Cook v. Starling

MEMORANDUM OPINION AND ORDER

ASPEN, District Judge:

Plaintiff Patricia Cook (“Cook”) filed this diversity action on August 23, 1983, against Joe Starling (“Starling”) under the Illinois Dram Shop Act, Ill.Rev., ch. 43, § 135 (1983) (“the Act”). The complaint is based upon a cause of action which accrued on August 24, 1982. On February 7, 1984, Starling moved for summary judgment, asserting that Starling was not a proper defendant under the Act.1 Instead of re*469sponding to the motion, Cook obtained leave of court to amend her complaint, and did so on February 28, 1984, substituting the…