Appears that Plote is taking the case to a higher court based upon the filings of March 18, March 7 and March 4. Is this an attempt to delay the case until there is a new States Attorney (December 1, 2016)? Then with the new States Attorney can decide to drop the case.
Below is from: http://www.judici.com/courts/cases/case_history.jsp?court=IL004015J&ocl=IL004015J,2014CH170,IL004015JL2014CH170D1
Last Search | Information | Dispositions | History | Payments | Fines & Fees
| Date | Entry | Judge |
|---|---|---|
| Entered Under: PLOTE CONSTRUCTION, INC | ||
| 03/18/2016 | APPELLATE SCHEDULING ORDER Record on Appeal is due 5/6/16 | UNASSIGNED |
| 03/07/2016 | Notice of Filing Plaintiff's Answer to Defendants' First Request to Admit | UNASSIGNED |
| 03/04/2016 | Notice of Filing of Notice of Appeal Notice of Appeal 60.00 | UNASSIGNED |
| 02/10/2016 | Status hearing set for 04/11/2016 at 1:30 in courtroom 2. Hearing set for 05/09/2016 at 1:30 in courtroom 2. | UNASSIGNED |
| 02/08/2016 | SA Courier pres for Pl. Atty Fuller pres for Defs. Def files in open court Defendant's First Request to Admit. SA requests time to review and respond. Case comes on for entry of proposed agreed order. Argument heard. Item 2 in the proposed order is modified and approved by both parties. Court enters the Order of Adjudication Indirect Civil Contempt as modified. Case is cont to 4-11-16 at 1:30 p.m. for status and to 5-9-16 at 1:30 p.m. for hearing. ORDER OF ADJUDICATION INDIRECT CIVIL CONTEMPT Defendant's First Request to Admit ORDER | PJN |
| 01/27/2016 | Status hearing set for 02/08/2016 at 1:30 in courtroom 2. | UNASSIGNED |
| 01/25/2016 | SA Courier pres for Pl. Atty Fuller pres for Defs. Case comes on for Pl's Motion to Strike Defendant's Affirmative Defense to Petition for Rule to Show Cause-Indirect Civil Contempt. Arguments heard. Court enters a Memorandum of Judgment regarding Pl's petition for RTSC. Court finds that Pl has shown prima facie evidence of contempt and there was no evidence presented by Def of any legal justification for the conducting of these activities outside the prescribed times or of Def's inability to comply with the prescribed times as ordered by the court. Case is cont'd to 2/8/16 at 1:30 for possible entry of agreed order. MEMORANDUM OF DECISION | PJN |
| 12/08/2015 | Motion hearing set for 01/25/2016 at 1:30 in courtroom 2. | UNASSIGNED |
| 12/04/2015 | Notice of Motion Boone County's Motion to Strike Defendant's Affirmative Defense to Petition for Rule to Show Cause-Indirect Civil Contempt | UNASSIGNED |
| 11/23/2015 | SA Courier pres for Pl. Atty Fuller pres for Defs. Case comes on for decision on Pl's petition for RTSC and Def's motion for leave to file affirmative defenses. Argument heard. Def granted leave to file affirmative defenses. Pl to file a written response within 10 days or by 12-4-15. Case cont to 1-25-16 at 1:30 p.m. for hearing. ORDER | PJN |
| 11/02/2015 | Notice of Motion Motion for Leave to File an Affirmative Defense | UNASSIGNED |
| 10/26/2015 | Decision set for 11/23/2015 at 1:30 in courtroom 2. | UNASSIGNED |
| 10/26/2015 | SA Courier pres for Pl. Atty Fuller pres for Defs. Case comes on Pl's Motion for RTSC and Def's Motion to Strike. Argument heard. Pl calls Drew Bliss from the Boone County Building Dept. Sworn testimony taken. Def calls David Zumbrunn from Beverly Materials/ Plote Construction (Belvidere Quarry). Sworn testimony taken. Based on testimony, Def's motion is heard and denied. Court's decision on Pl's petition for RTSC is continued to 11-23-15 at 1:30 p.m. ORDER | PJN |
| 10/15/2015 | Notice of Service | UNASSIGNED |
| 08/21/2015 | Motion hearing set for 10/26/2015 at 1:30 in courtroom 2. | UNASSIGNED |
| 08/21/2015 | SA Courier pres for Pl. Atty Fuller pres for Defs. Case comes on for status. Case cont to 10-26-15 at 1:30 p.m. for hearing on Def's Motion to Strike and Pl's Petition for Rule to Show Cause. ORDER | PJN |
| 08/17/2015 | Status hearing set for 08/21/2015 at 3:00 in courtroom 2. | UNASSIGNED |
| 08/17/2015 | SA Courier pres for Pl. Atty Fuller pres for Defs. Case comes on for hearing. Pl and Def both request that the Judge recuse himself from this case. Judge Tobin recuses himself and reassigns this case to Judge Nicolosi. Case cont to 8-21-15 at 3:00 p.m. for status. ORDER REASSIGNMENT ORDER | CRT |
| 07/28/2015 | SA Courier pres for Pl. Atty Fuller pres for def/Plote Contr. Judge Tobin discloses to the Parties that he had contact with the County Chairman about this case, and told him he could not talk about a pending case. Parties are given time to consider if they would like Judge Tobin to withdraw from the case. No further ruling will be made until parties decide on this matter. Case is continued to 08-17-15 at 8:45 a.m. ORDER Status hearing set for 8/17/2015 at 08:45 in courtroom 1. | CRT |
| 07/22/2015 | Notice of Filing Boone County's Response To Defendant's Motion To Strike | UNASSIGNED |
| 07/17/2015 | Notice of Filing Motion to Strike Petition for Rule to Show Cause - Indirect Civil Contempt | UNASSIGNED |
| 07/07/2015 | SA/Courier pres for pl. Def/Plote Construction not pres, having requested time to respond to the Petition for RTSC. Ct orders that def/Plote Construction is given 7 days to answer the pl's Petition for RTSC. Pl is given 7 days thereafter to respond. Case is con't to 7-28-15 at 10:00 am for hrg. (See Order.) ORDER Petition hearing set for 7/28/2015 at 10:00 in courtroom 1. | CRT |
| 06/24/2015 | Notice of Motion Petition for Rule to Show Cause Indirect Civil Contempt | JHY |
| 06/24/2015 | Petition hearing set for 7/07/2015 at 09:00 in courtroom 1. | UNASSIGNED |
| 06/12/2015 | Notice of Change of Firm and Address | UNASSIGNED |
| 06/02/2015 | SA Courier pres for Pl. Atty Fuller pres for Def, Plote Constr. Case comes on for status. Written discovery to be exchanged. Case cont 60 days to 8-17-15 at 8:45 a.m. for status. | CRT |
| 05/26/2015 | MEMORANDUM OF DECISION | CRT |
| 05/12/2015 | SA Courier pres for Pl. By agreement, case cont to 6-2-15 at 9:00 a.m. for status on decision on Pl's motion to dismiss. ORDER | CRT |
| 04/14/2015 | SA Courier pres for Pl. Atty Fuller pres for Def. Case comes on Def's Motion to Reconsider, Pl's Request to Admit and Pl's Motion to Dismiss Affirmative Defense-Counterclaim. Def's Motion to Reconsider is heard and denied. Pl's Motion to Dismiss-Argument heard. Court takes it under advisement and will issue a written decision in 14 days. Pl's Request to Admit-Argument heard. Case cont to 5-12-15 at 9:00 a.m. | CRT |
| 03/31/2015 | Amended Notice of Motion | UNASSIGNED |
| 03/27/2015 | Plaintiff's Response to Defendant's Objections and Responses to the Request to Admit | UNASSIGNED |
| 03/11/2015 | Notice of Filing Defendant's Response to the County's Motion to Dismiss Affirmative Defense and Counterclaim | UNASSIGNED |
| 03/09/2015 | Notice of Filing Defendant's Objections and Responses to Request to Admit | UNASSIGNED |
| 02/12/2015 | Notice of Filing Motion to Dismiss Affirmative Defense & Counterclaim Notice of Filing Request to Admit Notice of Filing Boone county's Response to Motion for Reconsideration | UNASSIGNED |
| 01/21/2015 | Notice of Filing Verification | UNASSIGNED |
| 01/15/2015 | SA Courier pres for Pl. Atty Fuller pres for Def, Plote Construction Case comes on for status on pleadings, discover and Def's motion to reconsider. Pl shall respond to the Def's Affirmative Defenses and Counterclaim within 30 days and the Def shall file verification within that time. Pl shall respond to the Motion for Reconsideration within 30 days and the Def shall respond within 14 days thereafter. Case cont to 4-14-15 at 9:00 a.m. ORDER | CRT |
| 12/22/2014 | Notice of Filing Answer to Verified Complaint for Preliminary and Permanent Injunction for Violations of the Boone County Zoning Ordinance, Affirmative Defense and Counterclaim for Declaratory Judgment $100.00 Motion for Reconsideration | UNASSIGNED |
| 11/24/2014 | MEMORANDUM OF DECISION | CRT |
| 11/13/2014 | SA Courier pres for Pl. Atty Fuller pres for Def, Plote Construction Case comes on Pl's Motion for Summary Judgment and Def's Motion to Dismiss. Pl's Motion for Temporary Restraining Order/Injunction is granted. Def's 619 Motion is denied. Court to enter a memorandum of decision in 7 days and Def has 28 days thereafter to respond. Case cont to 1-15-15 at 9:00 a.m. for status. | CRT |
| 10/24/2014 | Notice of Filing Affidavit of Christopher Kennebeck Affidavit of David Zumbrunn | UNASSIGNED |
| 10/22/2014 | Notice of Filing Reply of Plote Construction Inc. to Boone County's Reponse to Defendant's Motion to Dismiss | UNASSIGNED |
| 10/09/2014 | Notice of Filing Boone County's Response to Defendant's Motion to Dismiss | UNASSIGNED |
| 09/18/2014 | SA Courier pres for Pl. Atty Warren Fuller pres for Defs. Case comes on Def's motion to dismiss. Pl's response to motion/memorandum is due on or before 10-9-14. Def to reply to response on or before 10-23-14. Case cont to 11-13-14 at 1:30 p.m. for oral argument. BRIEF SCHEDULING ORDER | CRT |
| 09/08/2014 | Notice of Motion | UNASSIGNED |
| 08/29/2014 | REASSIGNMENT OF JUDGE (Case reassigned to Judge Tobin) Notice | CRT |
| 08/29/2014 | SA Michelle Courier pres for Pl. Atty Warren Fuller pres for Defs. Case comes on State's Motion for Substitution. Motion granted as a matter of right and referred to Presiding Circuit Judge Robert Tobin for reassignment. Case cont for status to 9-18-14 at 1:30 p.m. ORDER FOR SUBSTITUTION OF JUDGE | JHY |
| 08/29/2014 | Appearance (Atty Warren Fuller for Def's/Plote Construction, Belvidere Materials, LLC & Chicago Title Land Trust Co) 139.00 Appearance (Atty Andrew Fuller for Def's/Plote Construction, Belvidere Materials, LLC & Chicago Title Land Trust Co) Notice of Motion Combined Motion to Dismiss Verified Complaint for Preliminary and Permanent Injunction for Violations of the Boone County Zoning Ordinance and to Deny Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunctive Relief Prusuant to Section 2-619 (a)(9) of the Illinois Code of Civil Procedure and to Enforce Settlement Agreement Status hearing reset to 09/18/2014 at 1:30 in courtroom 1. | UNASSIGNED |
| 08/26/2014 | Motion/substitute set for 08/29/2014 at 9:00 in courtroom 3. | UNASSIGNED |
| 08/25/2014 | Motion hearing set for 08/29/2014 at 9:00 in courtroom 3. Notice of Motion Motion for Temporary Restraining order and Preliminary Injunctive Relief Notice of Motion Motion for Substitution of Judge | UNASSIGNED |
| 08/21/2014 | Verified Complaint for Preliminary and Permanent Injunction for Violations of the Boone County Zoning Ordinance Case Management Conference Notice Summons Issued and Returned to Atty for Service Case mgt conf reset to 02/20/2015 at 9:00 in courtroom 3. | |
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