KNM Holdings, Inc v. James

Court entered default judgment against Defendants in the amount of $1.2 million after Defendants repeatedly failed to comply with discovery. Two years later Defendants sought to vacate the judgment. Court properly dismissed Defendants' petition on the grounds defendants did not exercise due diligence in the underlying proceeding or in filing the section 2-1401 petition. Nothing in the record, on equitable grounds, justifies relaxing the diligence normally required of defendants. Attorney conduct does not justify relaxing due diligence requirements. Defendants' failed to act diligently to seek relief from the damages award and cannot now be heard to contest the amount. (PIERCE and NEVILLE, concurring.)