I HIT THE JACKPOT IN VEGAS!!!!
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT – LAW DIVISION
CHYVETTE A. VALENTINE,
Plaintiff,
v.
SCOTTIE M. PIPPEN, JASON GILLER, et al.,
Defendants.
Case No.: 2024L002166
Judge: Hon. Kathy Flanagan
AMENDED EMERGENCY MOTION TO VACATE ORDER OF DISMISSAL FOR WANT OF PROSECUTION (DWP):
CONTEST HEARING HELD WITHOUT NOTICE, NO DEFENDANT APPEARANCE, NO ATTORNEY OF RECORD, AND THREATS MADE IN OPEN COURT
NOW COMES the Plaintiff, CHYVETTE A. VALENTINE, pro se, pursuant to 735 ILCS 5/2-1203 and Illinois Supreme Court Rules 11, 12, 13, and 183, and respectfully moves this Honorable Court to VACATE the Order of Dismissal for Want of Prosecution (DWP) entered on or about May 2, 2025. In support thereof, Plaintiff states as follows:
I. NO NOTICE OF HEARING – VIOLATION OF DUE PROCESS
Plaintiff was not provided with any notice—oral, written, mailed, or electronic—of any scheduled hearing on or around the date the DWP was entered.
The docket reflects no notice of hearing or court-generated notice to Plaintiff that her matter would be heard.
The entry of a DWP without notice is a blatant due process violation under the Fourteenth Amendment and violates Illinois Supreme Court Rule 11.
Plaintiff’s absence was not voluntary—it was induced by lack of notice. Such an order is void ab initio and must be vacated.
II. DEFENDANTS FAILED TO APPEAR, ANSWER, OR FILE AN APPEARANCE
Defendant Scottie Pippen was personally served by the Los Angeles County Sheriff’s Department on December 18, 2024. His deadline to respond was January 21, 2025.
Defendant Jason Giller was served via email on October 13, 2024, with verified documentation. He had until November 12, 2024 to respond.
To date, no appearance, no answer, and no motion have been filed by any Defendant.
This case was procedurally ripe for default judgment prove-up—not dismissal.
III. NO ATTORNEY OF RECORD – WHO WAS THE COURT SPEAKING TO?
If any individual purported to speak for the Defendants, such action was unauthorized and unlawful under Illinois Supreme Court Rule 13(c), which prohibits attorney participation without a filed appearance.
The Court record does not reflect any filed appearance by counsel for any Defendant. Thus, no individual or firm had standing to represent or address the Court on behalf of any party.
IV. THREATS IN OPEN COURT – PUBLIC SAFETY AND JUDICIAL CONDUCT CONCERN
Plaintiff places on record that a statement or conduct occurred on or around the date of the dismissal hearing that Plaintiff reasonably interpreted as a veiled threat or act of intimidation.
Plaintiff takes such conduct seriously and reserves all rights to report the incident to law enforcement, the Judicial Inquiry Board, or media if further suppression or intimidation tactics are used.
V. LEGAL STANDARD FOR VACATUR
A DWP may be vacated under 735 ILCS 5/2-1301(e) or 5/2-1203 for mistake, inadvertence, lack of notice, or excusable neglect.
See Gillespie v. Chrysler Motors Corp., 135 Ill. 2d 363 (1990) (reversing DWP where notice was defective).
In this case, Plaintiff was deprived of notice, Defendants were in default, and no attorney was authorized to speak or participate. The order is procedurally and constitutionally flawed.
WHEREFORE, Plaintiff respectfully requests that this Court:
A. VACATE the Dismissal for Want of Prosecution entered on or about May 2, 2025;
B. REINSTATE Plaintiff’s Complaint to the active docket;
C. STRIKE any unauthorized communication or conduct by non-appearing or non-retained parties;
D. SET a hearing on Plaintiff’s pending Motion for Default Judgment With Prejudice and Prove-Up of Damages;
E. INVESTIGATE or sanction any person who made threats or unauthorized statements in open court; and
F. Grant such other and further relief as this Honorable Court deems just and proper.
