Collins v. Village of Palatine, Ill.

Dist. Ct. did not err in dismissing as untimely plaintiff’s proposed class action, where plaintiff challenged 2007 issuance of parking ticket that plaintiff claimed violated Driver’s Privacy Protection Act (DPPA), where record showed that: (1) applicable statute of limitations is four years; (2) different plaintiff had filed nearly identical class complaint in August of 2010, which stayed applicable limitations period on plaintiff's claim until case was “stripped of its character” as class action; (3) Dist. Ct. granted defendant’s motion for summary judgment in 2010 action in September of 2010 and terminated pending motion for class certification as moot; and (4) in 2015 plaintiff’s attorney filed successor class action when U.S. Supreme Ct. had denied plaintiff’s petition for certiorari in 2010 case and then subsequently filed instant action naming plaintiff as class representative. Instant limitations period began in 2007 upon issuance of ticket and ran until August of 2010, when first class action was filed. However, once 2010 action was dismissed with prejudice in September of 2010 without certification of class action, limitation period resumed and ran out in July of 2011, long before plaintiff had filed instant lawsuit. Ct. rejected plaintiff’s contention that limitation period was tolled until U.S. Supreme Ct. had denied petition for certiorari in appeal from 2010 dismissal of first class action.