Motion to Dismiss Pursuant to 2-619.1

[Caption]

MOTION TO DISMISS PURSUANT TO 2-619.1

Defendant [Name of moving defendant] by and through [his/her] attorney, [Name of Attorney], moves to strike and dismiss plaintiff [Name]’s complaint pursuant to 735 ILCS 5/2-619.1

Factual Background

1. Plaintiff [Name] filed a complaint on [Date] against defendants [Name of moving defendant] and [Name of co-defendant], alleging medical negligence against the defendants. On or about [Date], plaintiff saw defendant [Name of moving defendant], and [he/she] took a physical history from plaintiff. Plaintiff complained of a sore throat that had persisted for a month. (Ct.I, Par.3) Defendant [Name of moving defendant] examined the plaintiff, prescribed an antibiotic, and told plaintiff to return in 10 days if the symptoms did not improve.(Ct.I, Par.4) Plaintiff returned in 10 days, complaining of the same symptoms; however, [he/she] did not see [Name of moving defendant] but instead saw [his/her] partner, defendant [Name of co-defendant]. (Ct.I, par. 5) Plaintiff was thereafter exclusively treated by [Name of co-defendant]. Plaintiff was ultimately diagnosed as having throat cancer.

   2-615 Motion to Strike and Dismiss

2. Plaintiff [Name] complains of numerous failures on behalf of defendant [Name of co-defendant]. However the only allegation of negligence directed to defendant [Name of moving defendant] is as follows:

   “Defendant [Name of moving defendant] was negligent in [his/her] treatment of plaintiff causing [his/her] injuries.” (Ct.I, par. 10(e))

3. Plaintiff’s allegation against defendant is wholly conclusory. Illinois law requires that a plaintiff plead facts against a defendant. Barham v. Knickrehm, 277 Ill. App. 3d 1034.

4. The absence of factual allegations against defendant [Name of moving defendant] requires that the complaint be dismissed.

   WHEREFORE, defendant [Name of moving defendant] asks the court to strike paragraph 10(e) of Count I of...