January 4, 2016
from the United States District Court for the Northern
District of Illinois, Eastern Division. No.
l:10-cv-06011-Robert W. Gettleman, Judge.
Bauer, Rovner, and Williams, Circuit Judges.
Williams, Circuit Judge.
Zoretic and her family were evicted from their apartment
twice with the same eviction order. Zoretic sued the deputy
sheriffs who carried out the eviction, along with the owners
of the unit who initiated the eviction and their agents.
Summary judgment was granted to all defendants. On appeal,
Zoretic argues that the deputies lacked any legal authority
to enter her residence, and that the owners of the unit acted
outrageously in initiating the second eviction. Because the
deputies did not meet their summary judgment burden of
demonstrating they were entitled to judgment as a matter of
law on Zoretic's Fourth Amendment claims, we reverse the
grant of summary judgment to the deputies. But because
Zoretic failed to create a material factual dispute about
whether the owners of her unit were extreme and outrageous in
pursuing her eviction, we affirm summary judgment on her
claims of intentional infliction of emotional distress.
initial matter, Zoretic failed to comply with Northern
District of Illinois Local Rule 56.1(b) by providing a
comprehensible response to each numbered paragraph of the
defendants' 56.1(a) statements of material facts which
the defendants argued entitled them to summary judgment.
While we liberally construe the pleadings of individuals who
proceed pro se, "neither appellate courts nor district
courts are obliged in our adversary system to scour the
record looking for factual disputes." See, e.g.,
Greer v. Bd. of Educ. 267 F.3d 723, 727 (7th Cir. 2001).
We have repeatedly held that requiring strict compliance with
Rule 56.1 is not an abuse of the district court's
discretion. Ammons v. Aramark Uniform Sews., Inc.,
368 F.3d 817 (7th Cir. 2004). So like the district court, we
rely on the defendants' statements of material facts.
The First Eviction
2006, Marilyn Zoretic, along with her husband and three
children, began renting a unit in the Castilian Court complex
in Glenview, Illinois. Their landlord, Marina Shef, stopped
paying condominium assessments and eventually lost possession
of the unit to Castilian in 2008. Shortly after the court
entered the order of possession, Castilian certified the
order with the Clerk of Cook County to evict all occupants of
the unit. At the time, Castilian was managed by Nimrod Realty
Group and represented by the Kovitz Law Firm.
received the eviction order, the Cook County Sheriff evicted
Zoretic and her family in January 2009. Later the same day,
Nimrod's agent allowed Zoretic and her family to reenter
the unit, and agreed they would sign a lease so Zoretic could
stay and pay $300 per month less in rent. But Zoretic never
signed the lease or paid rent again.
The Second Eviction
after the eviction and reentry Nimrod was replaced by First
Merit Realty Company as the new property manager for
Castilian. Michael Bloom, a First Merit employee, noticed
that Zoretic never signed a lease with Castilian. He sought
legal advice from the Kovitz lawyers about the matter. They
emailed him on February 4 and told him that "if the
tenant refuses to sign the lease we would replace the
eviction order with the sheriff."
then sent Zoretic a letter with the order of possession,
advising Zoretic that if she wanted to remain in the unit,
she needed to sign the new lease by February 10. He sent
another letter on February 11, warning that Zoretic would
face eviction if she refused to sign the lease and did not
leave the apartment. After receiving no response, Bloom asked
Kovitz lawyers to take over the eviction process. On April
29, Kovitz lawyers obtained a new date stamp from the Clerk
of Cook County on the original September 2008 order, and
placed the newly stamped order with the Cook County Sheriff.
5, Deputy Sheriffs John Darge, Darrell Dyson, and Kyle Tryba
were assigned to execute the eviction order. They arrived at
Castilian around 2:00 p.m. and spoke with Edward Carey, a
Castilian agent who confirmed the unit to be evicted. The
deputy sheriff team then knocked on the door of the unit and
announced their presence. When no one answered, they opened
the door and entered the unit with their guns drawn, where
they found Zoretic and her husband. Seeing that they were
unarmed, the officers put down their weapons and asked if
anyone else was in the unit. Zoretic and her husband were
taken to the living room while the officers conducted a
protective sweep, searching for any individuals who may have
been hiding. While the deputy sheriffs were completing
paperwork to finalize the eviction, Zoretic informed Dyson
that she had spoken with Chief Dicaro and Lieutenant Pon at
the sheriff's office about the eviction. Dyson called
Lieutenant Pon, who told him to continue the eviction. After
photographing items that Zoretic asked to take with her, the
officers escorted Zoretic out of the unit, and gave
possession to Carey.
than a week later, Zoretic sued in circuit court, and was
awarded possession of the unit until Castilian obtained a
lawful order to enforce her eviction. She and her family
moved back in, ...