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Attorney DeVore asks appellate court to dissolve another TRO

Friday, May 29, 2020

* 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.

* Yesterday

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,
Plaintiff-Respondent,

v. GOVERNOR J.B. PRITZKER, in his official capacity,
Defendant-Petitioner.

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…


- Posted by Rich Miller        

13 Comments
  1. - Precinct Captain - Friday, May 29, 20 @ 11:55 am:

    DeVore needs to be sanctioned. These suits have now simply become about abusing the limited resources of the legal system.


  2. - Oswego Willy - Friday, May 29, 20 @ 12:01 pm:

    If/when Peter Breen loses in November, how great would be the trolling if “Breen, DeVore, and Associates” opened?

    They’d specialize in frivolity, preening, and posturing law… and dabble in some religious righteousness too.

    I’d suggest they be based in Effingham, but that’s their call.


  3. - JoanP - Friday, May 29, 20 @ 12:10 pm:

    Again? These people are wasting everyone’s time, money, and energy. They’re just in it for the publicity; they don’t actually want a definitive ruling from the higher courts.

    It’s abusive, and needs to stop.


  4. - @misterjayem - Friday, May 29, 20 @ 1:00 pm:

    “If/when Peter Breen loses in November, how great would be the trolling if “Breen, DeVore, and Associates” opened?”

    Not a chance — haven’t you heard that Republicans can’t stand needlessly litigious trial attorneys?

    Or have they done a 180 flip-flop on that too?

    – MrJM


  5. - Oswego Willy - Friday, May 29, 20 @ 1:01 pm:

    === Not a chance — haven’t you heard that Republicans can’t stand needlessly litigious trial attorneys?

    Or have they done a 180 flip-flop on that too?===

    After 2017, all bets are off.

    :)


  6. - JS Mill - Friday, May 29, 20 @ 1:02 pm:

    =Or have they done a 180 flip-flop on that too?=

    Maybe Mr. McSweeney could answer that?


  7. - Cubs in '16 - Friday, May 29, 20 @ 1:41 pm:

    ===They just wanted protection from the governor===

    This church thinks the governor is the enemy they need protection from. They must be cool with the virus.


  8. - Dotnonymous - Friday, May 29, 20 @ 2:02 pm:

    Viruses remain apolitical…despite every attempt otherwise.


  9. - Ron Burgundy - Friday, May 29, 20 @ 2:29 pm:

    Normally, judges who think attorneys are abusing the judicial process and their time with such tactics would hold it against the attorney (but hopefully not their clients). In this case, however, it is clear the judge revels in the attention.


  10. - TheInvisibleMan - Friday, May 29, 20 @ 2:41 pm:

    ===judges who think attorneys are abusing the judicial process===

    Just FYI - this would be decided by the appellate or state supreme court, as far as sanctioning the behavior of both client and attorney.

    It’s called vexations litigation and the state supreme court has a specific rule for it. State courts have lists of attorneys with this sanction.

    Rule 137 sanction, if you want to read more.


  11. - VerySmallRocks - Friday, May 29, 20 @ 3:23 pm:

    It must be understood that frivolous lawsuits are not frivolous if they involve reactionary values.


  12. - Fire Plug - Friday, May 29, 20 @ 3:56 pm:

    How many lawsuits does DeVore have pending across Illinois? Seems his name is showing up in many County’s.


  13. - Lester Holt’s Mustache - Friday, May 29, 20 @ 4:00 pm:

    This lawsuit, in essence, demands that people be allowed to defy public health recommendations during a global pandemic in order to lay in a tanning bed for 20 minutes at a time. If that doesn’t encapsulate the US republican party in 2020, I don’t know what does


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