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

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 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

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 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.

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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

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 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

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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
jabern@okgc.com

and

Dawn A. Sallerson
Hinshaw & Culbertson, LLP
P.O. Box 509
521 West Main Street
Belleville, Illinois 62222
dsallerson@hinshawlaw.com

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.

Mark R. McCoy, Plaintiff

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