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IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
CHAMPAIGN COUNTY, ILL
JAMES F. OSTERBUR
PLAINTIFF
V.
COVENANT MEDICAL CENTER
DEFENDANT
CASE 92-C-1222
FILED OCT 2, 1992
MOTION TO DISMISS
Now comes the defendant, covenant medical center, by its attorneys, thomas mamer, & haughey, and hereby enters its appearance and moves to dismiss the complaint filed in this action under sections 2-615 and 2-619 of the Ill code of civil procedure (Ill revised statutes chapter 110, paragraphs 2-615 and 2-619) and as said motion, state as follows:
1. The written materials provided in this case including 25 pages of dialogue labeled "a case intent upon life in human terms, not medical terms, not greed or charity RATHER truth, equality and fair play" fails to state any legally cognizable cause of action against the defendant in this case. It utterly fails to advise the defendant of the basis for this charge.
WHEREFORE, the defendant prays that this honorable court dismiss this cause of action under the provisions of section 2-615 of the Ill code of civil procedure.
2. The plaintiff has already filed case 92-s-1561 purporting to allege damages arising out of treatment received at defendant medical center.
WHEREFORE, the defendant prays that this suit be dismissed under section 2-619 (a) (3) (Ill revised statutes chapter 110, paragraph 2-619 a3).
3. The written materials filed in this matter might be liberally construed to state a cause of action for healing art malpractice as governed by section 2-622 of the Ill code of civil procedure (Ill revised statutes chapter 110, paragraph 2-622). None of the written materials provided in this case comply with the provisions of section 2-622 of the ill code of civil procedure.
Respectfully submitted
David E. Krchak
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IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
CHAMPAIGN COUNTY, IL
JAMES F. OSTERBUR
PLAINTIFF
V.
COVENANT MEDICAL CENTER
DEFENDANT
CASE 92-C-1222
FILED OCT 2, 1992
MEMORANDUM IN SUPPORT OF MOTION TO DISMISS
Now come the defendant, covenant medical center, by thomas, mamer, haughey, its attorneys, and in support of its motion to dismiss states as follows:
1. The written materials filed in this matter bear no relation in form or content to any statement of a cause of action upon which relief can be granted. The written materials fail to allege any breach of responsibility or a violation of any laws on the part of the defendant. Further, the written materials do not request any judgment against the defendant.
2. The written materials constitute a general and vague harangue against the healthcare system in the United States today.
3. This "suit" follows on the heels of a pending small claims case the plaintiff has already filed against the defendant.
4. If these materials are given every indulgence, they might be construed to be a cause of action for healing art malpractice. The plaintiff does not follow the requirements of the Ill code of civil procedure which seek to preclude frivolous claims for malpractice.
5.The plaintiff concludes his written materials with a threat to reappear if his requests are not granted (page 25) and a further threat that anyone who does not follow his dictates will regret it (page 26).
WHEREFORE, the defendant prays that this purported cause of action be dismissed immediately, with prejudice and with costs to the defendant.
Respectfully submitted
David E. Krchak
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THOMAS MAMER & HAUGHEY
LAWYERS
DATED JUNE 21, 1993
THE HONORABLE J. G. TOWNSEND
CHAMPAIGN COUNTY COURTHOUSE
101 E MAIN ST. ROOM 354
URBANA IL 61801
RE 92-C-1222
DEAR JUDGE TOWNSEND
Enclosed are copies of the complaint, a motion to dismiss and a memorandum in support of motion to dismiss filed in this matter. I have been advised by the circuit clerk's office that chancery cases are not designated to particular judges until the cause is set for hearing.
While this matter does not technically fall into those cases considered in your letter of March 3, 1993, I have taken the liberty of enclosing a proposed scheduling order regarding my motion to dismiss. If this is not appropriate for this case please advise. You will note that I do not need any additional time to file my first brief since it has been on file now for a few months.
Thank you for your consideration in this matter. if another judge or another procedure is appropriate, kindly advise.
Sincerely
David E. Krchak
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THOMAS MAMER & HAUGHEY
LAWYERS
DATED JUNE 29, 1993
JAMES F. OSTERBUR
DEAR MR. OSTERBUR
This is in response to materials received from you on June 25, 1993. I sent you a copy of my letter to judge Townsend for your information. The materials enclosed with the letter to the judge have already been provided to you. Those materials are as described in the letter to the judge.
You are incorrect that you have one year to complete and present a case before a reasonable motion to dismiss will be heard. That is not the law.
As a part of your materials you include what I would term to be an offer of settlement. You indicate that if we would provide you with a bill marked "paid in full" with an apology to you and an explanation to the credit bureau, you would not pursue this matter further against covenant medical center. If this is indeed your offer and if it would include dismissing this suit in its entirety, I would be willing to discuss it with you.
Sincerely
David E. Krchak
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J. G. TOWNSEND
CIRCUIT JUDGE
COURTHOUSE, URBANA IL
SIXTH JUDICIAL CIRCUIT, CHAMPAIGN COUNTY, IL
DATED JULY 5, 1993
MR. DAVID E. KRCHAK MR. JAMES F. OSTERBUR
THOMAS MAMER & HAUGHEY 2191 CR 2500E
30 MAIN ST ST. JOSEPH, IL 61873
BOX 560
CHAMPAIGN IL 61820-0560
RE; OSTERBUR VS. COVENANT
CASE 92C1222
DEAR MR. KRCHAK AND MR. OSTERBUR
I note that there is a pending motion to dismiss previously filed in this matter and a memorandum in support of the same. While the administrative order of Feb 1, 1991, reciting categories of cases assigned to judges indicates that chancery matters are to be before judge Miller, it is true that all judges can handle such matters. I am advised that judge Miller will be unable to afford a setting in this matter for some period of time, therefore, in order to advance the matter, I have today entered an order which appears on the docket of the cause as follows:
"Court notes previously filed motion to dismiss and supporting memoranda. Court orders that plaintiff, James F. Osterbur, make any filings which he desires to make in connection with the pending motion within 21 days of today's date.
Movant thereafter may file any reply material within 7 days
All original filings are to be made with the clerk of the court. Courtesy copies of the filings are to be provided to Judge Townsend and counsel for other parties of record.
Hearing on pending motion allotted for Friday, September 3, 1993 at 11:00 am in courtroom C. See correspondence to parties and counsel providing notice of said setting."
Osterbur vs covenant
July 5, 1993
please consider this correspondence as your notice of entry of the order described in the docket entry as well as notice of the scheduled hearing
Very truly yours J.G. Townsend circuit judge
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THOMAS MAMER & HAUGHEY
LAWYERS
DATED JULY 12, 1993
MR. JAMES F. OSTERBUR
RE; OSTERBUR V. COVENANT
CASE 92-C-1222
DEAR MR. OSTERBUR
This is in response to materials received from you. Enclosed are copies of the motion to dismiss and memorandum in support of the motion to dismiss filed last October. Copies of those were sent to you last October. I am providing you with these additional copies as a courtesy to you.
Your letter to judge Townsend on July 5, 1993, was not appreciated. I have never refused to send you anything. Further your snide allusion that perhaps we had never sent this to you was in poor taste.
I do not understand what it is that you want as far as any "settlement" in this matter. I do not see any point in continuing discussions about it. I trust that you have received the court's correspondence and I will be prepared to argue this motion to dismiss on sept 3, 1993
Very truly yours
David E Krchak
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IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
CHAMPAIGN COUNTY IL
FILED AUG 2, 1993
JAMES F. OSTERBUR
PLAINTIFF
V.
COVENANT MEDICAL CENTER
DEFENDANT
CASE 92-C-1222
REPLY OF DEFENDANT
Now comes the defendant, covenant medical center, by thomas mamer& haughey, its attorneys, and in reply to the pleading filed by the plaintiff in this matter and pursuant to this court's docket entry of July 5, 1993 states as follows:
1. the pleading filed by the plaintiff in this case shows no basis for any relief requested.
2. Plaintiff states that the treatment received from the defendant was unacceptable, yet provides no support for this claim either factually or as required by section 2-622 of the Il code of civil procedure (735 ILCS 5/2-622).
3. Given every possible favorable construction, the complaint and the "realities involved within case 92-c-1222 fail to state any cognizable cause of action.
Respectfully submitted
David E. Krchak