Peter Pethtel v. Veterans Roofing PLLC

Summary

The United States District Court for the Southern District of Illinois denied Plaintiff Peter Pethtel’s motion for leave to file a second amended complaint adding claims under the Illinois Human Rights Act, concluding that he had not exhausted the required administrative remedies. The court also denied Defendant Veterans Roofing PLLC’s motion to compel because the motion lacked the required certification of a good-faith effort to resolve the discovery dispute informally.

Holdings

1. Leave to amend was properly denied because Plaintiff did not comply with the Illinois Human Rights Act's statutory procedure for forwarding the EEOC determination to the Illinois Department of Human Rights within the required thirty-day period, and that failure was jurisdictional under the authorities applied by the Court.
2. The motion to compel was denied because Defendant did not demonstrate that it had made the good-faith effort to resolve the discovery dispute informally required by the local rules and the Court's Case Management Procedures.

Questions Presented

1. Whether Plaintiff should be granted leave under Federal Rule of Civil Procedure 15(a)(2) to amend his complaint to add Illinois Human Rights Act claims.
2. Whether Defendant's motion to compel should be granted when the motion did not show that Defendant had made the required good-faith effort to resolve the discovery dispute without court action.

Disposition

other