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Citations: N. Docket : Judges: South. Pontikes, Robert A. Egan, Chicago, IL, for Appellant. Richard G. Schoenstadt, Michael A. Vesta va adult personals, Zubin S. West Schenectady prostitute undisputed facts reveal the following.
JHFWare Illinois corporations wm seeking petite san francisco california f both engage in the business of wine auctioning. Accordingly, on October 21,the South asian girls fuck buddy Department of Professional Regulation Department sent Kensington a cease-and-desist letter in which it ordered Kensington to stop conducting auctions until it received the necessary to do so.
Kensington complied with the Department's order and ceased its und auction activities. This agreement was embodied in a consent order pursuant to the Auction Act. Shortly thereafter, on August 31,Kensington received its auction. In its complaint, Kensington alleged that defendants entered into various conment agreements when they were und and planned to seekinh the wine they logan lethbridge escorts from those agreements in upcoming auctions.
Since Kensington initiated the action in its own name, defendants alleged it lacked standing to obtain an injunction under the Auction Act. On October 27,the trial court dismissed Kensington's complaint and denied its emergency motion seeking a temporary restraining order, finding it had no standing to obtain the requested relief under the Auction Act and "failed to show the existence of any escorts indy the requisite elements for the entry of such relief.
Kensington responded by filing a motion for leave to take discovery and expedite discovery on November 9, Thereafter, finw filed its first amended complaint on November 17, Winee also filed an emergency motion to "Set Motion for Preliminary Injunction For Hearing" in an attempt to en defendants' next auction scheduled for December 1, A hearing on the motion was scheduled for November 22,which was the same date the parties were scheduled to conduct a hearing on Kensington's ly filed discovery motion.
In the petition, Kensington alleged that Moses established an attorney-client relationship with Female escort michigan Puccini, a business consultant to Kensington, prior to representing defendants. Kensington argued that Moses's continued representation of defendants constituted a violation of Rule 1.
In its motion, defendants denied they entered into any conment contracts while they were und, the proceeds of which were set to be sold at seking auctions. Defendants also contended that all issues pertaining to any of its und activities were already resolved by a consent order entered by the Ffine, and thus the Deceptive Practices Act did not apply.
Defendants supported their motion to dismiss with two affidavits. Paul Hart, president of JHFW, completed an affidavit in which he averred that the wine which defendants were planning to sell at the upcoming auction was not the product of agreements that had been entered into while defendants were und. Specifically, he averred: "my was issued on July 31, and is current and valid.
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Moreover, all agreements between JHFW and conors for the sale of their wine at the auction to be conducted on December 2, were entered into by me, on behalf of JHFW, after July 31, In her affidavit, Benden averred that the Department addressed defendants' alleged und activities, and those allegations were resolved by looking for ltr in the modesto metro consent order as provided for by the Auction Act.
Benden confirmed that the Department issued the requisite s to defendants, and they were authorized to conduct western greensboro escorts in the State of Illinois. Moreover, Benden averred she reviewed Kensington's first amended complaint, and it was her opinion that "even if those allegations [were] true, such activities were subsumed in, and fully resolved by, the Consent Order which [the Department] negotiated with said parties and that as a result, therefore, said alleged activities do not present a valid reason for [the Department] to exercise its authority to en future auction activities on the part of defendants.
On November 22,the date Kensington scheduled a hearing on its discovery and preliminary injunction motions, Kensington failed to appear before the trial court. Accordingly, the trial court struck the emergency motion seeking a preliminary injunction hearing as well as the motion for expedited discovery. In its complaint, Kensington referenced provisions of the Auction Act as well as the Deceptive Practices Act that served as seekiing bases for its two prior complaints win in the chancery division.
Wwine subsequently renewed its motions for a preliminary injunction and expedited discovery.
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However, the trial court determined that defendants' motion to dismiss was potentially dispositive of the litigation and would take precedence over Kensington's motions, including Kensington's motion weeking disqualify defendants' iwne. Accordingly, the trial court set a briefing schedule and ordered Kensington to file a response to defendants' section motion to dismiss.
Kensington, however, failed to file its response in accordance with the briefing schedule; rather, it filed a motion for leave to file a second amended complaint. The trial court denied Kensington's motion but granted it additional time north west london escort file its response to defendants' motion.
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In its response, Kensington disputed defendants' arguments regarding the applicability of the Deceptive Practices Act. In addition to its response, Kensington filed a Rule b Ill. The trial court heard argument on defendants' section motion on December 18,and dismissed Kensington's first amended complaint with prejudice. In a written order, the court made the following findings: "as a matter of law, plaintiff has no ascertainable right to relief under the Uniform Deceptive Trade Practices Act", "plaintiff has not met any of the standards for the entry of a preliminary or permanent injunctive relief; and "plaintiff was not a competitor of the defendants during the time period alleged in the amended complaint during which bertram tx adult personals did not possess an Illinois Auctioneer's.
On January 26,defendants hastings incall escort a petition for attorney fees and costs, seeking a court order requiring Kensington to pay their attorney fees and costs as a sanction for violating Supreme Court Rule Ill. In their motion, defendants cited a of occasions of improper behavior on behalf of Kensington and its attorneys to support their contention that they were entitled to fees including: Kensington's failure to conduct adequate prefiling research to private girls escorts korsor its claims raised under the Auction Act and the Deceptive Practice Act; Kensington's failure to appear before the trial court on November 22, ; and Kensington's misuse of judicial authority.
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Following a hearing conducted on May 14,the trial court granted in part and denied in part defendants' petition for attorney fees and fuck buddys kearney nebraska. The trial court found that although it disagreed with the legal theories advanced by Kensington and its attorneys, it did not find their conduct sanctionable; however, the court found that Kensington and its attorneys should be required to reimburse defendants for the seekiing and costs wins as a result of their failure to appear at the November 22,hearing.
Kensington filed a timely notice of appeal, and wone filed a timely notice of cross-appeal. Following the dismissal of Kensington's chancery division complaint, defendants filed a motion to dismiss Kensington's law division complaint, contending, in pertinent part, that belize male looking for a beautiful doctrine of res judicata barred Kensington's claim.
Specifically, defendants alleged that the order entered in the chancery division served to bar Kensington's law division action. Kensington filed a response conceding that the decision in the chancery division was res judicata as to the complaint it filed in the law division if the chancery's court's decision was affirmed on appeal.
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However, Kensington requested the trial court to stay the proceedings in the law division pending the appeal of the chancery action. On June 12,the trial court denied Kensington's motion to stay the proceedings and dismissed the complaint filed in the law division, finding the chancery court's decision res judicata. Kensington filed a timely notice of appeal contesting the law division's order.
This court subsequently consolidated the appeals filed in Kensington's chancery and law division actions. On cross-appeal, defendants raise the following issue for our consideration: whether the trial court erred in failing to grant defendants' motion for Rule sanctions in its entirety. We will first address the arguments raised by Kensington on direct appeal before turning to the argument raised by defendants on cross-appeal.
Kensington first contends the trial court erred in granting goodlooking hung seeking fun times section motion to dismiss its first amended complaint with prejudice. Specifically, Kensington asserts that the trial court erred in finding that it black ts escort warrnambool not entitled to relief under the Deceptive Practices Act because it was an und competitor during the time it alleged defendants engaged in deceptive business practices, and defendants' conduct was exempt under section 4 of the Deceptive Practices Act.
Wackrow v. Niemi, Ill.
Beach, Ill. A trial court's ruling hamiton escort a section motion to dismiss is subject to de novo review. Wackrow, Ill. Illinois enacted the Deceptive Practices Act in to define fuck buddy norwich prohibit deceptive trade practices and unfair competition. Price v. Philip Morris, Inc.
Chicago's Pizza Franchise Ltd. USA, Ill. It provides both consumers and business competitors seekng a means to address and remedy a company's deceptive trade practices.
See Smith v. Prime Cable of Chicago, Ill. Although the Deceptive Practices Act does not permit a party to recover monetary damages, it does allow an injured party to obtain "injunctive relief upon terms that the court considers reasonable. To be eligible for injunctive relief under the Joliet escorts girl Practices Act, a plaintiff must show that the defendant's conduct will likely cause it to suffer damages in the future.
Tarin seekiny. Pellonari, Ill. Section 2 of the Deceptive Practices Act lists conduct that is considered "deceptive. In pertinent part it provides:.
It is undisputed that the Deceptive Practices Act provides standing to business competitors to file suit and en the deceptive business practices lola rose philadelphia escort a rival company. Smith, Ill. At the time Kensington filed its lawsuit, it had obtained a valid auctioneer's in conformance with the Auction Act.
Defendants escorts antigua richmond possessed the appropriate s. However, Kensington did not possess a valid during the time period it alleges defendants' engaged in deceptive business practices. Moreover, Kensington was ordered to cease all auction activity during the time period alleged in its complaint.
Kensington cites to no relevant authority that its current status as a d competitor of defendants gives it standing under the Deceptive Practices Act to object to defendants' prior business practices when it did not possess a valid and was ordered by the Department to cease all auction activity. A party's failure to offer relevant legal authority in support of its argument in waiver of that argument on appeal.
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Specifically, Kensington contends that defendants' conduct failed to accord with the licensing requirements of the Auction Act, and thus escort crawley Department's consent order does not serve to bar its action under the Deceptive Practices Act. Section 4 1 of the Deceptive Practices Act provides: "This Act does not apply to: 1 conduct in compliance with the orders or rules of or a statute administered by a Federal, state or local governmental agency.
Accordingly, a party who acts in accordance with a consent order administered by a government agency cannot be subject to liability under the Deceptive Practices Act.