{ "id": 637068, "name": "MICHAEL R. BLUMHORST, Plaintiff-Appellee, v. THE DEPARTMENT OF EMPLOYMENT SECURITY, Board of Review, et al., Defendants-Appellants", "name_abbreviation": "Blumhorst v. Department of Employment Security", "decision_date": "2002-12-12", "docket_number": "No. 4 \u2014 02 \u2014 0038", "first_page": "1075", "last_page": "1079", "citations": [ { "type": "official", "cite": "335 Ill. App. 3d 1075" } ], "court": { "name_abbreviation": "Ill. App. Ct.", "id": 8837, "name": "Illinois Appellate Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "622 N.E.2d 50", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1993, "pin_cites": [ { "page": "52" } ], "opinion_index": 0 }, { "cite": "251 Ill. App. 3d 604", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 2960135 ], "year": 1993, "pin_cites": [ { "page": "606" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/251/0604-01" ] }, { "cite": "714 N.E.2d 486", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1999, "pin_cites": [ { "page": "489" } ], "opinion_index": 0 }, { "cite": "186 Ill. 2d 554", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 243879 ], "year": 1999, "pin_cites": [ { "page": "559-60" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/186/0554-01" ] }, { "cite": "668 N.E.2d 214", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1996, "pin_cites": [ { "page": "218" } ], "opinion_index": 0 }, { "cite": "282 Ill. App. 3d 394", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 159533 ], "year": 1996, "pin_cites": [ { "page": "399-400" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/282/0394-01" ] }, { "cite": "619 N.E.2d 732", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1993, "pin_cites": [ { "page": "735" } ], "opinion_index": 0 }, { "cite": "156 Ill. 2d 112", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 777542 ], "year": 1993, "pin_cites": [ { "page": "116" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/156/0112-01" ] }, { "cite": "549 N.E.2d 1266", "category": "reporters:state_regional", "reporter": "N.E.2d", "weight": 2, "year": 1990, "pin_cites": [ { "page": "1268", "parenthetical": "\"[A] litigant must show a good-faith effort to *** secure issuance of summons within the 35 days in order to avoid dismissal\"" }, { "page": "1268" } ], "opinion_index": 0 }, { "cite": "133 Ill. 2d 349", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 3260081 ], "weight": 2, "year": 1990, "pin_cites": [ { "page": "355", "parenthetical": "\"[A] litigant must show a good-faith effort to *** secure issuance of summons within the 35 days in order to avoid dismissal\"" }, { "page": "355" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/133/0349-01" ] }, { "cite": "773 N.E.2d 47", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 2002, "pin_cites": [ { "page": "51" } ], "opinion_index": 0 }, { "cite": "331 Ill. App. 3d 531", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 1209180 ], "year": 2002, "pin_cites": [ { "page": "535" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/331/0531-01" ] } ], "analysis": { "cardinality": 443, "char_count": 8014, "ocr_confidence": 0.753, "pagerank": { "raw": 4.03580807328026e-08, "percentile": 0.022540310265193066 }, "sha256": "7495fcca41b1cec46d085b70c7f408d0c3ed48321daa4d5883b6de84fc637b17", "simhash": "1:01fe34f64b8b8a8c", "word_count": 1318 }, "last_updated": "2023-07-14T21:04:10.004592+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "MICHAEL R. BLUMHORST, Plaintiff-Appellee, v. THE DEPARTMENT OF EMPLOYMENT SECURITY, Board of Review, et al., Defendants-Appellants." ], "opinions": [ { "text": "JUSTICE APPLETON\ndelivered the opinion of the court:\nPlaintiff, Michael R. Blumhorst, filed a claim for unemployment benefits. The Illinois Department of Employment Security (Department) denied his claim, whereupon he filed an administrative appeal, which the Department\u2019s board of review (board) denied. He then filed this action for administrative review, naming as defendants the Department, its Director, the board, and each member of the board. Defendants filed a motion to dismiss the complaint pursuant to section 2 \u2014 619 of the Code of Civil Procedure (735 ILCS 5/2 \u2014 619 (West 2000)) on the ground that plaintiff had failed to obtain the issuance of summonses within 35 days after the board\u2019s decision, as section 3 \u2014 103 of the Administrative Review Law (735 ILCS 5/3 \u2014 103 (West 2000)) required. The circuit court denied the motion and reversed the board\u2019s decision. Defendants appeal, arguing (1) the circuit court erred in denying their motion to dismiss and (2) the board\u2019s decision was not clearly erroneous. Because we agree with the first contention, we need not consider the second. We reverse the circuit court\u2019s judgment.\nI. BACKGROUND\nOn May 23, 2000, plaintiff lost his job at EPL Bio-Analytical Services in Harristown, Illinois, because of a change of ownership. He filed a claim for unemployment benefits for the period of June 15 through July 8, 2000. The Department denied his claim, and plaintiff filed an administrative appeal. On January 29, 2001, the board issued a final decision denying the appeal.\nThe decision stated that it was \u201c[d]ated and Mailed on [January] 29, 2001.\u201d Immediately under that mailing date was a section entitled \u201cNotice Of Rights For Further Review By The Courts,\u201d which stated: \u201cIf you are aggrieved and want to appeal, you must file a complaint for administrative review and have summons issued in circuit court within 35 days from the above mailing date.\u201d (Emphasis in original.)\nOn March 2, 2001, defendant filed a complaint for administrative review. On March 14, 2001, the clerk of the circuit court issued summonses to defendants, and plaintiff served the summonses by certified mail. In their motion to dismiss, defendants argued that plaintiff\u2019s failure to have summonses issued and served on the board or its members during the 35-day period after the board\u2019s final decision barred the action for administrative review. A docket entry for July 9, 2001, indicates that the parties appeared in a hearing on the motion. After \u201c[arguments [were] heard,\u201d the circuit court took the motion under advisement.\nThe docket entry for July 10, 2001, says:\n\u201cThe [c]ourt has considered the pleadings on file, oral arguments of the parties, as well as the applicable statutory and case authority. *** There is no dispute that the [p]laintiff filed the [c]omplaint for [a]dministrative [r]eview within the requisite 35-day period; however, summonses were not issued by the [c]ircuit [cjlerk\u2019s [o]f-fice within the requisite 35-day period as required by [section 3 \u2014 103 of the Administrative Review Law (735 ILCS 5/3 \u2014 103 (West 2000))] ***. ***\nThe [c]ourt notes that the [p]laintiff is proceeding pro se, and that he did in fact have summonses signed by the [c]ircuit [c]lerk\u2019s [o]ffice ***.\n*** The [c]ourt finds that the [p]laintiff has shown a good[-]faith effort to have summonses issued within the 35-day statutory period so as to warrant relaxation of the filing period ***. [Defendants\u2019] Motion to [d]ismiss is [denied]. The [c]ourt finds that the summonses were timely issued[ ] and that the [defendants have clearly received timely notice of the fifing of this [c]omplaint.\u201d\nOn December 13, 2001, the circuit court set aside the board\u2019s decision. This appeal followed.\nII. ANALYSIS\nWe review de novo the trial court\u2019s ruling on defendants\u2019 motion to dismiss. Towne Realty, Inc. v. Shaffer, 331 Ill. App. 3d 531, 535, 773 N.E.2d 47, 51 (2002).\nSection 1100 of the Unemployment Insurance Act (820 ILCS 405/1100 (West 2000)) provides: \u201cAny decision of the [b]oard of [r]eview *** shall be reviewable only under and in accordance with the provisions of the Administrative Review Law\u201d (735 ILCS 5/3 \u2014 101 through 3 \u2014 112 (West 2000)).\nSection 3 \u2014 103 of the Administrative Review Law provides:\n\u201cEvery action to review a final administrative decision shall be commenced by the filing of a complaint and the issuance of summons within 35 days from the date that a copy of the decision sought to be reviewed was served upon the party affected [thereby]. * * *\nThe method of service of the decision shall be as provided in the Act governing the procedure before the administrative agency, but if no method is provided, a decision shall be deemed to have been served either when a copy of the decision is personally delivered or when a copy of the decision is deposited in the United States mail, in a sealed envelope or package, with postage prepaid, addressed to the party affected by the decision at his or her last known residence or place of business.\u201d 735 ILCS 5/3 \u2014 103 (West 2000).\nThe parties agree that the board served its final decision upon plaintiff on January 29, 2001. Defendants came forward with evidence that the circuit clerk issued the summonses more than 35 days after service of the board\u2019s decision. The burden shifted to plaintiff to come forward with evidence that he attempted, in good faith, to obtain the issuance of the summonses within the 35-day period. See Lockett v. Chicago Police Board, 133 Ill. 2d 349, 355, 549 N.E.2d 1266, 1268 (1990) (\u201c[A] litigant must show a good-faith effort to *** secure issuance of summons within the 35 days in order to avoid dismissal\u201d). Plaintiff had to come forward with evidence that would have been admissible in opposing a motion for summary judgment (see Kedzie & 103rd Currency Exchange, Inc. v. Hodge, 156 Ill. 2d 112, 116, 619 N.E.2d 732, 735 (1993)), e.g., pleadings or other admissions by defendants, affidavits, or testimony (see O\u2019Rourke v. Access Health, Inc., 282 Ill. App. 3d 394, 399-400, 668 N.E.2d 214, 218 (1996)).\nThe record does not appear to indicate that plaintiff presented any such evidence. According to the docket entry of July 7, 2001, in the hearing on defendants\u2019 motion to dismiss, the circuit court \u201cheard\u201d only \u201carguments\u201d by the parties. According to the docket entry of July 10, 2001, when ruling on the motion, the court considered only \u201cthe pleadings on file, oral arguments of the parties, as well as the applicable statutory and case authority.\u201d In an action for administrative review, the clerk of the circuit court \u201cshall issue summons upon request of the plaintiff.\u201d (Emphasis added.) 735 ILCS 5/2 \u2014 201(a) (West 2000). There does not appear to be any evidence that plaintiff requested the issuance of summonses prior to March 14, 2001. Merely assuming that the clerk will issue a summons does not qualify as a good-faith effort to obtain the issuance of the summons. Carver v. Nall, 186 Ill. 2d 554, 559-60, 714 N.E.2d 486, 489 (1999).\nIssuance of the summons within 35 days is not a jurisdictional requirement, but it is mandatory. Lockett, 133 Ill. 2d at 355, 549 N.E.2d at 1268. Because plaintiff failed to come forward with evidence of a good-faith effort to obtain the issuance of the summonses within 35 days after the board served its decision upon him, the circuit court erred in denying defendants\u2019 motion to dismiss. See Johnson v. Department of Public Aid, 251 Ill. App. 3d 604, 606, 622 N.E.2d 50, 52 (1993).\nIII. CONCLUSION\nFor the foregoing reasons, we reverse the circuit court\u2019s judgment.\nReversed.\nKNECHT and McCULLOUGH, JJ, concur.", "type": "majority", "author": "JUSTICE APPLETON" } ], "attorneys": [ "James E. Ryan, Attorney General, of Chicago (Joel D. Bertocchi, Solicitor General, and Erik G. Light, Assistant Attorney General, of counsel), for appellants.", "Michael R. Blumhorst, of Forsyth, for appellee." ], "corrections": "", "head_matter": "MICHAEL R. BLUMHORST, Plaintiff-Appellee, v. THE DEPARTMENT OF EMPLOYMENT SECURITY, Board of Review, et al., Defendants-Appellants.\nFourth District\nNo. 4 \u2014 02 \u2014 0038\nOpinion filed December 12, 2002.\nJames E. Ryan, Attorney General, of Chicago (Joel D. Bertocchi, Solicitor General, and Erik G. Light, Assistant Attorney General, of counsel), for appellants.\nMichael R. Blumhorst, of Forsyth, for appellee." }, "file_name": "1075-01", "first_page_order": 1093, "last_page_order": 1097 }