Westwood Construction Group, Inc. v. Irus Property, LLC

Illinois Appellate Court
Civil Court
Discovery
Citation
Case Number: 
2016 IL App (1st) 142490
Decision Date: 
Tuesday, September 27, 2016
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Affirmed in part and reversed in part; remanded.
Justice: 
PIERCE

Plaintiffs filed action against Defendants in federal court. After Plaintiffs withdrew their federal claims, federal court dismissed case for lack of subject matter jurisdiction.Plaintiffs then filed action in Cook Co. Circuit Court, and named 3 of the previously-named Defendants as Respondents in Discovery. Section 2-402 of Code of Civil Procedure permits a plaintiff to designate a former defendant, dismissed without prejudice, as a respondent in discovery. (SIMON, concurring; HYMAN, concurring in part and dissenting in part.)