Rooney v. DiBartelo

2024 IL App (1st) 231067-U
CourtAppellate Court of Illinois
DecidedSeptember 20, 2024
Docket1-23-1067
StatusUnpublished

This text of 2024 IL App (1st) 231067-U (Rooney v. DiBartelo) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rooney v. DiBartelo, 2024 IL App (1st) 231067-U (Ill. Ct. App. 2024).

Opinion

2024 IL App (1st) 231067-U

SIXTH DIVISION September 20, 2024

No. 1-23-1067

NOTICE: This order was filed under Supreme Court Rule 23 and is not precedent except in the limited circumstances allowed under Rule 23(e)(1).

IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT

Maureen Rooney, ) Appeal from the ) Circuit Court of Plaintiff-Appellee, ) Cook County ) v. ) No. 20 L 006830 ) L. Douglas DiBartelo, ) The Honorable ) Catherine A. Schneider, Defendant-Appellant. ) Judge Presiding.

PRESIDING JUSTICE TAILOR delivered the judgment of the court. Justices C.A Walker and Gamrath concurred in the judgment.

ORDER

¶1 Held: The circuit court properly denied DiBartelo’s motions to vacate default judgment under 735 ILCS 5/2-1301 and 735 ILCS 5/2-1401.

¶2 I. BACKGROUND

¶3 In 2017, Plaintiff-Appellee Maureen Rooney informed her employer, Defendant-Appellant

L. Douglas DiBartelo, that she intended to take maternity leave. On September 28, 2017, DiBartelo

terminated Rooney from her full-time position at the L. Douglas DiBartelo Agency, Inc. and

offered her part-time employment without benefits. Her former full-time position provided

benefits, including, among other things, vacation, sick leave, retirement benefits, maternity leave, No. 1-23-1067

and the right to return to her former position after maternity leave. Although DiBartelo informed

Rooney that her termination was for financial reasons, he also told her “that going from full-time

to part-time would be better for her and her unborn baby.”

¶4 On May 2, 2019, Rooney filed a charge with the Illinois Department of Human Rights

(IDHR) alleging pregnancy discrimination and retaliation. On April 1, 2020, the IDHR informed

Rooney that the time limitation for the IDHR to complete its investigation had expired, and that

Rooney had the right to sue DiBartelo. Rooney filed her complaint in the circuit court against

DiBartelo on June 26, 2020, alleging that he discriminated against her by terminating her because

she was pregnant, in violation of the Illinois Human Rights Act. She further alleged that her

termination caused her to suffer damages in the form of “physical injury, physical pain and

suffering, humiliation, embarrassment, mental anguish, and emotional distress.”

¶5 DiBartelo was served a copy of the summons and complaint in person by the Sheriff’s

Office on November 25, 2020, but he failed to file an appearance or a response to the complaint

within 30 days. On May 6, 2021, Rooney filed a motion to default DiBartelo pursuant to 735 ILCS

5/2-1301(d) (West 2020). The circuit court set a hearing on the motion for May 20, 2021. DiBartelo

was served a copy of the motion via United States mail on May 10, 2021, but he did not appear in

court. The circuit court entered an order defaulting DiBartelo on May 20, 2021, and set a hearing

on August 26, 2021, as an initial date for prove-up of damages. Ultimately, after continuing the

prove-up at least 10 times due to DiBartelo’s failure to appear, the circuit court set the prove-up

hearing for February 10, 2022. DiBartelo appeared in court virtually on February 10, 2022, but he

failed to file an appearance or obtain counsel. The court ordered a continuance until March 10,

2022, so that DiBartelo could file an appearance through counsel or appear pro se, but he failed to

2 No. 1-23-1067

do either. On May 5, 2022, after DiBartelo again failed to appear in court, the circuit court entered

a default judgment in favor of Rooney against DiBartelo in the amount of $69,399.

¶6 On June 15, 2022, over thirty days after the default judgment was entered by the circuit

court, DiBartelo filed a pro se motion titled, “Defendant’s Motion to Vacate Judgment of May 5,

2022.” In it, DiBartelo stated that: (1) Rooney had agreed on April 11, 2022, to postpone the May

5, 2022, court date because DiBartelo was unavailable due to a medical emergency; (2) the parties

had reached a tentative settlement for $18,000; (3) DiBartelo informed Rooney by facsimile

communication on May 11, 2022, that he was back in Chicago and wished to finalize the settlement

agreement; and (4) DiBartelo learned of the May 5, 2022, default judgment order on May 17, 2022.

While DiBartelo did not specify that his Motion to Vacate Judgment was filed pursuant to 735

ILCS 5/2-1301, he claimed that “th[e] motion [was] within thirty (30) days of the filing with the

Clerk of the Court.” DiBartelo never noticed his motion to vacate for a hearing.

¶7 Meanwhile, Rooney had filed six citations to discover DiBartelo’s assets before the

Honorable Patrick Heneghan, who was presiding over the enforcement of judgment proceedings.

The citations were filed and served on DiBartelo and the banks where he maintained accounts, but

DiBartelo failed to appear, either in court or for the citation examination proceedings. On

December 19, 2022, DiBartelo filed a pro se motion asking the court to stay the enforcement

proceedings until the Honorable James Snyder — who entered the default judgment against him

— ruled on his Motion to Vacate Judgment. The record does not indicate whether the circuit court

ruled on this motion to stay the enforcement proceedings.

¶8 On February 23, 2023, counsel for DiBartelo entered an appearance, refiled DiBartelo’s

original pro se “Motion to Vacate Judgment of May 5, 2022,” and also filed a “Petition to Vacate

Void Judgment Order Pursuant to 735 ILCS 5/2-1401 and For Other Relief”. The crux of the

3 No. 1-23-1067

section 2-1401 motion was that the circuit court lacked subject matter jurisdiction over Rooney’s

case because her complaint failed to allege that she complied with pre-suit exhaustion

requirements. On March 10, 2023, DiBartelo filed a “Motion to Amend Section 2-1301 Motion to

Vacate,” in which he asked the court to “convert [his] previously filed motion to vacate pursuant

to 735 ILCS 5/2-1301 to a motion brought under 735 ILCS 5/2-1401.” In it, he asserted that

although the prove-up hearing was set for May 5, 2022, the court did not enter judgment for

Rooney until the Clerk of the Circuit Court of Cook County entered the order on May 16, 2022.

DiBartelo acknowledged, however, that he received “a copy of the actual judgment order, which

is dated May 5, 2022,” from Rooney’s attorney, and admitted that his initially-filed motion to

vacate, which was filed on June 15, 2022, “appears to have been filed beyond the 30 day cut-off

required under Section [2-]1301.” Accordingly, he argued it was necessary to convert the section

2-1301 motion to a section 2-1401 motion to “ensure that this court has jurisdiction to hear the

originally filed [2-]1301 motion.”

¶9 On April 13, 2023, an agreed order was entered by Judge Heneghan, requiring DiBartelo

to deposit $80,000 with the Clerk pending resolution of DiBartelo’s motions to vacate the default

judgment. The agreed order stated that if DiBartelo’s pending motions to vacate were denied, “the

proceeds held by the Clerk of the Circuit Court shall be paid to Plaintiff to satisfy [the] judgment

order . . . .” DiBartelo deposited $80,000 with the Clerk on April 24, 2023.

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2024 IL App (1st) 231067-U, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rooney-v-dibartelo-illappct-2024.