* May 1…
Just days after a downstate judge granted him a restraining order exempting him from the extended statewide stay-at-home order, state Rep. Darren Bailey is asking the Illinois Appellate Court to vacate that order so he can file an amended lawsuit.
Bailey filed another lawsuit but the attorney general is attempting to move it to a federal court.
* A week ago today…
A Clay County judge who has repeatedly criticized Gov. JB Pritzker’s stay-at-home order again ruled against the governor on Friday, but stopped short of issuing a statewide temporary restraining order that had been sought by a downstate business owner.
James Mainer and HCL Deluxe Tan had filed a new lawsuit on Thursday, seeking to have the governor’s executive order declared null and void. At a hearing on Friday, Mainer’s attorney, Thomas DeVore, sought a temporary restraining order barring the governor from enforcing the order statewide, but instead Clay County Judge Michael McHaney granted an order only for Mainer and his business.
The temporary restraining order exempts Mainer and HCL Deluxe Tan from the stay-at-home order until June 5, when McHaney will hold another hearing on the plaintiffs’ bid for a permanent injunction.
“Waiting until such time as a hearing might be had on the determination on the merits of the injunction is too great a risk for James and HCL, given their freedom and livelihoods are being stripped away in violation of Illinois law every hour that passes,” McHaney’s ruling states.
IN THE APPELLATE COURT OF ILLINOIS FIFTH JUDICIAL DISTRICT
JAMES MAINER, in his individual capacity and on behalf of all citizens similarly situated, and HCL DELUXE TAN, LLC, an Illinois limited liability company, on its behalf and on behalf of all businesses similarly situated,
v. GOVERNOR J.B. PRITZKER, in his official capacity,
CONSENT TO DISSOLVE TEMPORARY RESTRAINING ORDER
The undersigned, being counsel for the Appellees hereby advise this Honorable Court the Appellees consent to the dissolution of the temporary restraining order entered by the circuit court in this cause as the Governor’s restore plan has remedied the injury to Appellee at least prospectively, and as such respectfully request an order entering dissolving the temporary restraining order and remanding this matter back to the circuit court to proceed consistent with said order.
Thomas G. DeVore
…Adding… Another attorney in a different case…