Illinois has a 2 year statute of limitations for personal injury. A district court exercising diversity jurisdiction applies the statute of limitations of the forum state, Klein v. Plaintiff filed her lawsuit on September 12, 2019, more than two years from the date of her fall at the casino. In it, Plaintiff alleges that she injured herself at Defendant's casino on Augwhen she fell on a slick or wet floor rug in Defendant's buffet restaurant. More importantly, the Court reviewed Plaintiff's complaint. Plaintiff paid the filing fee and has not demonstrated that she is indigent such that she cannot afford a process server to serve her complaint and summons on Defendant. Ellis: The Court denies Plaintiff's motion for service of summons and complaint by the United States Marshal's Service #8. MINUTE entry before the Honorable Sara L. RESPONSE by Plaintiff Marian McAfee to order re: show cause why this court should not dismiss here complaintiff with prejudice #11 Notice of filing.

Therefore, the Court dismisses Plaintiff's complaint because the statute of limitations bars Plaintiff's complaint. Thus, the Court finds that Plaintiff could have, and indeed did, file a lawsuit within the applicable statue of limitations but did not file it before this Court prior to the running of the statute of limitations. A state court judge dismissed that complaint based on a lack of personal jurisdiction. The Court notes that Plaintiff filed a lawsuit in state court based on this incident within the statute of limitations on June 11, 2018. Having read Plaintiff's response, the Court does not find that equitable tolling applies to find that the statute of limitations does not bar Plaintiff's complaint. Ellis: The Court received Plaintiff's response to the Court's rule to show cause why the Court should not dismiss Plaintiff's complaint based on statute of limitations. This docket was last retrieved on November 4, 2019.

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