WESLEY TOWNSHIP, IL. (ECWd) –
A Motion For Sanctions and a Motion To Dismiss was filed on August 1-, 2021, by the defendant in Norton’s latest frivolous lawsuit (we wrote about the lawsuit here).
In this Motion by Defendant McCubbin:
- This complaint was filed by Norton and was based on the same claims and same facts which were dismissed with prejudice (cannot file again) in a previous case he filed, in which he was Ordered to pay those defendant’s attorney fees, and is still under Court Ordered Indirect Civil Contempt Sanctions, which include jail time, but the jail time for that case is stayed pending court hearing on Monday afternoon.
- The Code of Civil Procedure provide for involuntary dismissal of an action that is barred by a prior judgment (such as this one) – and the prior case was dismissed under the Citizens Participation Act.
- Defendant asks for Sanctions under the Citizens Participation Act since this complaint was intentionally filed by Plaintiff Norton with the same claim in a different venue hoping to obtain a different result
Read this Motion to Dismiss and for Sanctions below or download it (here):Norton v McCubbin Motion for Sanctions