LAMONTE LAKE, Claimant, v. STATE OF ILLINOIS, Respondent.

Case summary

Claimant sought an extension of time to file an amended complaint after repeated extensions. The court dismissed the case with prejudice because the reasons given were insufficient to maintain the action.

Claim type: Other

Statutes cited: 735 ILCS 5/2-622; 735 ILCS 5/2-1401

AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.

Headnotes

Practice and Procedure - Extension of time denied after Motion for Rehearing denial - Claimant’s claim was dismissed where the Court originally dismissed a complaint on June 6, 2006 but gave claimant 90 days leave to file amended complaint. On July 3, 2006 claimant filed a Motion for Rehearing indicating an inability to obtain necessary materials. On April 11, 2007, the Court denied the Motion for Rehearing but granted claimant 90 days to file an amended complaint. On July 9, 2007 claimant again requested an additional extension of time alleging an inability to comply. The court held reasons set forth (not published in opinion) are insufficient to maintain further action.

LAMONTE LAKE, pro se. LISA MADIGAN, Attorney General, (JULIE MORGAN, Assistant Attorney General, of Counsel), for Respondent.

KAPLAN, J.

ORDER

KAPLAN, J. THIS CAUSE coming on for hearing pursuant to Claimant’s Motion for Extension of Time, and the Court having carefully reviewed said pleading, and otherwise being fully advised in the premises, DOES FIND:

1. On June 6, 2006, this Court dismissed Claimant’s Complaint, but granted him ninety (90) days leave to file an Amended Complaint, together with the required affidavit and report as set forth at 735 ILCS 5/2-622.

2. On July 3, 2006, Claimant filed a “Motion for Rehearing and Amendment of Complaint”, pursuant to 735 ILCS 5/2-1401, indicating an inability to obtain the required affidavit and report.

3. On January 26, 2007, Claimant requested that the matter at bar be placed back on “active status.”

[*276] 4. On April 11, 2007, this Court entered an order denying the Motion for Rehearing, but giving Claimant an additional ninety (90) days to file another Amended Complaint in accordance with statutory requirements, as set forth above.

5. On July 9, 2007, Claimant requested an additional extension of time alleging an inability to comply with prior orders.

6. That reasons set forth in Claimant’s July 9, 2007 submission are insufficient to maintain this action any further, in light of this Court’s repeated extensions beginning well over a year ago.

NOW, THEREFORE, BE IT ORDERED that the above entitled cause be, and the same accordingly is dismissed with prejudice.