Case: 1:19-cv-06546 Document #: 22 Filed: 01/30/20 Page 1 of 18 PageID #:40

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
FELIX TORRES, SR.,
Plaintiff,
v.
UNITED STATES OF AMERICA,
Defendant.

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No. 19 C 6546
Judge Pacold

DEFENDANT’S ANSWER TO COMPLAINT
Defendant United States of America, by John R. Lausch, Jr., United States Attorney for
the Northern District of Illinois, for its answer to the complaint, states as follows:
First Defense
Defendant is not liable because the ICE agents named in plaintiff’s complaint acted
reasonably and in self-defense upon observing that the plaintiff was in possession of a firearm that
he aimed at one of the ICE agents during a struggle that ensued on the back porch of plaintiff’s
home.
Second Defense
Defendant is not liable under Illinois law for any injuries plaintiff may have suffered
because the ICE agents named in plaintiff’s complaint acted upon a reasonable subjective belief
that the defendant posed an immediate threat to the safety of the ICE agents or others.
Third Defense
Defendant’s injuries, if any, were caused by other individuals not named in plaintiff’s
complaint.

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Fourth Defense
Plaintiff is limited to a judgment, if any, in an amount not to exceed the amount of the
administrative tort claim he presented to the United States Immigration and Customs Enforcement
(ICE) agency. 28 U.S.C. § 2675.
Fifth Defense
Defendant was not arrested by the ICE agents named in his complaint but was instead
arrested by members of the Chicago Police Department, and as such the defendant fails to state a
claim for false arrest against the United States under Illinois law.
Sixth Defense
Defendant alleges no facts in support of any extreme emotional distress suffered as a result
of the events set forth in his complaint, and as such fails to state a claim for intentional infliction
of emotional distress or negligent infliction of emotional distress under Illinois law.
Seventh Defense
Answering the specific allegations of the complaint, the United States admits, denies, or
otherwise avers as follows:
JURY DEMAND
1. Complaint:
Response:

The Plaintiff hereby demands a trial by jury.
Plaintiff is not entitled to a jury in this Federal Tort Claims Act

(FTCA) case. 28 U.S.C. § 2402.
NATURE OF ACTION
2. Complaint:

This cause of action arises from the battery, false arrest, and

intentional infliction of emotional distress against FELIX TORRES, SR., by federal members of
the UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (hereinafter

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“I.C.E.”) on March 27, 2017, at or near 6159 West Grand Avenue, in the city of Chicago, County
of Cook, State of Illinois.
Response:

Defendant admits that plaintiff is attempting to plead these claims,

but denies that any such torts were committed.
3. Complaint:

This cause of action arises from those injuries caused on March 27,

2017 by the Defendants NOLAN KRAFT, ERIC RICE, AND SIXTO LUCIANO, Agents of the
UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT, committed against the
Plaintiff, FELIX TORRES, SR., through their negligence under the Federal Tort Claims Act (28
U.S.C. § 2671) as set forth herein.
Response:

Defendant admits that plaintiff is attempting to plead these claims,

but denies that any such torts were committed.
4. Complaint:

Plaintiff, FELIX TORRES, SR., has fully complied with the

provisions of 28 U.S.C. § 2675 of the Federal Tort Claims Act. Exhibit 1, Standard Form 95.
Response:
5. Complaint:

Admit.
This suit has been timely filed in that Plaintiff served notice of his

claim on the United States of America less than two years after the incident forming the basis of
this suit.
Response:

Defendant admits that plaintiff presented his administrative claim to

ICE on March 11, 2019.
6. Complaint:

Plaintiff is now filing this Complaint pursuant to 28 U.S.C.

§ 2401(b) after not having received I.C.E.’s notice of denial of the administrative claim within six
months.
Response:

Admit.

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7. Complaint:

This cause of action is for money damages brought pursuant to the

Federal Tort Claims Act against Defendants the UNITED STATES OF AMERICA, and
Defendants KRAFT RICE, AND LUCIAINO, Individually and as Agents of I.C.E.
Response:

Defendant admits this cause of action is for money damages and is

brought pursuant to the FTCA. Defendant avers that the United States is the only proper defendant
in this FTCA case, and has been substituted as the defendant in place of the individual ICE agents
named in plaintiff’s complaint. See Dkt. No. 16.
8. Complaint:

This cause of action is for money damages brought pursuant to

Illinois State Law for claims of negligence against the individual Defendants KRAFT, RICE, and
LUCIANO, Individually and as Agents of the I.C.E.
Response:

Defendant admits only that the FTCA imposes liability “under

circumstances where the United States, if a private person, would be liable to the claimant in
accordance with the law of the place where the act or omission occurred,” in this case the State of
Illinois. 28 U.S.C. § 1346(b)(1).
JURISDICTION AND VENUE
9. Complaint:

This is an action for damages to provide for compensation and

redress for the deprivation of rights and remedies as provided the Federal Tort Claims Act, the
Statues and Constitution of the State of Illinois, and remedies and relief provided under the
common law.
Response:
10. Complaint:

Defendant admits only that this is an action under the FTCA.
The Court has jurisdiction over the lawsuit pursuant to 28 U.S.C.

§§ 1331 and 1343 because the suit arises under the Federal Tort Claims Act. This Court has
supplemental jurisdiction over Plaintiffs’ causes of action arising under the laws of the State of
Illinois pursuant to 28 U.S.C. § 1367.
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Response:

Defendant admits only that this court has jurisdiction over this

lawsuit pursuant to 28 U.S.C. § 1346(b).
11. Complaint:

The causes of action arose and unlawful activities occurred or were

committed within the Northern District of Illinois. Venue is proper in this district under 28 U.S.C.
§ 1391(b)(1) because all Defendants reside in this state within the Northern District. Venue is
proper in the Northern District under 28 U.S.C. § 1391(b)(2) because a substantial part of the
events or omissions giving rise to this claim occurred in this district.
Response:

Defendant admits only that venue is proper in this district under 28

U.S.C. § 1402(b).
THE PARTIES
12. Complaint:

At all times relevant, Plaintiff, FELIX TORRES, SR., was a legal

permanent resident of the United States and a resident of the City of Chicago, County of Cook,
State of Illinois.
Response:
13. Complaint:

Admit.
At all times relevant hereto, Defendant UNITED STATES OF

AMERICA, through its agent, I.C.E., operates a field office for the Northern District of Illinois
located at 1 Tower Lane, #1600, Oak Brook Terrace, Illinois 60181.
Response:
14. Complaint:

Admit.
At all times relevant hereto, Defendants KRAFT, RICE, and

LUCIANO, Agents of I.C.E., reside in the Northern District of Illinois and are employed at the
field office located at 1 Tower Lane, #1600, Oak Brook Terrace, Illinois 60181.
Response:
15. Complaint:

Deny that Kraft, Rice, or Luciano are defendants.
Defendant, THE UNITED STATES OF AMERICA, may be served

by delivering a copy of the summons and of the complaint to the United States Attorney for the
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Northern District of Illinois and by sending a copy of the summons and of the complaint by
certified mail to the Attorney General of the United States and to Defendants.
Response:
16. Complaint:

Admit.
Defendants KRAFT, RICE, and LUCIANO, Agents of I.C.E.,

employees of the UNITED STATES OF AMERICA and sued in their individual and official
capacities as agents of the UNITED STATES OF AMERICA and sued in their individual and
official capacities as agents of I.C.E., may be served by sending a copy of the summons and of the
complaint by certified mail to the civil-process clerk at the United States Attorney’s office, to the
Attorney General of the United States, and to Defendants.
Response:

Defendant denies that ICE Agents Kraft, Rice, and Luciano can be

named as proper defendants in this FTCA action or that they are defendants in this action.
FACTUAL BACKGROUND
17. Complaint:

On March 27, 2017, at or around 6:00 a.m., FELIX TORRES, SR.,

was sleeping at his home located at 6159 West Grand Avenue, in the City of Chicago, County of
Cook, State of Illinois.
Response:

Defendant lacks knowledge or information sufficient to form a

belief as to the truth of the allegations in Paragraph 17; accordingly, they are denied.
18. Complaint:

At that time, FELIX TORRES, SR. was a lawful owner of firearms

and in possession of a Firearm Owner Identification (hereinafter “FOID”) card.
Response:

Defendant lacks knowledge or information sufficient to form a

belief as to the truth of the allegations in Paragraph 18; accordingly, they are denied.
19. Complaint:

At or around 6:00 a.m. on March 27, 2017, FELIX TORRES, SR.,

was awakened when he heard an unusual commotion from outside his home, consisting of multiple
voices speaking words that he could not understand.
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Response:

Defendant lacks knowledge or information sufficient to form a

belief as to the truth of the allegations in Paragraph 19; accordingly, they are denied.
20. Complaint:

At that time, FELIX TORRES, SR., was wearing blue shorts and

was not wearing a shirt or shoes.
Response:

Defendant lacks knowledge or information sufficient to form a

belief as to the truth of the allegations in Paragraph 20; accordingly, they are denied.
21. Complaint:

At that time, FELIX TORRES, SR., lawfully carried one of his

firearms to his kitchen fearing for his and his family’s safety, to investigate the commotion near
his home.
Response:

Defendant lacks knowledge or information sufficient to form a

belief as to the truth of the allegations in Paragraph 21; accordingly, they are denied.
22. Complaint:

Before opening the back door to his home, FELIX TORRES, SR.,

looked out a nearby window and saw, within or around his curtilage, approximately ten
individuals, including Defendants KRAFT, RICE, and LUCIANO, who were wearing black
uniforms that displayed the letters “I.C.E.” across their chests.
Response:

Defendant lacks knowledge or information sufficient to form a

belief as to the truth of the allegations in Paragraph 22; accordingly, they are denied.
23. Complaint:

Upon observing these agents, FELIX TORRES, SR., placed his

firearm on a table out of reach and out of sight of the back door, and unarmed, walked back to
open the back door to his home.
Response:

Defendant lacks knowledge or information sufficient to form a

belief as to the truth of the allegations in Paragraph 23; accordingly, they are denied.

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24. Complaint:

FELIX TORRES, SR. opened the back door of his home, without a

firearm in his hands or in sight of the officers as it was several feet away on the table.
Response:
25. Complaint:

Deny.
Immediately after he opened the back door, Defendants KRAFT,

RICE, and LUCIANO opened fire, eventually shooting FELIX TORRES, SR. in the left upper
arm, the bullet traveling through his left shoulder and becoming lodged beneath the skin of his
back.
Response:
26. Complaint:

Deny.
At no time while the Defendant ICE Officers shot at him did FELIX

TORRES, SR have a firearm in his hands or within reach.
Response:
27. Complaint:

Deny.
After he was shot, FELIX TORRES, SR. fell backward into his

home and fell down to the ground.
Response:
28. Complaint:

Admit.
After shooting FELIX TORRES SR., Defendants KRAFT, RICE,

and LUCIANO, along with several other unidentified agents of I.C.E., stormed the home and
proceeded to kick FELIX TORRES, SR. in the torso, causing one rib to crack and his lungs to fill
with fluid.
Response:
29. Complaint:

Deny.
After shooting FELIX TORRES, SR., Defendants KRAFT, RICE,

and LUCIANO seized property belonging to FELIX TORRES, SR.
Response:

Deny.

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30. Complaint:

After he was shot, FELIX TORRES, SR., was taken by ambulance

to Stroger Hospital for treatment of his injuries, including but not limited to, the gunshot wound
to his arm, and his internal injuries resulting from being repeatedly kicked by Defendants KRAFT,
RICE, and LUCIANO.
Response:

Defendant lacks knowledge or information sufficient to form a

belief as to the truth of the allegations in Paragraph 30; accordingly, they are denied.
31. Complaint:

After being transported to Stroger Hospital and after having

received treatment, FELIX TORRES, SR., was handcuffed to a hospital gurney.
Response:

Defendant lacks knowledge or information sufficient to form a

belief as to the truth of the allegations in Paragraph 31; accordingly, they are denied.
32. Complaint:

After being transported to Stroger Hospital and after having

received treatment, FELIX TORRES, SR., was prevented from seeing his family, remained cuffed
to the gurney by his ankles, and was guarded by two Chicago Police Department Officers at the
direction of I.C.E.
Response:
33. Complaint:

Deny.
Following the shooting, FELIX TORRES, SR. was never charged

with any crime and was ultimately released.
Response:

Defendant admits that plaintiff was not charged criminally in

connection with the events described in the complaint.
34. Complaint:

Following the shooting, the property of FELIX TORRES, SR. was

not returned to him.
Response:

Defendant lacks knowledge or information sufficient to form a

belief as to the truth of the allegations in Paragraph 34; accordingly, they are denied.

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35. Complaint:

As a result of the shooting and collective actions of the Defendants,

FELIX TORRES, SR. experienced violations of his 4th and 5th Amendment Rights under the
United States Constitution.
Response:

Deny.

COUNT I – Federal Tort Claims Act – Negligence
(Torres v. Defendants Kraft, Rice, and Luciano as agents of the United States of America,
and the United States of America)
36. Complaint:

Plaintiff hereby incorporates by reference paragraphs all proceeding

paragraphs as though fully stated and pled herein.
Response:

Defendant hereby incorporates its responses to the cited paragraphs

as its response.
37. Complaint:

That at all times relevant hereto, Defendants UNITED STATES OF

AMERICA, acting by and through its duly authorized officers, agents, representatives and/or
employees, including but not limited to Defendants, KRAFT, RICE, and LUCIANO owed a duty
of care to plaintiff to only use reasonable force upon civilians, including FELIX TORRES, SR.
Response:
38. Complaint:

Admit.
Defendants KRAFT, RICE, and LUCIANO at all relevant times,

were acting within the scope of their employment with I.C.E.
Response:
39. Complaint:

Admit.
Defendants KRAFT, RICE, and LUCIANO, individually and as

officers, agents, and/or employees of Defendants UNITED STATES OF AMERICA and I.C.E.,
breached the aforementioned duty by committing one or more of the following negligent actions:
a. Pointed his weapon at FELIX TORRES, SR., under circumstances where he
posed no immediate threat or danger either to KRAFT, RICE, LUCIANO, or
the public;

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b. Placed his finger on the trigger of his service weapon while pointing his weapon
at FELIX TORRES, SR., under circumstances where he posed no immediate
threat or danger to either KRAFT, RICE, LUCIANO, or the public;
c. Used deadly force against FELIX TORRES, SR., under circumstances where
he posed no immediate threat or danger either to KRAFT, RICE, LUCIANO,
or the public;
d. Shot FELIX TORRES, SR., in left arm, under circumstances where he was
posing no immediate threat or danger to KRAFT, RICE, LUCIANO, or the
public;
e. Used deadly force against FELIX TORRES, SR., shooting him in left arm under
circumstances where KRAFT, RICE, and LUCIANO knew that the decedent
did not possess a firearm;
f. Used deadly force against FELIX TORRES, SR., shooting him in left arm under
circumstances where KRAFT, RICE, and LUCIANO knew that the FELIX
TORRES, SR., did not possess a knife;
g. Applied physical force in excess of the force permitted by law and the policies
of the I.C.E.;
h. Used deadly force against FELIX TORRES, SR., shooting him in the left arm
under circumstances where KRAFT, RICE, and LUCIANO knew TORRES,
SR. was not wanted for a violent felony or misdemeanor;
i. Used deadly force against FELIX TORRES, SR., shooting him in the left arm
under circumstances where KRAFT, RICE, and LUCIANO knew that the
TORRES, SR., did not possess any weapon;
j. Kicked FELIX TORRES, SR., repeatedly in the torso, under circumstances
where he was posing no immediate threat or danger to KRAFT, RICE,
LUCIANO, or the public;
k. Kicked FELIX TORRES, SR., repeatedly in the torso under circumstances
where KRAFT, RICE, and LUCIANO knew that TORRES, SR., did not
possess a firearm;
l. Kicked FELIX TORRES, SR., repeatedly in the torso under circumstances
where KRAFT, RICE, and LUCIANO knew that TORRES, SR., did not
possess a weapon;
m. Kicked FELIX TORRES, SR., repeatedly in the torso under circumstances
where KRAFT, RICE, and LUCIANO knew that TORRES, SR., had just been
shot and required medical attention;

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n. Denied FELIX TORRES, SR. immediate medical attention despite his open and
obvious injuries; and,
o. Confiscated and held the property of FELIX TORRES, SR. without legal
justification; and,
p. Detained and held FELIX TORRES, SR., without legal justification.
Response:

Defendant denies the allegations of Paragraph 39, including

subparagraphs a through p.
39. [sic] Complaint: As a direct and proximate result of one or more of the foregoing acts
or omissions of Defendants UNITED STATES OF AMERICA and I.C.E., the FELIX TORRES,
SR., sustained substantial injuries.
Response:

Deny.

COUNT II – Federal Tort Claims Act – Battery
(Torres v. Defendants Kraft, Rice, and Luciano as agents of the United States of America,
and the United States of America)
40. Complaint:

Plaintiff hereby incorporates by reference paragraphs all proceeding

paragraphs as though fully stated and pled herein.
Response:

Defendant hereby incorporates its responses to the cited paragraphs

as its response.
41. Complaint:

The aforementioned conduct of Defendants KRAFT, RICE, and

LUCIANO, as Agents of the United States of America an I.C.E., resulted in a contact with FELIX
TORRES, SR.’s person.
Response:
42. Complaint:

Admit.
The contact made by Defendants KRAFT, RICE, and LUCIANO,

as Agents of the United States of America and I.C.E., with FELIX TORRES, SR., was intentional.
Response:

Admit.

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43. Complaint:

The contact made by Defendants KRAFT, RICE, and LUCIANO,

as Agents of the United States of America and I.C.E., with FELIX TORRES, SR., was
unpermitted.
Response:
44. Complaint:

Deny.
The contact made by Defendants KRAFT, RICE, and LUCIANO,

as Agents of the United States of America and I.C.E., with FELIX TORRES, SR., was offensive.
Response:
45. Complaint:

Deny.
The contact made by Defendants KRAFT, RICE, and LUCIANO,

as Agents of the United States of America and I.C.E., with FELIX TORRES, SR., was made
without TORRES, SR.’s consent.
Response:
46. Complaint:

Admit.
As a result of Defendants KRAFT, RICE, and LUCIANO’s

intentional, unpermitted, and offensive contact, FELIX TORRES, SR., experienced conscious pain
and suffering.
Response:

Defendant lacks knowledge or information sufficient to form a

belief as to the truth of the allegations in Paragraph 46; accordingly, they are denied.
47. Complaint:

As a result Of Defendants KRAFT, RICE, and LUCIANO’s

intentional, unpermitted, and offensive contact, FELIX TORRES, SR., was forced to incur medical
bills, undergo extensive medical treatment, suffered lost wages, and will be forced to incur future
medical costs and future pain and suffering.
Response:

Defendant lacks knowledge or information sufficient to form a

belief as to the truth of the allegations in Paragraph 47; accordingly, they are denied.

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COUNT III – Federal Tort Claims Act – False Arrest
(Torres v. Defendants Kraft, Rice, and Luciano as agents of the United States of America,
and the United States of America)
48. Complaint:

Plaintiff hereby incorporates by reference paragraphs all proceeding

paragraphs as though fully stated and pled herein.
Response:

Defendant hereby incorporates its responses to the cited paragraphs

as its response.
49. Complaint:

The aforementioned conduct of Defendants KRAFT, RICE, and

LUCIANO, as Agents of the United States of America and I.C.E., resulted in FELIX TORRES,
SR.’s being restrained.
Response:
50. Complaint:

Deny.
The aforementioned conduct of Defendants KRAFT, RICE, and

LUCIANO, as Agents of the United States of America and I.C.E., resulted in FELIX TORRES,
SR.’s being arrested.
Response:
51. Complaint:

Deny.
The aforementioned conduct of Defendants KRAFT, RICE, and

LUCIANO, as Agents of the United States of America and I.C.E., was intentional.
Response:
52. Complaint:

Admit.
The aforementioned conduct of Defendants KRAFT, RICE, and

LUCIANO, as Agents of the United States of America and I.C.E., was unpermitted.
Response:
53. Complaint:

Deny.
The aforementioned conduct of Defendants KRAFT, RICE, and

LUCIANO, as Agents of the United States of America and I.C.E., was without FELIX TORRES,
SR.’s consent.

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Response:
54. Complaint:

Admit.
The aforementioned conduct of Defendants KRAFT, RICE, and

LUCIANO, as Agents of the United States of America and I.C.E., was taken without having
reasonable ground to believe that an offense was committed by FELIX TORRES, SR.
Response:
55. Complaint:

Deny.
As a result of Defendants KRAFT, RICE, and LUCIANO’S

intentional restraint and arrest FELIX TORRES, SR., suffered injuries, including being deprived
of his right to see his family in the hospital after he was shot, being cuffed to the gurney by his
ankles, being falsely arrested, physical pain and suffering, mental pain and suffering, emotional
distress, disability, and loss of a normal life.
Response:
56. Complaint:

Deny.
As a result of Defendants KRAFT, RICE, and LUCIANO’s

intentional, unpermitted, and offensive restraint and arrest of, FELIX TORRES, SR., was forced
to incur medical bills, undergo extensive medical treatment, suffered loss wages, and will be forced
to incur future medical costs and future pain and suffering.
Response:

Deny.

COUNT IV – Federal Tort Claims Act – Intentional Infliction of Emotional Distress
(Torres v. Defendants Kraft, Rice, and Luciano as agents of the United States of America,
and the United States of America)
57. Complaint:

Plaintiff hereby incorporates by reference paragraphs all proceeding

paragraphs as though fully stated and pled herein.
Response:

Defendant hereby incorporates its responses to the cited paragraphs

as its response.

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58. Complaint:

As a direct and proximate result of one or more of the foregoing

negligent acts and omissions of the Defendants, UNITED STATES OF AMERICA, Kraft, Rice,
and Luciano, as Agents of the United States of America and I.C.E., FELIX TORRES, SR. was
caused to be in fear of his life and safety as a result of multiple gunshots being fired at him in his
home while he was unarmed.
Response:
59. Complaint:

Deny.
The actions of Defendants KRAFT, RICE, and LUCIANO, acting

as agents, servants, or employees of I.C.E., as set forth above, constitutes objectively extreme and
outrageous conduct, and were done deliberately, intentionally with malice, willfulness, and
reckless indifference to the rights and safety of FELIX TORES, SR.
Response:
60. Complaint:

Deny.
Defendants KRAFT, RICE, and LUCIANO, as Agents of the United

States of America and I.C.E., through the aforementioned conduct, intended that the conduct
should inflict severe emotional distress and/or knew there was a high probability that the conduct
would cause severe emotional distress to FELIX TORRES, SR.
Response:
61. Complaint:

Deny.
The conduct of I.C.E. and the United States of America as Agents

of the United States of America and I.C.E., did in fact cause FELIX TORRES, SR. to suffer severe
emotional distress, incurred damages for medical treatment and has suffered, and will continue to
suffer, great losses of a personal and pecuni9ary nature in the past, as well as into the future.
Response:

Deny.

COUNT V – Federal Tort Claims Act – Negligent Infliction of Emotional Distress
(Torres v. Defendants Kraft, Rice, and Luciano as agents of the United States of America,
and the United States of America)

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62. Complaint:

Plaintiff hereby incorporates by reference paragraphs all proceeding

paragraphs as though fully stated and pled herein.
Response:

Defendant hereby incorporates its responses to the cited paragraphs

as its response.
63. Complaint:

ICE officials have a duty to ensure that they have probable cause

that an individual is an alien before arresting that individual.
Response:
64. Complaint:

Deny.
ICE officers have a duty to reasonably investigate whether an

individual is a U.S. citizen before arresting that individual as a removable alien.
Response:

Defendant admits only that ICE officers have a general duty to

perform their functions in a reasonable and lawful manner.
65. Complaint:

As ICE officials, Defendants KRAFT, RICE, and LUCIANO,

breached these duties in the scope and course of their employment with the United States.
Response:
66. Complaint:

Deny.
In the alternative, Mr. Torres’ injury, unlawful arrest, and detention

constitutes conduct that ordinarily does not occur in the absence of negligence, and the
instrumentality or agents that caused Mr. Torres’ injury, unlawful arrest, and detention were under
the exclusive control of Defendants. Therefore, Defendants’ negligence may be presumed under
the doctrine of res ipsa loquitur.
Response:
67. Complaint:

Deny.
As a proximate and reasonably foreseeable result of Defendants’

negligence, Mr. Torres suffered physical injuries, pain and suffering, and severe mental, emotional
and psychological anguish.

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Response:

Deny.

WHEREFORE, defendant United States requests that this case be dismissed with costs and
that the court award such other relief as may be appropriate.
Respectfully submitted,
JOHN R. LAUSCH, Jr.
United States Attorney
By: s/ Nigel B. Cooney
NIGEL B. COONEY
Assistant United States Attorney
219 South Dearborn Street
Chicago, Illinois 60604
(312) 353-1996
nigel.cooney@usdoj.gov

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