Mudge gives plaintiffs second chance after failure to appear at class action hearing

Madison County Circuit Judge William Mudge rescheduled a motion hearing regarding defendant SIM Properties’ motion to dismiss a proposed class action after the plaintiffs failed to appear.

Mudge set the hearing for Nov. 1 at 9 a.m. The original hearing was scheduled for Oct. 2. Mudge stated the case would be dismissed for want of prosecution if they fail to appear again.

On Sept. 6, Mudge granted Maag Law Firm’s motion to withdraw as counsel for the plaintiffs and allowed all other attorneys to withdraw if interested. He then granted the plaintiffs 21 days to enter their appearance pro se or with new counsel. They were to appear on Oct. 4, but the hearing was continued.

According to the complaint filed in January, plaintiffs Ronald and Dorothy Jones filed a lawsuit against SIM Properties in Edwardsville and its employee Idrees Muhammad claiming their home in Edwardsville had been entered without their consent and their possessions had been unlawfully removed.

The plaintiffs also accuse the company of unlawfully charging them a $5 penalty per day in late fees. They are acting individually and on behalf of other SIM tenants.

SIM Properties filed its motion to dismiss on March 21 through attorney Jeffery A. Cain of Freeark, Harvey & Mendillo in Belleville, arguing that the complaint fails to identify by location or address the “residential property” allegedly involved. SIM also states that 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 plaintiffs are currently acting pro se.

Madison County Circuit Court case number 13-L-161