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July 17, 2018

6/27/2018 3:08:00 PM
Alderman Rue Simmons Moves to Vacate Default Judgment
By Larry Gavin

On June 13, Cook County Judge Thaddeus Machnik entered a default judgment in favor of Sophia and Thomas Jenkins (“Plaintiffs”) and against Robin Rue Simmons and Signature Construction Services, Inc., (“Defendants”) in the amount of $64,726.37. In their complaint, filed in March 2017, the Plaintiffs allege that the Defendants breached a construction contract to rehab their home.

On June 12, Plaintiffs filed a motion for a default judgment. The motion alleged that Defendants’ former attorney withdrew from the case on April 19, and the case was set for a hearing on status on May 15. The motion further alleged that Defendants’ failed to appear in court on May 15, and were given 21 days to file an appearance, and the case was set for status on June 13. The Plaintiffs’ motion asked that Defendants should be held in default for failure to file an appearance and to appear in court.

Defendants did not appear in court on June 13, and the default judgment was entered.

On June 20, Defendants filed a motion to vacate the default judgment. The motion alleges that Plaintiffs’ motion for a default was delivered to Defendants’ former attorney at 4:57 p.m. on June 12, and that Defendants had no notice of Plaintiffs’ motion for default. Defendants’ motion further alleges that Defendants have valid defenses to the complaint.

The motion to vacate the default judgment is scheduled to be heard on July 5.

Shawn Jones filed the Motion to Set Aside Default as attorney for Ms. Simmons. Because Ms. Simmons is an Alderman, Mr. Jones and the RoundTable’s editorial staff mutually agreed before he filed the motion that Mr. Jones would no longer report on City Council for the RoundTable.

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