Kunz v. Deitch

ORDER

BUA, District Judge.

This order concerns defendants’ motion to dismiss both counts of plaintiff’s complaint pursuant to Fed.R.Civ.P. 12(b)(6). For the reasons stated herein, defendants’ motion is denied. The plaintiff is a resident of the State of Maryland and the defendants are residents of the State of Illinois. The matter in controversy is alleged to be in excess of $10,000. Thus, jurisdiction to hear this case is based on 28 U.S.C. 1332.

Two issues are presented by defendants’ motion to dismiss: (1) whether Illinois recognizes an independent cause of action for a parent’s loss of a…