, Plaintiffs, through their attorney Ellyn J. Bullock, filed a Complaint (# 1) in this court alleging claims under state and federal law. On December 1, 2008, this court dismissed with prejudice the Urbana School District Defendants due to a settlement of the claims against them. The McLean School District Defendants filed a series of Motions to Dismiss as to the claims against them. Jon White answered the Complaint against him. On December 9, 2008, Plaintiffs filed a Motion for Leave to File Second Amended Complaint (# 71) against White and the McLean School District Defendants.

On February 3, 2009, this court entered an Order (# 94), 2009 WL 268823, which allowed Plaintiffs' Motion for Leave to File Second Amended Complaint and accepted Reports and Recommendations (# 73, # 74, # 75, # 76) filed by Magistrate Judge David G. Bernthal. This court therefore dismissed the counts of the Second Amended Complaint against the McLean School District Defendants with prejudice. On March 18, 2009, this court dismissed the counts against White without prejudice so that Plaintiffs could refile them in state court. Judgment (# 102) was entered on March 18, 2009, and Plaintiffs appealed the dismissal of the McLean School District Defendants to the Seventh Circuit Court of Appeals. The case was orally argued on September 21, 2009. On October 13, 2009, Plaintiffs filed an Emergency Motion with the Seventh Circuit for consideration of newly discovered evidence. Plaintiffs' attorney referred to a newly discovered email from Assistant Superintendent John Pye, a document she had received during discovery in related cases. Plaintiffs' attorney argued that the newly discovered email was relevant to the claim of deliberate indifference to known teacher-on-student sexual harassment. On October 14, 2010, the Seventh Circuit denied the motion without prejudice. The Seventh Circuit stated that it viewed the motion as one more properly presented under Rule 60(b) of the Federal Rules of Civil Procedure for relief from the judgment based on newly discovered evidence, which should be filed in the district court. The Seventh Circuit stated that, if such a motion were filed in the district court, Plaintiffs should follow the procedures contained in Circuit Rule 57. Plaintiffs did not file a Rule 60(b) motion in this court based upon the newly discovered evidence.

On January 22, 2010, the Seventh Circuit entered a Opinion and affirmed this court's dismissal of Plaintiffs' claims. Doe-2 v. McLean County Unit District No. 5 Bd. of Directors, 593 F.3d 507 (7th Cir.2010). As is relevant here, the Seventh Circuit concluded that the McLean School District Defendants owed no duty to Doe-2 enforceable under Illinois tort law. Doe-2, 593 F.3d at 513-17. In considering Plaintiffs' state law claims, the Seventh Circuit concluded that this court had jurisdiction to rule on the state law claims. Doe-2, 593 F.3d at 513-14. The Seventh Circuit concluded that " the factual basis for Doe-2's state-law claims was indistinguishable from the asserted basis for her federal claim, and the district judge

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had devoted substantial court time and resources to analyzing the complaint's factual allegations before addressing the state-law theories." Doe-2, 593 F.3d at 513. The Seventh Circuit also noted that Doe-2 chose to bring all of her claims in federal court and never requested a dismissal of her state-law claims under 28 U.S.C. ยง 1367(c)(3) should her Title IX claim fail. Doe-2, 593 F.3d at 513-14. On February ...


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