The City of Evanston Defendants’ motion to dismiss the Skokie Defendant’s original complaint filed in federal court ran into a procedural snafu last month. The complaint arises out of the rates charged by Evanston for processing and transmitting water to Skokie.
On Aug. 9, the Skokie Defendants filed an Amended Complaint without leave of Court. On Aug. 13, the Evanston Defendants moved to strike the Amended Complaint because it was filed without leave or court; and on Aug. 14, the Evanston Defendants filed a motion to dismiss the original complaint.
On Aug. 21, Judge Kocoras denied the Evanston Defendants’ motion to strike the Amended Complaint, which left the Amended Complaint as the operative complaint. The Judge then denied the City of Evanston’s motion to dismiss the original complaint “as moot,” because the Amended Complaint was substituted for the original complaint. It did not constitute a ruling on the merits.
The Court gave the City of Evanston Defendants until Sept. 24 to file a motion to dismiss the Amended Complaint, the Skokie Defendants have until Oct. 2 to respond, and the Evanston Defendants until Oct. 16 to reply.