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No. 116335 RECEIVED
Appellate Court of Illinois, First District,
5
INTH AUG - 1 2013
E SUPREME COURT OF ILLINOIS
CLERK
CHICAGO
VALLEY FORGE INSURANCE )
COMPANY, ) On383 Motion for Supervisory Order to
) the Appellate Court of Illinois, First
Plaintiff-Appellee ) District with regard to No.: 1-13-0726 and
v. ) to the Circuit Court of Gook Countysy
) County Department, CHancery Biviston,
REC ENTERTAINMENT, INC. and ) Honorable Sophia Hall JudgesBresting
GORAN RAJSIC, ) with regard to No. 10 gH 27ae S
) EL SK
Defendant-Appellant-Movant ) 3 =
v. ) 2b =
) Zim
The Circuit Court of Cook County andthe —) R 4
)
)
)
Respondents
MOTION TO STRIKE MOTION FOR LEAVE TO FILE REPLY INSTANTER
Plaintiff-Appellee VALLEY FORGE INSURANCE COMPANY (“VALLEY FORGE”), by
and through its attorneys, LEWIS BRISBOIS BISGAARD & SMITH, LLP, objects to and moves to
strike Movant GORAN RAJSIC’s Motion for Leave to File Reply Instanter and the proposed reply
submitted therewith. In support of its motion, VALLEY FORGE states as follows:
1. Movant GORAN RAJSIC (“RAJSIC”) moves this Court for leave to reply to
VALLEY FORGE’s Response to his 383 Motion for Supervisory Order. In the first instance,
Illinois Supreme Court Rule 383 does not contemplate the filing of a reply.
2. In addition, RAJSIC’s proposed reply is simply a recapitulation of the arguments
made in its 383 Motion for Supervisory order, which it is again important to note, were not raised in
481 1-6623-5669.1the trial court before Judge Sophia Hall nor timely presented to the Illinois Court of Appeals for the
First District.
3. For example, RAJSIC again asserts that Judge Hall did not properly rule that his
Motion to Reconsider was untimely, arguing again that the December 10, 2012 file stamp on a copy
of his motion that is no where in the record is prima facie evidence of filing on that date. RAJSIC
also asserts that there is an explanation for why the record contains no motion stamped only on
December 10, 2012 stating that a possible explanation is that it was “lost, mislaid and misfiled.”
However, the fact of he matter is that neither the docket nor the record in this matter reflect any
filing on December 10, 2012, but only an untimely filing on December 11, 2012. The absence of
any indication in the record that the RAJSIC’s Motion to Reconsider was timely filed is sufficient to
overcome whatever weight should be accorded a motion bearing only a December 10, 2013 file
stamp which appears no where in the record.
4. More importantly, however, RAJSIC, though given adequate opportunity to make this
argument to Judge Hall, never made any argument opposing VALLEY FORGE’s motion to strike
the Motion to Reconsider as untimely. Moreover, RAJSIC did not timely make this argument before
the First District, failing to respond to VALLEY FORGE’s Motion to Dismiss Appeal before that
Court. Having failed to preserve any of the arguments he now presents, RAJSIC cannot present seek
review of those arguments before this Court.
5. RAJSIC also attempts to take issue with VALLEY FORGE’S assertion in its
Response that his counsel represented to the clerk that the Motion to Reconsider filed on December
11, 2012 was a “1562 Vacate Order,” stating that VALLEY FORGE has “absolutely no evidentiary
basis for that claim.” However, Exhibit D to VALLEY FORGE’S Response (erroneously referred
to in the Response as Exhibit B (fn. 1) clearly shows in the document titled “Spindled Motion Form”
4811-6623-5669.1 2that RAJSIC’s counsel, Nicholas Duric, represented that the motion was a “1562 Vacate Order,”
having checked the box next to that description.
6. RAJSIC also accuses VALLEY FORGE of attempting to confuse this Court when it
asserts that RAJSIC submitted a claim for $1,469,387.80, stating that this is “misleading” and a
“knowing distortion.” In fact, it was Judge Hall’s specific finding that the value of the property that
RAJSIC attempted to obtain from VALLEY FORGE in his false claim was $1,469,387.80.
Response, Exhibit A, paragraph 1. While RAJSIC may disagree with this conclusion, it was
nevertheless the finding of the trial court.
7. In short, RAJSIC is attempting to file a brief not contemplated by II1.S.Ct. Rule 383
which makes arguments that were either never made at the trial level or are contrary to the facts in
the record. He does this in an attempt to use III.S.Ct. Rule 383 as a vehicle to excuse his own failure
to timely raise these arguments and to otherwise comply with the administrative and jurisdictional
Rules of this Court. This attempt to obtain this Court’s intervention should be rejected.
Wherefore, Plaintiff-Appellee VALLEY FORGE INSURANCE COMPANY prays that this
Honorable Court deny Defendant-Appellant-Movant’s Motion for Leave to File Reply Jnstanter and
that it strike RAJSIC’S proposed Reply.
4811-6623-5669.1 3Zacarias R. Chacon
Leena Soni
Alice Ye
Lewis Brisbois Bisgaard & Smith, LLP
550 West Adams Street, Suite 300
Chicago, IL 60661
3123.345.1718
Firm ID 41737
4811-6623-5669.1116335
IN THE SUPREME COURT OF ILLINOIS
VALLEY FORGE INSURANCE )
COMPANY, ) On 383 Motion for Supervisory Order to
) the Appellate Court of Illinois, First
Plaintiff-Appellee-Respondent ) District, No.: 1-13-0726
v. )
) Form an appeal from the Circuit Court of
REC ENTERTAINMENT, INC. and ) Cook County, County Department,
GORAN RAJSIC, ) Chancery Division,
) Honorable Sophia Hall, Judge Presiding
Defendant-Appellant-Movant ) No. 10 CH 29754 -
)
NOTICE OF FILING
TO: SERVICE LIST
PLEASE TAKE NOTICE that on August 1, 2013, the undersigned filed the original and
five copies of the PLAINTIFF-APPELLEES’ VALLEY FORGE INSURANCE COMPANY’S
MOTION TO STRIKE MOTION FOR LEAVE TO FILE REPLY INSTANTER with the Clerk
of the Supreme Court of Illinois, of which are hereby served upon you.
Respectfully submitted,
vey FORGE INSURANCE COMPANY __-
Zacarias R. Chacon ,- !
Leena Soni \ |
Alice Ye \ /
Lewis Brisbois Bisgaard & Smith LLP. /
550 W. Adams Street, Suite 300 NS /
Chicago, IL 60661 * J
Phone: 312.345.1718/Fax: 312.345.1778
4825-6418-5621.1CERTIFICATE OF SERVICE BY MAIL
The undersigned, an attorney, on oath, certifies that on August 1, 2013, he served a copy
of the above Notice of Filing with the documents described therein by depositing same in the
U.S. Mail at 550 West Adams, Chicago, IL, properly addressed? ‘the persons listed in the
attached service list, with proper postage prepaid, at or before thie Hi Aor 5:00 p.m.
i
i
Zacarias R. Chacon
: i
4825-6418-5621.1VALLEY FORGE INSURANCE
COMPANY,
Plaintiff-Appellee-Respondent
v.
REC ENTERTAINMENT, INC. and
GORAN RAJSIC,
Defendant-Appellant-Movant
SERVICE LIST
On 383 Motion for Supervisory Order to
the Appellate Court of Illinois, First
District, No.: 1-13-0726
Form an appeal from the Circuit Court of
Cook County, County Department,
Chancery Division,
Honorable Sophia Hall, Judge Presiding
No. 10 CH 29754
eee
Nicholas M. Duric
1644 North Damen Avenue
Chicago, Illinois 60647
Ann. O’Connell, Esq.
1218 West Northwest Highway
Palatine, IL 60067
Honorable Thomas L. Kilbride, Chief Justice Honorable Charles E. Freeman
1819 Fourth Avenue
Rock Island, IL 61201
160 N. LaSalle, 20" Floor
Chicago, IL 60601
Honorable Anne M. Burke
160 N. LaSalle, 20" Floor
Chicago, IL 60601
Honorable Mary Jane Theis
160 N. LaSalle, 20 Floor
Chicago, IL 60601
Honorable Robert R. Thomas
1776 S. Naperville Road
Building A, Suite 207
Wheaton, IL 61089
Honorable Rita B. Garman
3607 N. Vilmilion
Suite 1
Danville, IL 61832
Honorable Lloyd A. Karmeier
1100 S. Mill Street
P.O. Box 266
Nashville, IL 62263
Cook County Circuit Court
Richard J. Daley Center, Room 1001
50 West Washington Street
Chicago, Illinois 60602
Appellate Court 1* District
160 N. LaSalle Street
Chicago, IL 60601
4849-7957-0196.1No. 116335
IN THE SUPREME COURT OF ILLINOIS
VALLEY FORGE INSURANCE )
COMPANY, ) On 383 Motion for Supervisory Order to
) the Appellate Court of Illinois, First
Plaintiff-Appellee ) District with regard to No.: 1-13-0726 and
v. ) to the Circuit Court of Cook County,
) County Department, Chancery Division,
REC ENTERTAINMENT, INC. and } Honorable Sophia Hall, Judge Presiding
GORAN RAJSIC, ) with regard to No. 10 CH 29754
)
Defendant-Appellant-Movant )
v. )
)
The Circuit Court of Cook County andthe _ )
Appellate Court of Illinois, First District, )
)
Respondents )
ORDER
On Motion of Plaintiff-Appellee VALLEY FORGE INSURANCE COMPANY to strike
Movant GORAN RAJSIC’s Motion for Leave to File Reply Jnstanter:
IT IS HEREBY ORDERED that Motion to Strike Motion for Leave to File Reply Jnstanter is
GRANTED: DENIED:
Dated » 2013
Justice
Justice
Justice
4819-1197-1349.1Zacarias R. Chacon
Leena Soni
Alice Ye
Lewis Brisbois Bisgaard & Smith, LLP
550 West Adams Street, Suite 300
Chicago, IL 60661
3123.345.1718
Firm ID 41737
4819-1197-1349.1
Justice
Justice
Justice
Justice
Preview
No. 116335 RECEIVED Appellate Court of Illinois, First District, 5 INTH AUG - 1 2013 E SUPREME COURT OF ILLINOIS CLERK CHICAGO VALLEY FORGE INSURANCE ) COMPANY, ) On383 Motion for Supervisory Order to ) the Appellate Court of Illinois, First Plaintiff-Appellee ) District with regard to No.: 1-13-0726 and v. ) to the Circuit Court of Gook Countysy ) County Department, CHancery Biviston, REC ENTERTAINMENT, INC. and ) Honorable Sophia Hall JudgesBresting GORAN RAJSIC, ) with regard to No. 10 gH 27ae S ) EL SK Defendant-Appellant-Movant ) 3 = v. ) 2b = ) Zim The Circuit Court of Cook County andthe —) R 4 ) ) ) Respondents MOTION TO STRIKE MOTION FOR LEAVE TO FILE REPLY INSTANTER Plaintiff-Appellee VALLEY FORGE INSURANCE COMPANY (“VALLEY FORGE”), by and through its attorneys, LEWIS BRISBOIS BISGAARD & SMITH, LLP, objects to and moves to strike Movant GORAN RAJSIC’s Motion for Leave to File Reply Instanter and the proposed reply submitted therewith. In support of its motion, VALLEY FORGE states as follows: 1. Movant GORAN RAJSIC (“RAJSIC”) moves this Court for leave to reply to VALLEY FORGE’s Response to his 383 Motion for Supervisory Order. In the first instance, Illinois Supreme Court Rule 383 does not contemplate the filing of a reply. 2. In addition, RAJSIC’s proposed reply is simply a recapitulation of the arguments made in its 383 Motion for Supervisory order, which it is again important to note, were not raised in 481 1-6623-5669.1the trial court before Judge Sophia Hall nor timely presented to the Illinois Court of Appeals for the First District. 3. For example, RAJSIC again asserts that Judge Hall did not properly rule that his Motion to Reconsider was untimely, arguing again that the December 10, 2012 file stamp on a copy of his motion that is no where in the record is prima facie evidence of filing on that date. RAJSIC also asserts that there is an explanation for why the record contains no motion stamped only on December 10, 2012 stating that a possible explanation is that it was “lost, mislaid and misfiled.” However, the fact of he matter is that neither the docket nor the record in this matter reflect any filing on December 10, 2012, but only an untimely filing on December 11, 2012. The absence of any indication in the record that the RAJSIC’s Motion to Reconsider was timely filed is sufficient to overcome whatever weight should be accorded a motion bearing only a December 10, 2013 file stamp which appears no where in the record. 4. More importantly, however, RAJSIC, though given adequate opportunity to make this argument to Judge Hall, never made any argument opposing VALLEY FORGE’s motion to strike the Motion to Reconsider as untimely. Moreover, RAJSIC did not timely make this argument before the First District, failing to respond to VALLEY FORGE’s Motion to Dismiss Appeal before that Court. Having failed to preserve any of the arguments he now presents, RAJSIC cannot present seek review of those arguments before this Court. 5. RAJSIC also attempts to take issue with VALLEY FORGE’S assertion in its Response that his counsel represented to the clerk that the Motion to Reconsider filed on December 11, 2012 was a “1562 Vacate Order,” stating that VALLEY FORGE has “absolutely no evidentiary basis for that claim.” However, Exhibit D to VALLEY FORGE’S Response (erroneously referred to in the Response as Exhibit B (fn. 1) clearly shows in the document titled “Spindled Motion Form” 4811-6623-5669.1 2that RAJSIC’s counsel, Nicholas Duric, represented that the motion was a “1562 Vacate Order,” having checked the box next to that description. 6. RAJSIC also accuses VALLEY FORGE of attempting to confuse this Court when it asserts that RAJSIC submitted a claim for $1,469,387.80, stating that this is “misleading” and a “knowing distortion.” In fact, it was Judge Hall’s specific finding that the value of the property that RAJSIC attempted to obtain from VALLEY FORGE in his false claim was $1,469,387.80. Response, Exhibit A, paragraph 1. While RAJSIC may disagree with this conclusion, it was nevertheless the finding of the trial court. 7. In short, RAJSIC is attempting to file a brief not contemplated by II1.S.Ct. Rule 383 which makes arguments that were either never made at the trial level or are contrary to the facts in the record. He does this in an attempt to use III.S.Ct. Rule 383 as a vehicle to excuse his own failure to timely raise these arguments and to otherwise comply with the administrative and jurisdictional Rules of this Court. This attempt to obtain this Court’s intervention should be rejected. Wherefore, Plaintiff-Appellee VALLEY FORGE INSURANCE COMPANY prays that this Honorable Court deny Defendant-Appellant-Movant’s Motion for Leave to File Reply Jnstanter and that it strike RAJSIC’S proposed Reply. 4811-6623-5669.1 3Zacarias R. Chacon Leena Soni Alice Ye Lewis Brisbois Bisgaard & Smith, LLP 550 West Adams Street, Suite 300 Chicago, IL 60661 3123.345.1718 Firm ID 41737 4811-6623-5669.1116335 IN THE SUPREME COURT OF ILLINOIS VALLEY FORGE INSURANCE ) COMPANY, ) On 383 Motion for Supervisory Order to ) the Appellate Court of Illinois, First Plaintiff-Appellee-Respondent ) District, No.: 1-13-0726 v. ) ) Form an appeal from the Circuit Court of REC ENTERTAINMENT, INC. and ) Cook County, County Department, GORAN RAJSIC, ) Chancery Division, ) Honorable Sophia Hall, Judge Presiding Defendant-Appellant-Movant ) No. 10 CH 29754 - ) NOTICE OF FILING TO: SERVICE LIST PLEASE TAKE NOTICE that on August 1, 2013, the undersigned filed the original and five copies of the PLAINTIFF-APPELLEES’ VALLEY FORGE INSURANCE COMPANY’S MOTION TO STRIKE MOTION FOR LEAVE TO FILE REPLY INSTANTER with the Clerk of the Supreme Court of Illinois, of which are hereby served upon you. Respectfully submitted, vey FORGE INSURANCE COMPANY __- Zacarias R. Chacon ,- ! Leena Soni \ | Alice Ye \ / Lewis Brisbois Bisgaard & Smith LLP. / 550 W. Adams Street, Suite 300 NS / Chicago, IL 60661 * J Phone: 312.345.1718/Fax: 312.345.1778 4825-6418-5621.1CERTIFICATE OF SERVICE BY MAIL The undersigned, an attorney, on oath, certifies that on August 1, 2013, he served a copy of the above Notice of Filing with the documents described therein by depositing same in the U.S. Mail at 550 West Adams, Chicago, IL, properly addressed? ‘the persons listed in the attached service list, with proper postage prepaid, at or before thie Hi Aor 5:00 p.m. i i Zacarias R. Chacon : i 4825-6418-5621.1VALLEY FORGE INSURANCE COMPANY, Plaintiff-Appellee-Respondent v. REC ENTERTAINMENT, INC. and GORAN RAJSIC, Defendant-Appellant-Movant SERVICE LIST On 383 Motion for Supervisory Order to the Appellate Court of Illinois, First District, No.: 1-13-0726 Form an appeal from the Circuit Court of Cook County, County Department, Chancery Division, Honorable Sophia Hall, Judge Presiding No. 10 CH 29754 eee Nicholas M. Duric 1644 North Damen Avenue Chicago, Illinois 60647 Ann. O’Connell, Esq. 1218 West Northwest Highway Palatine, IL 60067 Honorable Thomas L. Kilbride, Chief Justice Honorable Charles E. Freeman 1819 Fourth Avenue Rock Island, IL 61201 160 N. LaSalle, 20" Floor Chicago, IL 60601 Honorable Anne M. Burke 160 N. LaSalle, 20" Floor Chicago, IL 60601 Honorable Mary Jane Theis 160 N. LaSalle, 20 Floor Chicago, IL 60601 Honorable Robert R. Thomas 1776 S. Naperville Road Building A, Suite 207 Wheaton, IL 61089 Honorable Rita B. Garman 3607 N. Vilmilion Suite 1 Danville, IL 61832 Honorable Lloyd A. Karmeier 1100 S. Mill Street P.O. Box 266 Nashville, IL 62263 Cook County Circuit Court Richard J. Daley Center, Room 1001 50 West Washington Street Chicago, Illinois 60602 Appellate Court 1* District 160 N. LaSalle Street Chicago, IL 60601 4849-7957-0196.1No. 116335 IN THE SUPREME COURT OF ILLINOIS VALLEY FORGE INSURANCE ) COMPANY, ) On 383 Motion for Supervisory Order to ) the Appellate Court of Illinois, First Plaintiff-Appellee ) District with regard to No.: 1-13-0726 and v. ) to the Circuit Court of Cook County, ) County Department, Chancery Division, REC ENTERTAINMENT, INC. and } Honorable Sophia Hall, Judge Presiding GORAN RAJSIC, ) with regard to No. 10 CH 29754 ) Defendant-Appellant-Movant ) v. ) ) The Circuit Court of Cook County andthe _ ) Appellate Court of Illinois, First District, ) ) Respondents ) ORDER On Motion of Plaintiff-Appellee VALLEY FORGE INSURANCE COMPANY to strike Movant GORAN RAJSIC’s Motion for Leave to File Reply Jnstanter: IT IS HEREBY ORDERED that Motion to Strike Motion for Leave to File Reply Jnstanter is GRANTED: DENIED: Dated » 2013 Justice Justice Justice 4819-1197-1349.1Zacarias R. Chacon Leena Soni Alice Ye Lewis Brisbois Bisgaard & Smith, LLP 550 West Adams Street, Suite 300 Chicago, IL 60661 3123.345.1718 Firm ID 41737 4819-1197-1349.1 Justice Justice Justice Justice