Stack suggests class be moved to Cook

Steve Korris Jun. 22, 2006, 11:52am

Madison County Circuit Judge Daniel Stack believes he should transfer a five-year-old proposed class action to Cook County, but no one has asked him to do that.

Stack signed an order June 13, inviting any defendant to move for transfer to the courthouse in Chicago.

Plaintiff Al Kellerman sued Marion Bass Securities and a host of other defendants in 2001, claiming they deceived him and others into investing in nursing homes.

At least one defendant moved to dismiss under the doctrine of forum non conveniens so Kellerman could file it at Hennepin County courthouse in Minneapolis.

And at least one defendant moved for transfer to Tazewell County courthouse in Pekin.

Defendant Robert Mitchell, a Chicago attorney, died this year with the suit hanging over him. His attorney said Mitchell had never been to Madison County.

Stack wrote in his order that neither Hennepin County nor Tazewell County would be more convenient.

He wrote, "The Court finds, however, that Cook County, Illinois, would appear to be the most convenient forum for all of the parties."

He wrote that, "…the Court invites any defendant to show the court where such request has been made or to supplement any prior filing to request transfer of this cause to Cook County, Illinois."

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