Kevin Kelly v. Board of Trustees of the University of Illinois

ORDER

STORINO, J.

This cause comes before the Court on Respondent’s Motion for Summary Judgment pursuant to Section 2-1005 of the Illinois Code of Civil Procedure Rule 20 of the Court of Claims, the Court having reviewed the pleadings, and the Court being fully advised:

The court finds as follows:

The Board of Trustees of the University of Illinois (“Respondent”) has filed a Motion for Summary Judgment alleging that there are no genuine issues as to any material facts and that it is entitled to judgment as a matter of law. 735 Ill. Comp. Stat. 5/2-1005 (2007).

Claimant filed a single count Amended Complaint against Respondent arising out of his employment at the University of Illinois. Claimant alleges that on or about February 22, 1999, he received a letter dated February 22, 1999, notifying him of a recommendation that he be issued a notice of nonreappointment. Claimant alleges that the February 22, 1999, letter contained numerous allegations about his job performance that were untrue and unsubstantiated. Claimant alleges that the untrue and unsubstantiated allegations levied against him violated his property rights and damaged his professional and personal reputation, in that the allegations deprived him of a [*222] valid economic opportunity, namely his interest in proper consideration for continued employment at the University of Illinois.

On October 20, 2006, Respondent issued a Request to Admit Facts to Claimant. To date, Claimant has failed to respond to the Request to Admit Facts.

Pursuant to Rule 216, a party to an action may serve another party to that action with a written request for his admission of “any specified relevant fact set forth in” that request. S. Ct. Rule 216(a). The party receiving the request then has 28 days in which to either deny or object to the request. S. Ct. Rule 216(c). If he does neither, those factual matters in the request are deemed judicial admissions. Id. In Robertson v. Sky Chefs, Inc., 344 Ill. App. 3d 196, 799 N.E. 2d 852 (1st Dist. 2003), the defendant filed and served a request to admit upon the plaintiff, seeking answers to 12 questions involving an alleged accident between the parties. The plaintiff failed to respond. The defendant then filed a motion for summary judgment asserting that due to the Rule 216 request to admit, all facts contained in that request must be deemed admitted, leaving no issue of material fact. 344 Ill. App. 3d at 198, 799 N.E. 2d at 854. The court found that plaintiff’s admissions eliminated any basis for a finding of liability against the defendant. Consequently, the court affirmed the trial court’s award of summary judgment. Id. At 202-03, 799 N.E. 2d at 858.

As Claimant has failed to respond to Respondent’s Request to Admit Facts, this Court has no alternative but to deem all requests admitted. This fact coupled with Claimant’s failure to respond to Respondent’s Motion for Summary Judgment results in a finding that Claimant’s admissions eliminate any basis for a finding of liability against Respondent. As such, there are no genuine issues of any material facts, and Respondent is entitled judgment as a matter of law.

IT IS HEREBY ORDERED THAT:

1. That all facts contained in Respondent’s Request to Admit Facts

are deemed admitted.

2. Respondent’s Motion for Summary Judgment is granted.

3. Summary Judgment is entered in favor of Respondent.