White v. ADDANTE

MEMORANDUM OPINION AND ORDER

MORTON DENLOW, United States Magistrate Judge.

Before the Court is Defendant David Pederson’s (“Pederson”) motion to dismiss Count II of Plaintiffs Complaint for lack of subject matter jurisdiction under Fed. R.Civ.P. 12(b)(1). Count II is a claim for assault under Illinois law brought against Pederson in his individual capacity. The alleged basis for federal jurisdiction is supplemental jurisdiction pursuant to 28 U.S.C. § 1367 (“ § 1367”). For the reasons stated below, the Court grants Defendant’s motion.

I. BACKGROUND FACTS

The following facts are taken from the…