RUBEN CASTILLO, District Judge.
Charles Anderson, individually and on behalf of a putative class, brings this action against the Holy See, the Catholic Bishop of Chicago ("Bishop") and all administrative
On October 11, 2011, Anderson filed a five-count putative class action complaint alleging that he was a victim of sexual abuse by priests and other employees of the Church when he was a child. (R. 1, Compl.) A description of the claims therein and the facts giving rise to the complaint are fully described in the Court's previous opinion. Anderson v. Holy See, 878 F.Supp.2d 923, 928-29 (N.D.Ill.2012). The Court assumes familiarity with those facts. On February 17, 2012, the Bishop filed a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) or, alternatively, Rule 8(a). (R. 18, Def.'s Mot.) This Court granted the Bishop's motion on Rule 12(b)(6) grounds and dismissed all claims against the Bishop with prejudice on July 19, 2012. (R. 39, Min. Entry; R. 40, Mem. Op. & Order.) On July 23, 2012, the Court also dismissed the remaining defendant, Holy See, without prejudice for want of valid service. (R. 41, Min. Entry.)
On August 16, 2012, Anderson filed a motion to alter or amend the July 19th Memorandum Opinion and Order pursuant to Rule 59(e) or (d), (R. 45, Pl.'s Rule 59 Mot.), and a motion for relief pursuant to Rule 60(b)(1) or (b)(2), (R. 46, Pl.'s Rule 60 Mot.). In his motions to reconsider, Anderson argues that the waiver and various estoppel theories he put forth in the Complaint are mixed questions of law and fact, and thus the Court's dismissal was premature. (R. 45, Pl.'s Rule 59 Mot. ¶ 5.) Anderson additionally attempts to submit "newly discovered" evidence for the Court's consideration. (R. 46, Pl.'s Rule 60 Mot. ¶¶ 5, 6.) Alternatively, Anderson seeks leave to file an amended Count I of his complaint. (Id. ¶ 8.2.)
A "motion to reconsider" does not exist under the Federal Rules of Civil Procedure. Talano v. NW. Med. Faculty Found., 273 F.3d 757, 760 n. 1 (7th Cir. 2001). Thus, a motion that seeks to challenge the merits of a ruling by a district court will automatically be considered as having been filed under Rule 59(e) or Rule 60(b) of the Federal Rules of Civil Procedure. Mares v. Busby, 34 F.3d 533, 535 (7th Cir.1994) ("Though the plaintiffs did not file their motion to reconsider pursuant to any one of the Federal Rules of Civil Procedure, the fact that it challenges the merits of the district court's decision means that it must fall under Rule 59(e) or Rule 60(b).") (internal quotation marks omitted). When determining whether a motion to reconsider comes under Rule 59 or Rule 60, the substance of the motion rather than the form is determinative. Obriecht v. Raemisch, 517 F.3d 489, 493 (7th Cir.2008). Motions for reconsideration under either Rule 59 or Rule 60 are not appropriate vehicles for relitigating arguments that the district court previously rejected, or for arguing issues or presenting evidence that could have been raised during the pendency of the motion presently under reconsideration, Sigsworth v. City of Aurora, 487 F.3d 506, 512 (7th Cir.2007). "Once judgment has been entered, there is a presumption that the case is finished, and the burden is on the party who wants to upset that judgment to show the court that there is good reason to set it
Rule 59(e) "essentially enables a district court to correct its own errors, sparing the parties and the appellate courts the burden of unnecessary appellate proceedings." Russell v. Delco Remy Div. of Gen. Motors Corp., 51 F.3d 746, 749 (7th Cir.1995). A motion to alter or amend a judgment pursuant to Rule 59(e) "is permissible when there is newly discovered evidence or there has been a manifest error of law or fact" Harrington v. City of Chi., 433 F.3d 542, 546 (7th Cir.2006). A manifest error of law is the "disregard, misapplication, or failure to recognize controlling precedent." Oto v. Metro. Life Ins., 224 F.3d 601, 606 (7th Cir.2000) (internal quotation marks omitted). "A `manifest error' is not demonstrated by the disappointment of the losing party." Id. To succeed on a Rule 59(e) motion, "the movant must `clearly establish' one of the aforementioned grounds for relief." Harrington, 433 F.3d at 546 (quoting Romo v. Gulf Stream Coach, Inc., 250 F.3d 1119, 1122 n. 3 (7th Cir.2001)). Furthermore, motions to reconsider sounding under Rule 59(e) should only be granted in rare circumstances. Bank of Waunakee v. Rochester Cheese Sales, Inc., 906 F.2d 1185, 1191 (7th Cir.1990).
By contrast, Rule 60(b) is designed to address mistakes attributable to special circumstances, not to address erroneous applications of law. Russell, 51 F.3d at 749. Accordingly, under Rule 60(b), a court may relieve a party from a final judgment or order based on, among other reasons, mistake, inadvertence, surprise, or excusable neglect, Fed.R.Civ.P. 60(b)(1), or newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial, Fed.R.Civ.P. 60(b)(2). Rule 60(b) "is an extraordinary remedy and is granted only in exceptional circumstances." Karraker v. Rent-A-Center, Inc., 411 F.3d 831, 837 (7th Cir.2005) (quoting Cincinnati Ins. Co. v. Flanders Elec. Motor Serv., Inc., 131 F.3d 625, 628 (7th Cir.1997)).
A motion under Rule 12(b)(6) "challenges the sufficiency of the complaint to state a claim upon which relief may be granted." Hallinan v. Fraternal Order of Police of Chi. Lodge No. 7, 570 F.3d 811, 820 (7th Cir.2009). In ruling on a motion to dismiss, the Court construes the complaint "in the light most favorable to the nonmoving party, accept[ing] well-pleaded facts as true, and draw[ing] all inferences in her favor." Reger Dev. LLC v. Nat'l City Bank, 592 F.3d 759, 763 (7th Cir. 2010). To survive a motion to dismiss for failure to state a claim, the complaint must overcome "two easy-to-clear hurdles": (1) "the complaint must describe the claim in sufficient detail to give the defendant fair notice of what the claim is and the grounds on which it rests"; and (2) "its allegations must plausibly suggest that the plaintiff has a right to relief, raising that possibility above a `speculative level[.]'" Tamayo v. Blagojevich, 526 F.3d 1074, 1084 (7th Cir. 2008). "Plausibility" in this context does not imply that a court "should decide whose version to believe, or which version is more likely than not." Swanson v. Citibank, N.A., 614 F.3d 400, 404 (7th Cir. 2010). Rather, to survive a motion to dismiss under Rule 12(b)(6), the "plaintiff must give enough details about the subject-matter of the case to present a story that holds together." Id. In other words, "the court will ask itself could these things have happened, not did they happen." Id.
A plaintiff's failure to timely file a complaint under the governing statute
Anderson first asks the Court to reconsider its prior opinion on the basis that it committed a manifest error of law in finding that the 1991 Illinois statute of repose, 735 Ill. Comp. Stat. 5/13-202.2 (1992), barred Anderson's claims.
Although plaintiffs generally are not required to plead around affirmative defenses, "a party may plead itself out of court by pleading facts that establish an impenetrable defense to its claims." Tamayo, 526 F.3d at 1086; United States v. Lewis, 411 F.3d 838, 842 (7th Cir.2005). Here, Anderson "by the allegations of his complaint erected the limitation bar and it was his duty in order to extricate himself therefrom to plead any exceptions upon which he relied." See Kincheloe v. Farmer, 214 F.2d 604, 605 (7th Cir.1954); accord Sommer v. United Sav. Life Ins. Co., 128 Ill.App.3d 808, 84 Ill.Dec. 77, 471 N.E.2d 606, 615 (Ill.App.Ct.2d Dist.1984) ("When a defendant raises the statute of limitations in a motion to dismiss, it becomes incumbent upon the plaintiff to set forth facts sufficient to avoid the statute of limitations."); see also Lissner v. Michael Reese Hosp. & Med. Ctr., 182 Ill.App.3d 196, 130 Ill.Dec. 673, 537 N.E.2d 1002, 1008 (1st Dist.1989) (affirming the dismissal of a complaint as time-barred, despite plaintiff's allegation that defendant was equitably estopped from invoking the statute of limitations, because "resolution of the equitable estoppel issue also [could] be made by looking to the face of the complaint and the exhibits attached to the complaint"). Although Anderson argues that his tolling theories are "mixed questions of law and fact," he did not set forth any facts, either in his complaint or in his response to the Bishop's motion to dismiss, that are in dispute or that justify tolling the statute of repose. See Anderson, 878 F.Supp.2d at 938 n. 8.
Anderson's allegation that the Catholic Bishop is judicially estopped from asserting the statute of repose against him because the Catholic Church has previously settled certain time-barred claims is an unsupported conclusory statement of law. "Such statements — and their unwarranted inferences — are not sufficient to defeat a motion to dismiss for failure to state a claim." N. Trust Co. v. Peters, 69 F.3d 123, 129 (7th Cir.1995). Anderson correctly argues that the Court should determine whether he sufficiently alleged facts that established the Bishop's estoppel or waiver of the statute of repose, (R. 54, Pl.'s Rule
Anderson additionally argues that his "individual claim must appear to be time barred" because of the large putative class he intends to represent (R. 45, Pl.'s Rule 59 Mot ¶ 6.) Although Anderson fails to provide the Court with any case law or analysis to assist it with understanding the basis of this claim, he appears to be attempting to exploit Rule 23(a)(4) to avoid the statute of repose. (See R. 56, Pl.'s Rule 60 Reply at 2) ("[Anderson]'s apparently time-barred sex abuse claim as alleged in Count I is necessary to support both [his] own individual claim and also to qualify [him] as a fair and adequate plaintiff class representative").
Anderson's reliance on Rule 23 is misplaced. "Inherent in Rule 23 is the requirement that the class representatives be members of the class." Great Rivers Co-op. v. Farmland Indus., 120 F.3d 893, 899 (8th Cir.1997); see also Piazza v. Ebsco Indus., 273 F.3d 1341, 1347 (11th Cir. 2001) ("Without individual standing to raise a legal claim, a named representative does not have the requisite typicality to raise the same claim on behalf of a class."); 7A Charles Alan Wright, Arthur R. Miller & Mary Kay Kane, Fed Prac. & Proc. Civ. § 1761 (3d ed. 2012). Anderson's alleged class claims do not shield him from the applicable statute of repose. See Robinson v. Sheriff of Cook Cnty., 167 F.3d 1155, 1157-58 (7th Cir.1999) ("The point is not that a plaintiff is disqualified as class representative if he may fail to prove his case or if the defendant may have good defenses.... But if his claim is a clear loser at the time he asks to be made class representative, then approving him as class representative can only hurt the class."). If a member of the putative class can raise claims that are not time-barred, he or she might be a fair and adequate class representative. Anderson, however, is not — his claims are clearly time-barred, and he fails to establish that the Court has committed a manifest error of law in so determining.
Anderson next submits purported "newly discovered evidence of the Bishop's
Evidence is deemed to be "newly discovered evidence" for the purposes of Rule 60(b)(2) when all of the following are met: (1) the evidence was discovered following the Court's judgment; (2) due diligence to discover the evidence before the Court's judgment is shown or may be inferred; (3) the evidence is not merely cumulative; (4) the evidence is material; and (5) the evidence would probably produce a different outcome. Matter of Chi., Milwaukee, St. Paul & Pac. R.R. Co., 78 F.3d 285, 293-94 (7th Cir.1996). Anderson's evidence does not meet these criteria. Anderson does not allege — and the Court cannot infer — that he exercised due diligence to discover the evidence prior to filing his complaint; indeed all of the evidence he provides could have been submitted with his original complaint He does not allege that the January 30, 2008 deposition of Cardinal George is newly available,
In a final attempt to obtain a different outcome, Anderson directs the Court to a "new" Illinois law, which went into effect on January 1, 2008. (R. 74, Pl.'s Supp. Rule 59 Rebuttal at 1-2) (citing 735 Ill. Comp. Stat. 5/13-202.3). The law suspends the limitation period that applies to bar Anderson's claims "during a time period when the person injured is subject
Finally, Anderson seeks leave to file a First Amended Count I of the Complaint. (R. 46, Pl.'s Rule 60 Mot. ¶ 8.2.) He makes this request pursuant to Rule 60(b) initially, but in a later pleading refers to his Rule 15 "absolute right" to amend his complaint once as a matter of course. (R. 54, Pl.'s Rule 59 Reply at 2.) In support of his request, Anderson relies on the following passage from Abcarian v. McDonald, 617 F.3d 931, 943 (7th Cir.2010):
(R. 54, Pl.'s Rule 59 Reply at 2.) Anderson, relying on Abcarian, insists that the Court made a mistake within the meaning of Rule 60(b)(1) by failing to allow him to file one amended complaint. (R. 56, Pl.'s Rule 60 Reply at 1-2.) As an initial matter, the Court notes that Rule 60(b)(1) is not the appropriate vehicle for arguing that the Court committed a mistake of law, Rule 59(e) is. Equilease Fin. Servs., Inc. v. Fincastle Leasing, Inc., 305 Fed.Appx. 291, 294 (7th Cir.2008). The Court therefore treats Anderson's argument as though it were made under Rule 59(e). See Obriecht, 517 F.3d at 493.
Anderson only sought leave to file an amended complaint in his Rule 60 motion for relief, (R. 46, Pl.'s Rule 60 Mot.), which was necessarily filed after the Court's entry of final judgment. See Fed.R.Civ.P. 60(b). "It is well-settled that after a final judgment, a plaintiff may amend a complaint under [Rule] 15(a) only with leave of court after a motion under Rule 59(e) or 60(b) has been made and the judgment has been set aside or vacated." Figgie Int'l Inc. v. Miller, 966 F.2d 1178, 1179 (7th Cir.1992). In the instant case, the Court's judgment dismissing the Chicago Bishop from the suit was final. See Anderson, 878 F.Supp.2d at 938.
Once a final judgment has been entered, and a plaintiff's right to amend once as a matter of course is extinguished, the party must instead file a Rule 59(e) motion and, "if it believes that the deficiencies the court has identified can be cured through an amended complaint, it must proffer that document to the court in support of its motion." Fannon v. Guidant Corp., 583 F.3d 995, 1002 (7th Cir.2009) (internal citations omitted). "Even if the party does this, it has a hard row to hoe, because normally Rule 59(e) motions may not be used to cure defects that could have been addressed earlier. The party must instead point either to an error of law or to newly discovered evidence." Id.
Anderson contends that he "has re-pleaded an Amended Count I of the Complaint alleging tolling of the limitations/repose period." (R. 56, Pl.'s Rule 60 Reply at 3.) The proposed amendment incorporates Count I of Anderson's original complaint and adds six new paragraphs. (R. 46, Pl.'s Rule 60 Mot., Ex. C, Proposed Am. Compl.) Based on the Court's review,
Although the Court remains sympathetic to Anderson's claims, he has failed, throughout two motions and six reply briefs, to provide the Court a reason to reconsider its earlier decision. Accordingly, Anderson's motions to reconsider (R. 45, R. 46) are DENIED.