Ann Maher May 14, 2013, 5:17pm

A hearing on a defense motion to dismiss a proposed class action lawsuit against SIM Properties of Edwardsville has been reset to May 31.

Plaintiffs Ronald and Dorothy Jones sued SIM Properties and its employee Idrees Muhammad in January claiming their home in the 600 block of Chapman Street in Edwardsville had been entered into without their consent and their possessions had been unlawfully removed.

In addition, the Joneses, individually and on behalf of other SIM tenants, accuse the company of unlawful penalty after it charged them $5 per day in late fees.

They are represented by Peter J. Maag and Thomas G. Maag of Wood River and Brian Wendler of Edwardsville.

SIM Properties, represented by Jeffery A. Cain of Freeark, Harvey & Mendillo in Belleville, filed a motion to dismiss March 21, stating the complaint fails to identify by location or address the “residential property” allegedly involved. SIM also says the complaint fails to contain a plain and concise statement as to whether the plaintiffs are attempting to state a cause of action for trespass to personal property or real property.

The case is assigned to Madison County Circuit Judge William Mudge.

Madison County Circuit Court Case No. 13-L-161

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