Opinion
11 CV 03826
08-17-2011
DR. JOSEPH NICOLOSI, Plaintiff, v. JAN MOODY, Defendant.
DR. JOSEPH NICOLOSI, By: Joseph T. Gentleman His Attorney
JURY DEMAND
PLAINTIFF'S RENEWED FOR DEFAULT JUDGMENT
NOW COMES Plaintiff by and through his attorney for his renewed motion for default judgment states as follows.
1. On July 8, 2011 the Plaintiff filed the return of service proving that the Defendant was personally served on July 1, 2011. (See Exhibit 1).
2. On August 3,2011 the Plaintiff filed a motion for default. On August 3, 2011 the Plaintiff mailed the motion for default judgment to 2130 Winston Drive, Cocoa, Florida 32926.
3. On August 8, 2011 this court denied the motion for default apparently based on a phone conversation made by Defendant to the court. Apparently, the Defendant informed this court that she was improperly served and that 2130 Winston Drive, Cocoa, Florida 32926 did not exist.
4. There is no question that the Defendant must have provided false information to this court. Defendant was properly served because she was personally served at 2130 Winston Drive, Cocoa, Florida 32926 where she lives. (See Exhibit 1). The motion for default judgment was mailed to the same address and attached as Exhibit 2 is a copy of a driver's license of Ms.
Moody establishing that she lives at 2130 Winston Drive, Cocoa, Florida 32926. In fact, the process server has identified that the person she served is Jan Moody after looking at a copy of Jan Moody's driver's license and has identified the property where she served Jan Moody. (See Exhibit 3).
5. The Plaintiff seeks a default judgment and he reincorporates his previous motion for default as if set forth fully herein.
WHEREFORE Plaintiff prays that this court enter a default judgment against Jan Moody and for further relief that is just and equitable in the circumstances.
DR. JOSEPH NICOLOSI,
By: Joseph T. Gentleman
His Attorney
Joseph T. Gentleman (ARDC NO. 6244501)
33 North Dearborn Street
Suite 1401
Chicago, Illinois 60602
(312) 220-0020
IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION
DR. JOSEPH NICOLOSI, Plaintiff,
v.
JAN MOODY, Defendant.
11 CV 03826
Judge Lindberg
DECLARATION OF TERRY J. WILSON
1. I declare under penalty of perjury that the following is true and correct, Based on my personal knowledge of the facts contained herein I would testify to said facts in a court if called upon to do so.
2. I am over 18 years of age and if called to testify would testify to the following.
3. I personally served the Defendant, Janet Moody, on the morning of July 1* 2011 at 11:15am at her home located at 2130 Winston Drive in Cocoa Florida, 32926.
4. I personally served Janet Moody in the presence of man who identified himself as her husband, Clark Moody,
5. I can verify that the attached image of Janet Moody's Florida Driver's License (#M300-433-49-630-0) is a clear and accurate representation of the person whom I personally served on July 1, 2011 at the home address listed on her Driver's License.
6. I can also verify that the attached Bing aerial photo indicating the 2130 Winston Dr. address in Cocoa, Florida is the home where I personally served Janet Moody on July 1, 2011.
TERRY J. WILSON