A partially stayed legal malpractice case filed against attorney Gregory Tobin and his law firm, Pratt & Tobin P.C., is under way again and set for July motions following a letter from the Attorney Registration and Disciplinary Commission of the Illinois State Supreme Court (ARDC).

Madison County Circuit Judge Andreas Matoesian had partially stayed the suit brought by Tobin's former client, Jesse Berry, pending the outcome of the ARDC's investigation into
Berry's complaints against members of the Tobin firm.

Matoesian entered the partial stay in April and the parties had proceeded with some additional discovery.

Peter Rotskoff, chief of litigation for the ARDC sent Matoesian a letter dated May 31 that informed the judge that the ARDC was holding off its investigation in the Tobin matter until the civil case against him and his firm was decided.

"This is consistent with our action in other cases which is designed to ensure that our investigations do not interfere with the timely resolution of civil matters," Rotskoff's letter reads.

Berry is suing the defendants on claims that the Tobin law firm never filed a Federal Employer's Liability Act (FELA) suit on Berry's behalf as it promised.

He also claims that the Tobin defendants' alleged negligence scuttled later attempts to re-litigate the case.

The ARDC is investing Berry's claims and he filed the civil suit in 2009.

On June 6, Matoesian entered an order that set aside his April 21 partial stay order.

Pending motions are now set for hearing July 1 at 9 a.m.

Robert Shultz and others represent the defendants.

Robert Owen represents Berry.

The case is Madison case number 09-L-422.

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