{ "id": 910222, "name": "THE PEOPLE OF THE STATE OF ILLINOIS et al., Plaintiffs-Appellants, v. NL INDUSTRIES, INC., et al., Defendants-Appellees", "name_abbreviation": "People v. NL Industries, Inc.", "decision_date": "1998-06-02", "docket_number": "No. 1\u201497\u20143463", "first_page": "297", "last_page": "303", "citations": [ { "type": "official", "cite": "297 Ill. App. 3d 297" } ], "court": { "name_abbreviation": "Ill. App. Ct.", "id": 8837, "name": "Illinois Appellate Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "666 N.E.2d 726", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1996, "opinion_index": 0 }, { "cite": "281 Ill. App. 3d 832", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 150209 ], "year": 1996, "pin_cites": [ { "page": "839" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/281/0832-01" ] }, { "cite": "652 N.E.2d 1108", "category": "reporters:state_regional", "reporter": "N.E.2d", "weight": 2, "year": 1995, "opinion_index": 0 }, { "cite": "273 Ill. App. 3d 830", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 258597 ], "weight": 9, "year": 1995, "pin_cites": [ { "page": "836" }, { "page": "836" }, { "page": "836" }, { "page": "836" }, { "page": "836" }, { "page": "835" }, { "page": "836" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/273/0830-01" ] }, { "cite": "604 N.E.2d 349", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1992, "opinion_index": 0 }, { "cite": "152 Ill. 2d 82", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 5602963 ], "year": 1992, "opinion_index": 0, "case_paths": [ "/ill-2d/152/0082-01" ] }, { "cite": "578 N.E.2d 237", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1991, "opinion_index": 0 }, { "cite": "218 Ill. App. 3d 300", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 8498645 ], "year": 1991, "opinion_index": 0, "case_paths": [ "/ill-app-3d/218/0300-01" ] }, { "cite": "673 N.E.2d 717", "category": "reporters:state_regional", "reporter": "N.E.2d", "weight": 2, "year": 1996, "opinion_index": 0 }, { "cite": "284 Ill. App. 3d 1025", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 1260352 ], "weight": 4, "year": 1996, "pin_cites": [ { "page": "1028" }, { "page": "1028" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/284/1025-01" ] } ], "analysis": { "cardinality": 686, "char_count": 14661, "ocr_confidence": 0.784, "pagerank": { "raw": 7.908044938027906e-08, "percentile": 0.460888839465158 }, "sha256": "647bcac44ff11574033a09b0b6b1892da8b97b3f660efec14d75f64c80b7ac47", "simhash": "1:af3f75c459e61b63", "word_count": 2442 }, "last_updated": "2023-07-14T14:41:46.412422+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "THE PEOPLE OF THE STATE OF ILLINOIS et al., Plaintiffs-Appellants, v. NL INDUSTRIES, INC., et al., Defendants-Appellees." ], "opinions": [ { "text": "JUSTICE COUSINS\ndelivered the opinion of the court:\nPlaintiffs, the People of the State of Illinois and the Illinois Environmental Protection Agency, appeal from an order of the circuit court denying their motion to reinstate this civil action and to lift a stay of discovery against 13 defendants for alleged violations of the Environmental Protection Act (Ill. Rev. Stat. 1987, ch. 111\u00bd, par. 1001 et seq. (now 415 ILCS 5/1 et seq. (West 1994))). Plaintiffs\u2019 motion was brought after this court\u2019s decision in People v. NL Industries, Inc., 284 Ill. App. 3d 1025, 673 N.E.2d 717 (1996), in which we remanded the case to the trial court to allow plaintiffs to articulate their reasons for the delay in moving for reinstatement. On appeal, plaintiffs argue that the trial court abused its discretion by refusing to reinstate this case on the docket.\nBACKGROUND\nThis case began on December 27, 1988, with the filing of a five-count complaint by plaintiffs, the People of the State of Illinois and the Illinois Environmental Protection Agency (collectively hereinafter the State), against 13 defendants: NL Industries, Inc.; Artra Group, Inc.; John Harvey; Peter R. Harvey; American National Bank, as trustee under trust numbers 48495 and 55976; John Heckens; Goodwill Industries of Chicago and Cook County, Illinois; La Salle National Bank, as trustee under trust number 105679; M & T Enterprises, Inc.; Lavon Tarr; Martin S. Bieber; Randall Polk, individually and d/b/a Wrip Wrecking Co.; and Cole Taylor Bank Drovers No. 84141. The State sought cost recovery from the defendants in the amount of $2,270,000 for the pollution of an abandoned paint manufacturing facility on the south side of Chicago. In its complaint, the State sought compensation for the funds expended in cleaning up the facility, punitive damages, fees and costs and the imposition of civil fines against the defendants.\nAfter the complaint had been filed, the defendants secured a stay of discovery pending the resolution of certain motions to dismiss which had been filed or were to be filed. Defendant Artra Group, Inc. (AR-TRA), filed a motion to dismiss contending that the complaint should be dismissed due to the failure of the State to exhaust its administrative remedies before the Pollution Control Board. On April 7, 1989, the trial court granted ARTRA\u2019s motion to dismiss the case. The State appealed and this court affirmed the circuit court in People v. NL Industries, Inc., 218 Ill. App. 3d 300, 578 N.E.2d 237 (1991).\nThe State successfully sought leave to appeal to the Illinois Supreme Court. On October 1, 1992, in People v. NL Industries, 152 Ill. 2d 82, 604 N.E.2d 349 (1992), the supreme court held that the Pollution Control Board and the circuit court hold concurrent jurisdiction to hear cost-recovery actions and reversed the appellate and circuit courts. The supreme court remanded the action to the circuit court for further proceedings. The mandate of the supreme court was filed with the clerk of the circuit court of Cook County on December 16, 1992.\nOn September 9, 1993, the State filed a motion to lift stay of discovery. On October 20, 1993, the State filed a motion to reinstate the case pursuant to Supreme Court Rule 369(c) (134 Ill. 2d R. 369(c)). On December 20, 1993, Judge Richard L. Curry denied the motion to reinstate and dismissed the action with prejudice. In his 17-page opinion and order, Judge Curry noted, inter alia, that the State had failed to articulate any reason for the delay in reinstating the case and had, instead, argued that the right to reinstate under Supreme Court Rule 369(c) is absolute and mandates redocketing without any showing of due diligence.\nThe State appealed the dismissal. On February 14, 1996, this court affirmed the denial of the State\u2019s motion to reinstate the case. However, on November 13, 1996, a modified opinion was issued. In People v. NL Industries, Inc., 284 Ill. App. 3d 1025, 673 N.E.2d 717 (1996), we rejected the State\u2019s argument that it need not articulate a reason for its delay in reinstating the action and pointed out that an affirmative duty is placed upon a prevailing party on appeal to pursue its rights after the reviewing court\u2019s mandate has issued. NL Industries, Inc., 284 Ill. App. 3d at 1028. Citing National Underground Construction Co. v. E.A. Cox Co., 273 Ill. App. 3d 830, 652 N.E.2d 1108 (1995), we explained that a totality of the circumstances test must be applied in the examination of the failure of a party seeking reinstatement and that the prejudice to a party is certainly part of such an examination. NL Industries, Inc., 284 Ill. App. 3d at 1028. Accordingly, the case was remanded to the circuit court to \u201callow the State to articulate the reasons for the delay in moving for reinstatement.\u201d On April 16, 1997, the State presented its motion to reinstate the case on the docket and to lift the stay of discovery.\nOn August 11, 1997, \u00e1 hearing was held on the State\u2019s motion, after which Judge Lester Foreman denied the State\u2019s motion and dismissed the action with prejudice. The State appeals from that order.\nWe affirm.\nANALYSIS\nI\nThe State contends that the trial court abused its discretion by refusing to reinstate its case where the delay was explained and was reasonable. The State also argues that the trial court applied the wrong standards in determining whether to grant reinstatement. The State further argues that the trial court erred in adopting the former trial court\u2019s reasoning in toto. We disagree.\nSupreme Court Rule 369(c) provides:\n\u201cWhen the reviewing court remands the case for a new trial or hearing and the mandate is filed in the circuit court, the case shall be reinstated therein upon 10 days\u2019 notice to the adverse party.\u201d 134 Ill. 2d R. 369(c).\nWhen a case is remanded to the trial court and this court\u2019s mandate issues, a prevailing party must reinstate the cause pursuant to Rule 369(c) within a reasonable time. National Underground Construction Co. v. E.A. Cox Co., 273 Ill. App. 3d 830, 836, 652 N.E.2d 1108 (1995). In determining whether a party has reinstated a case within a reasonable time, a trial court should take into account the totality of the circumstances, particularly any reason proffered for undue delay. National, 273 Ill. App. 3d at 836; O\u2019Brien v. Meyer, 281 Ill. App. 3d 832, 839, 666 N.E.2d 726 (1996). We will review a trial court\u2019s determination in these matters for an abuse of discretion. National, 273 Ill. App. 3d at 836.\nThe record in the case sub judice reflects that, on September 9, 1993, the State filed a motion to lift the stay of discovery that had been entered at the case\u2019s inception. The actual motion to reinstate the case was not filed until October 20, 1993. The State argues that the nine-month delay between the filing of the supreme court\u2019s mandate to reinstate the case and the State\u2019s first attempt to revive the case was caused by \u201cserious time constraints under which Plaintiffs\u2019 counsel labored at the time, the need to set priorities and the desire not to begin the active litigation of the case until counsel assigned to it had sufficient time to do a diligent job.\u201d At the August 11, 1997, hearing before Judge Foreman, the State argued that, at the time the supreme court\u2019s mandate was issued, those assistant State\u2019s Attorneys assigned to the case already had full calendars. Assistant State\u2019s Attorney Frank Parkerson, who was lead counsel on the case, along with Assistant State\u2019s Attorney Jennifer Whitfield, were busy working on an extensive murder case that involved the criminal prosecution of three corporations and four corporate officers. In an attempt to coordinate litigation of this case with the other assistant State\u2019s Attorneys and their caseloads, the State decided, after researching the issue, that there was no definite time limit within which the case had to be refiled. The State maintained that no cases were found where a delay in refiling of less than a year had ever resulted in a denial of reinstatement. Thus, considering the caseloads, time constraints on other cases and other pressures under which counsel were operating in 1993, the State decided to impose a reasonable time standard upon itself in making a decision as to when the case should be reinstated and that a reasonable time should be between one year, preferably after the conclusion of other matters. In sum, the State argues on appeal that it was simply exercising justifiable case management prerogatives.\nDefendants, on the other hand, argue that the State\u2019s reasons were not justifiable. Defendants further argue that deposition testimony of plaintiffs\u2019 counsel indicates that the assistant State\u2019s Attorneys assigned to this case had the time to attend to this litigation, but chose to work on other cases instead.\nIn denying the State\u2019s motion the trial court stated in pertinent part:\n\u201cI have come to the conclusion that the articulation by the State\u2019s Attorney is insufficient to reinstate this matter. What has happened here both in the papers that have been filed and in the argument that I have heard that the State\u2019s Attorney\u2019s Office was involved with other matters of substance which [sic] unquestionably may have an obligation to consider, but as a consequence of the involvement in other matters; and therefore, seeing that reinstating this matter in a timely fashion would have involved the State\u2019s Attorney\u2019s Office in complications stemming from the reinstatement, the State\u2019s Attorney\u2019s office made the informed decision to withhold reinstating this case in what I consider to be a timely fashion because of the problems that would have been generated from a discovery standpoint if in fact the matter had been timely reinstated. *** [I]n my opinion, that is not a sufficient reason or a sufficient explanation for the conduct of the State\u2019s Attorney\u2019s Office ***. I unequivocally adopt in toto the reasoning expressed by Judge Curry\u2019s opinion in this matter. *** I think Judge Curry has expressed it far, far superior to what my ability would be; and for that reason, I adopt the language which he expressed in his opinion.\nI believe that I have not heard a sufficient reason, explanation, for the purpose of reinstating this matter. The State\u2019s Attorney\u2019s Office could have very easily filed the motion and then come before the court and asked for a delay. It could have explained to the Court at that time what other pending and competing matters existed and could have asked for a delay in discovery. That wasn\u2019t done.\nIn my opinion, this is not the way litigation is to be handled. I should not be confronted at this time with a case that was filed in 1988 irrespective of the fact that this matter did in fact involve Appellate considerations. ***\nI was impugned [sic] here with the obligation to consider the articulated reasons of the State\u2019s Attorney for its delay. In my opinion those reasons are unacceptable. They do not have substance; they are not a reasonable explanation of the conduct of the State\u2019s Attorney\u2019s Office of the size of the one that we\u2019re dealing with at the time of this matter.\u201d\nWe cannot say that the trial court erred in denying the State\u2019s motion to reinstate.\nThe State argues that its self-imposed time limit of one year seemed reasonable at the time based upon the then-existing case law. The State argues that a one-year delay was mentioned with approval in National Underground, 273 Ill. App. 3d 830, 652- N.E.2d 1108. This assertion is incorrect. In National, the plaintiff filed its motion to reinstate the case almost two years after the appellate court\u2019s mandate reversing summary judgment in favor of the defendant. The appellate court did not interpret Rule 369(c) as imposing a one-year time limit. Rather, the appellate court merely noted, in dicta, that, under section 88 of the former Civil Practice Act (Ill. Rev. Stat. 1965, ch. 110, par. 88), the party in an appeal had one year from the date of a decision of the appellate court to file the mandate in the circuit court. National, 273 Ill. App. 3d at 836. The current law, however, provides that when a case is remanded to the trial court and this court\u2019s mandate issues, a prevailing party must reinstate the cause pursuant to Rule 369(c) within a reasonable time. National, 273 Ill. App. 3d at 836.\nHere, looking at the totality of the circumstances and the facts, the State\u2019s proffered reasons for the delay are unacceptable despite the fact that the State moved to reinstate the case before the expiration of one year. As we stated in National, there is \u201cno reason why under Rule 369(c) *** a party should have unlimited time to assert its rights simply because Rule 369(c) does not contain an express time limitation.\u201d National, 273 Ill. App. 3d at 835. Furthermore, to interpret Rule 369(c) as providing parties an ever-open window to reinstate a case would thwart the purpose of practice rules, which were initially adopted to facilitate the orderly and expeditious disposition of litigation. National, 273 Ill. App. 3d at 836. Accordingly, we cannot say that the trial court erred in denying the State\u2019s motion to reinstate the case.\nFurthermore, we reject the State\u2019s argument that the trial court abused its discretion in applying the wrong standard in reviewing the State\u2019s arguments and by adopting Judge Curry\u2019s reasoning in toto. Our review of the record indicates that the trial court reviewed the written and oral arguments of the parties, including Goodwill\u2019s assertion that it would be prejudiced by reinstatement of the case. The trial court then conducted its own independent review of the State\u2019s proffered reasons for the delay and specifically stated that it was following the instructions given by this court. In our view, the trial court denied the State\u2019s motion after thoroughly considering the facts before it, in addition to considering Judge Curry\u2019s reasoning.\nFor the foregoing reasons, the judgment of the circuit court is affirmed.\nAffirmed.\nMcNULTY, EJ., and RAKOWSKI, J., concur.", "type": "majority", "author": "JUSTICE COUSINS" } ], "attorneys": [ "Richard A. Devine, State\u2019s Attorney, of Chicago (Robert Ruiz, Jennifer A. Whitfield, and Frank J. Parkerson, Assistant State\u2019s Attorneys, of counsel), for appellants.", "Robert J. Zaideman and David R. Nordwall, both of Epstein, Zaideman & Esrig, P.C., and Kenneth E. Rechtoris and Maureen Ward Kirby, both of Bell, Boyd & Lloyd, both of Chicago, and Marcus A. Martin and Bartlit Beck Herman, both of Palenchar & Scott, of Denver, Colorado, for appellees." ], "corrections": "", "head_matter": "THE PEOPLE OF THE STATE OF ILLINOIS et al., Plaintiffs-Appellants, v. NL INDUSTRIES, INC., et al., Defendants-Appellees.\nFirst District (2nd Division)\nNo. 1\u201497\u20143463\nOpinion filed June 2, 1998.\nRichard A. Devine, State\u2019s Attorney, of Chicago (Robert Ruiz, Jennifer A. Whitfield, and Frank J. Parkerson, Assistant State\u2019s Attorneys, of counsel), for appellants.\nRobert J. Zaideman and David R. Nordwall, both of Epstein, Zaideman & Esrig, P.C., and Kenneth E. Rechtoris and Maureen Ward Kirby, both of Bell, Boyd & Lloyd, both of Chicago, and Marcus A. Martin and Bartlit Beck Herman, both of Palenchar & Scott, of Denver, Colorado, for appellees." }, "file_name": "0297-01", "first_page_order": 315, "last_page_order": 321 }