Unruh v. Humana Insurance Company et alMOTIONN.D. Ill.April 12, 2019 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION RENAE UNRUH, Plaintiff, v. HUMANA INSURANCE COMPANY, a Subsidiary of Humana, Inc.; NANCY KAVALLE; DONNA SCHOENHEIDER, Defendants. ) ) ) ) ) ) ) ) ) ) ) Case No. 17-cv-01782 Judge Ruben Castillo Magistrate Judge Jeffrey Cole DEFENDANTS’ MOTION FOR LEAVE TO FILE, INSTANTER, A BRIEF IN EXCESS OF FIFTEEN PAGES IN SUPPORT OF THEIR MOTION FOR SUMMARY JUDGMENT Defendants HUMANA INSURANCE COMPANY (“HIC”), NANCY KAVALLE (“Kavalle”), and DONNA SCHOENHEIDER (“Schoenheider”) (collectively “Defendants”), by and through their undersigned counsel, respectfully request that the Court grant the Defendants’ motion for leave to file instanter a 28-page brief in support of its Motion for Summary Judgment. In support of this motion, Defendants state as follows: 1. Plaintiff’s Complaint alleges approximately ten individual and separate causes of action against three defendants: Count I (FLSA); Count II (Illinois Minimum Wage Law); Count III (FMLA Interference); Count IV (FMLA Retaliation); Count V (IHRA Disability Discrimination – Failure to Accommodate); Count VI (IHRA Disability Discrimination – Disparate Treatment); Count VII (IHRA Age Discrimination); Count IX (IHRA Retaliation); Count X (Intentional Infliction of Emotional Distress – against HIC); and Count XI (Tortious Interference with Prospective Economic Advantage – against Kavalle and Schoenheider). 2. Given the nature of Plaintiff’s claims, Defendants require additional pages for their Memorandum of Law in Support (“Memo in Support”) of their Motion for Summary Judgment. Case: 1:17-cv-01782 Document #: 84 Filed: 04/12/19 Page 1 of 3 PageID #:744 3. The Memo in Support exceeds fifteen pages because each of Defendants’ arguments requires analysis and legal citations. In addition, the claims raised by Plaintiff do not overlap with respect to the standards of proof. 4. Defendants file this motion in good faith, and not for purposes of harassment or delay. Further, no party will be prejudiced by the Court granting Defendants leave to file the oversized Memo in Support, and granting this Motion will serve the purpose of judicial efficiency. WHEREFORE, Defendants HUMANA INSURANCE COMPANY, NANCY KAVALLE, and DONNA SCHOENHEIDER respectfully request that the Court enter an Order granting Defendants leave, instanter, to file their 28-page Memorandum of Law in Support of their Motion for Summary Judgment. Dated: April 12, 2019. Jennifer L. Colvin (ARDC# 6274731) OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 155 North Wacker Drive, Suite 4300 Chicago, IL 60606 312.558.1220 jennifer.colvin@ogletreedeakins.com Respectfully submitted, By: /s/ Jennifer L. Colvin One of The Attorneys for Defendants HUMANA INSURANCE COMPANY, NANCY KAVALLE, and DONNA SCHOENHEIDER Case: 1:17-cv-01782 Document #: 84 Filed: 04/12/19 Page 2 of 3 PageID #:745 CERTIFICATE OF SERVICE The undersigned attorney hereby certifies that on April 12, 2019, the foregoing Motion for Leave to File, Instanter, A Brief in Excess of Fifteen Pages in Support of Motion for Summary Judgment was filed electronically with the Clerk of Court using the ECF system, which sent notification of such filing to the following: Renae Unruh 335 Cascade Lane Oswego, IL 60543 renaelynnrn@outlook.com Pro Se Plaintiff On the same date, the undersigned attorney also sent a copy of this filing by FedEx to Renae Unruh at the above noted address. /s/ Jennifer L. Colvin 38089349.1 Case: 1:17-cv-01782 Document #: 84 Filed: 04/12/19 Page 3 of 3 PageID #:746