1. Plaintiff Mark R. McCoy filed an affidavit in support of a default judgment against Defendant City of Fairview Heights in a civil case.
2. Plaintiff served amended legal documents on Defendant over 35 days prior but Defendant failed to file a responsive pleading within the required time period as ordered by the court.
3. Defendant also failed to respond to Plaintiff's interrogatories within the required time frame set under Illinois rules and statutes.
4. Based on Defendant's failure to comply with multiple court orders and rules over 8 days, Plaintiff believes a default judgment is proper.
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1. Plaintiff Mark R. McCoy filed an affidavit in support of a default judgment against Defendant City of Fairview Heights in a civil case.
2. Plaintiff served amended legal documents on Defendant over 35 days prior but Defendant failed to file a responsive pleading within the required time period as ordered by the court.
3. Defendant also failed to respond to Plaintiff's interrogatories within the required time frame set under Illinois rules and statutes.
4. Based on Defendant's failure to comply with multiple court orders and rules over 8 days, Plaintiff believes a default judgment is proper.
Original Description:
Affidavit in support of motion for default judgment.
1. Plaintiff Mark R. McCoy filed an affidavit in support of a default judgment against Defendant City of Fairview Heights in a civil case.
2. Plaintiff served amended legal documents on Defendant over 35 days prior but Defendant failed to file a responsive pleading within the required time period as ordered by the court.
3. Defendant also failed to respond to Plaintiff's interrogatories within the required time frame set under Illinois rules and statutes.
4. Based on Defendant's failure to comply with multiple court orders and rules over 8 days, Plaintiff believes a default judgment is proper.
Copyright:
Attribution Non-Commercial (BY-NC)
Available Formats
Download as DOC, PDF, TXT or read online from Scribd
1. Plaintiff Mark R. McCoy filed an affidavit in support of a default judgment against Defendant City of Fairview Heights in a civil case.
2. Plaintiff served amended legal documents on Defendant over 35 days prior but Defendant failed to file a responsive pleading within the required time period as ordered by the court.
3. Defendant also failed to respond to Plaintiff's interrogatories within the required time frame set under Illinois rules and statutes.
4. Based on Defendant's failure to comply with multiple court orders and rules over 8 days, Plaintiff believes a default judgment is proper.
Copyright:
Attribution Non-Commercial (BY-NC)
Available Formats
Download as DOC, PDF, TXT or read online from Scribd
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1IN THE CIRCUIT COURT
TWENTIETH JUDICIAL CIRCUIT
ST. CLAIR COUNTY, ILLINOIS
Mark R. McCoy, ) ) Plaintiff, ) ) -VS- ) ) Case No. 10 L 75 CITY OF FAIRVIEW HEIGHTS, a ) municipal corporation, JOSHUA ) ALEMOND, and AARON NYMAN ) ) Defendants. )
PLAINTIFF’S AFFIDAVIT IN SUPPORT OF DEFAULT JUDGMENT
1. Plaintiff appeared in Courtroom 403 on June 17, 2010
before the Honorable Patrick M. Young.
2. Also present in said Courtroom on said date was Jason
Winslow, appearing for Defendant’s Attorney, Hinshaw &
Culbertson, LLP.
3. That on said date, this Honorable Court did rule on
Plaintiff’s Motion To Amend Complaint which was filed with
the Clerk of the Circuit Court on April 16, 2010 (A copy
of Plaintiff’s Amended Complaint was attached to said
Motion).
4. Plaintiff’s Motion To Amend Complaint and Amended
Page 1 of 6 Complaint were served on all parties through the attorneys
of record by US Mail on April 15, 2010 (Copy of
Plaintiff’s CERTIFICATE OF SERVICE and postal receipt
bearing date of 4/15/2010 and time 04:41:31 PM and bearing
postage fees for delivery to zip codes represented in the
respective attorneys mailing addresses is attached to this
Affidavit).
5. An Order entered by this Honorable Court and signed by The
Honorable Patrick M. Young was filed on said date which
accepted as-filed Plaintiff’s Amended Complaint and states
therein, “Defense is granted 28 days to file a responsive
pleading.”
6. That on said date, Plaintiff did personally serve upon the
Defendant, two sets of Plantiff’s Interrogatories, which
were received by and signed for a Mary J. Moore. (A copy
of Certificate of Service and Receipt bearing signature of
Mary J. Moore is attached to this Motion).
7. That as of the date of this Affidavit, July 24, 2010,
Defendant has failed to serve a sworn answer or objection
to said Interrogatories with proof of service in violation
of Illinois Supreme Court Rule 213(d).
8. That as of the date of this Affidavit, July 24, 2010, some
Page 2 of 6 35 days have passed since the entry of the aforementioned
Order dated June 17, 2010.
9. That during the 35 days, beginning with the day following
the entry of said Order until the date of this Affidavit,
the Defendant has failed or refused to file an answer or
other responsive pleading in response to Plaintiff’s
Amended Complaint.
10. There is no evidence on the record which would indicate a
responsive pleading has been filed by the Defendant within
the permissible time stipulated in the Order and
consistent with Illinois Statutes and Supreme Court Rules.
11. That there is evidence upon the record which indicates a
pattern of the Defendant failing or refusing to comply
with Orders of This Court as well as governing Supreme
Court Rules and Illinois Statutes.
12. That the Plaintiff has waited for Defendant’s responsive
pleadings past the mandatory due date to allow for any
mitigating circumstances which might reasonably contribute
to a delay.
13. That the Defendant has not made any attempt to contact the
Plaintiff in any way whatsoever to communicate a delay in
the Defendant’s pleadings.
Page 3 of 6 14. That in all issues raised by way of Plaintiff’s Affidavit,
the Defendant is in arrears some 8 days in filing
responsive pleadings.
15. Plaintiff believes that it is proper that he receive
relief under 735 ILCS 5/2-1301(d) by way of a judgment of
default against the Defendant.
Mark McCoy, Plaintiff
Date
Page 4 of 6 ATTESTATION
STATE OF ILLINOIS )
)SS.
COUNTY OF ST. CLAIR )
Mark McCoy, being first duly sworn on oath, deposes and states that he is a Plaintiff in the above-captioned matter; that he has read the foregoing document, and the answers made herein are true, correct, and complete to the best of his knowledge and belief.
SIGNATURE
SUBSCRIBED and SWORN to before me on this
day of , 2010.
NOTARY PUBLIC
Page 5 of 6 STATE OF ILLINOIS ) ) SS COUNTY OF ST. CLAIR )
CERTIFICATE OF SERVICE
I, the undersigned, on oath state that I served the forgoing PLAINTIFF’S AFFIDAVIT IN SUPPORT OF DEFAULT JUDGMENT for Case No.: 10 L 75 to the following person(s):
Joshua S. Abern O’Halloran Kosoff Geitner & Cook, LLC 650 Dundee Road, Suite 475 Northbrook, Illinois 60062 [email protected]
and
Dawn A. Sallerson Hinshaw & Culbertson, LLP P.O. Box 509 521 West Main Street Belleville, Illinois 62222 [email protected]
and
Clerk of the Circuit Court
St. Clair County Courthouse 10 Public Square Belleville, Illinois 62220
via email (courtesy notice) and U.S. Mail by placing true and correct copies of the same in an envelope(s) addressed as set forth above and entrusting the receipt and care of said envelope(s) with a desk clerk at the U.S. Post Office in Collinsville, Illinois, 62234 on July 17, 2010.
