IN THE CIRCUIT COURT OF COOK COUNTY COUNTY DEPARTMENT, LAW DIVISION JOHN GARRIDO Plaintiff, No. 2013 L 10217 v. Judge John P. Callahan: Room 2203 Daley Center JOHN ARENA, individually. CITIZENS TO ELECT JOHN ARENA, CHICAGO FEDERATION OF LABOR & Tuc, SERVICE EMPLOYEES INTERNATIONAL UNION ILLINOIS COUNCIL PAC, UNITE HERE LOCAL 1, Defendants. ORDER ‘This matter came before the court on each Defendant's Section 2-615 Motion to Dismiss, the matters fully briefed, the court having heard oral argument, the court fully advised in the premis ‘This is a cause of action for Defamation Per Se and False Light Invasion of Privacy against each named Defendant. These causes of action arise as a result of certain materials distributed in support of Defendant Arena during a contested Chicago aldermanic election between Plaintiff Garrido and Defendant Arena. Each of these individuals was secking to be elected Alderman of the 45 Ward and in doing so voluntarily placed himself and his positions before the public for consideration of their candidacy. The Court previously granted § 2°615 motions and allowed Plaintiff to amend his complaint. The positions of each party are well documented in the written briefs submitted to the Court and were previously argued before the Court. Additionally, the Court allowed Plaintiff additional time to submit a written brief related to Goral v. Kulys, 2014 IL App (1st) 183236. Both Plaintiff and Defendants have submitted a written brief on the Gora/ case, which this Court has considered ‘The Court notes that, other than the allegations contained in Count I and Count II, the claimed defamatory statements are exclusively contained within Exhibits “A” through “I,” attached as exhibits to the First Amended Complaint. None of Exhibits “A” through “I” make any reference whatsoever to Plaintiff's unrelated professional occupations as a police officer and attorney. In fact, Plaintiffconceded during oral argument that it was only Plaintiff Garrido who promoted his own work in these professions during the election. IT IS HEREBY ORDERED A. Claims against ARENA: 1. Count I and Count II, which for the first time in the First Amended Complaint filed on July 23, 2014 allege specific defamatory claims occurring prior to April 5, 2011, are dismissed with prejudice pursuant to 735 ILCS 5/2-619(a)() and the Statute of Limitations. B. Claims against CITIZENS TO ELECT JOHN ARENA: 1. Count III and Count IV are dismissed with prejudice as they fail to allege facts to establish defamation per se or false light invasion of privacy. 2. Upon a review of the written materials which Plaintiff claims form the basis for these claims (attached to the First Amended Complaint as Exhibit “H”), this Court finds as a matter of law that no set of facts can be pled which would survive a § 2°615 motion to dismiss. ©. Claims against CHICAGO FEDERATION OF LABOR & IUC: 1. Count V and Count VI are dismissed with prejudice as they fail to allege facts to establich defamation per se or false light invasion of privacy, 2. Upon a review of the written materials which Plaintiff claims form the basis for these claims (attached to the First Amended Complaint as Exhibit “C"), this Court finds as a matter of law that no set of facts can be pled which would survive a § 2615 motion to dismiss D. Claims against SERVICE EMPLOYEES INTERNATIONAL UNION ILLINOIS COUNCIL PAC: 1. Count VIT and Count VIII are dismissed with prejudice as they fail to allege facts to establish defamation per se or false light invasion of privacy 2. Upon a review of the written materials which Plaintiff claims form the basis for these claims (attached to the First Amended Complaint as Exhibits “A,” “B,” “D,” “E,” “F” and “G"), this Courtfinds as a matter of law that no set of facts can be pled which would survive a § 2°615 motion to dismiss. E. Claims against UNITE HERE LOCAL 1 d. Count IX and Count X are dismissed with prejudice as they fail to allege facts to establish defamation per se or false light invasion of privacy, Upon a review of the written materials which Plaintiff claims form the basis for these claims (attached to the First Amended Complaint as Exhibit “I”), this Court finds as a matter of law that no set of facts can be pled which would survive a § 2-615 motion to dismiss. ENTERED: Judge John P.Callahan, Jr. 07 2015 Circuit Court - 2018 JUDGE