Opinion
Case No. 00 C 340
February 27, 2001
MEMORANDUM OPINION AND ORDER
This cause coming on to be heard on the Defendant's motion to dismiss, the matter having been fully briefed and the Court being fully advised in the premises, the Court finds and orders as follows:
The only issues over which the Court has subject matter jurisdiction relate to the June 1, 1999 order pertaining to the provision of an extended school year. The subject December 17, 1999 order is currently on appeal in whole or part to the Circuit Court of Cook County. To the extent the amended complaint raises additional issues relating to the December 17, 1999 order, the amended complaint is premature and must be dismissed. Rule 12(b)(1) F.R.C.P.
It bears noting that the Defendant expressly concedes that until a final judicial decision is rendered as to the December 17, 1999 order/appeal, the 120 day "statute of limitation for filing a claim for attorney's fees and costs does not begin to run" relative thereto. The Court agrees and so finds. Dell v. Board of Education to High School District 113, 32 F.3d 1053, 1063, 1064 (7th Cir. 1994).