IN THE CIRCUIT COURT OF
COUNTY DEPARTMENT, LAW DIVISION
JOHN BOHN, )
v. ) No.: 04 L 012295
TROY KELLY, ) (A Refiling of Case No. 00 L-005959)
SECOND MOTION OF
NOW COMES the Defendant, TROY KELLY, by and through his attorney, LAW OFFICES OF LOWELL D. SNORF, III, and requests this Honorable Court to dismiss the case under S.C.R. 219(c). In support of this motion, movant states as follows:
“I can truly appreciate your frustration, and having been on the entering end of some of those orders; and I know that in 2005, you have to be pretty egregious to get a barring order because judges usually have about eight orders before they are willing to bar.
The case that you cited about not changing the prior judges orders is really a case where the case was ready to go - - went to a trial judge. A motion judge had entered an order, and the trial judge on that case changed the motion judge’s order. And that would have been true if you had gone to trial in the law division after those barring orders on the first case; then the trial judge under that - - the case that you cited would - - should have gone along with the prior orders. However, this is a new case, and I do take Smith v P.A.C.E. seriously.”
“Counsel, I’m going to deny the motion, but the plaintiff will not be turning once. Every cut-off date will be met by the plaintiff. If there is any delay in this case, then I will take into consideration every prior order - - not barring, but I will take into consideration every prior order for diligence purposes. That’s number one.”
3. On June 15, 2005, Defendant filed another motion to dismiss because Plaintiff again did not answer S.C.R. 214 production requests, and on June 15, 2005, the case was reset to July 11, 2005 (see Exhibit “B,” attached).
10. Unfortunately, Plaintiff continues to fail to comply with court orders, and Defendant asks for a dismissal pursuant to S.C.R. 219(c) and for attorney’s fees.
WHEREFORE, movant respectfully requests this Honorable Court enter an order dismissing this case.
LAW OFFICE LOWELL D. SNORF, III Respectfully submitted,
Telephone: (312) 726-8961
ATT #71148 Lowell D. Snorf, III