United States District Court, N.D. Illinois, Eastern Division
December 19, 2005.
UNITED STATES OF AMERICA and STATE OF ILLINOIS ex rel. JACKIE GRANDEAU, Plaintiffs,
CANCER TREATMENT CENTERS OF AMERICA, et al., Defendants.
The opinion of the court was delivered by: JAMES MORAN, Senior District Judge
MEMORANDUM OPINION AND ORDER
When a plaintiff changes attorneys in Illinois in a contingent
case, it has consequences. Relator has been ordered to reimburse
certain costs. She cannot do so, and her new attorneys are
unwilling to advance those costs.
We could say "pay by a certain date or the case will be
dismissed for want of prosecution." But the real winner then
would be the defendants, even though they have no direct interest
in the costs dispute. Relator would end up with a judgment
against her, the new attorneys would no longer be able to
prosecute the case and the prior attorneys would in all
probability have a judgment that could not be satisfied. The
prior attorneys may prefer to waive immediate payment in hopes
that a subsequent judgment against (or settlement with) the
defendants will provide funds to pay the costs and their fees. We
thus order that the relator pay the costs previously assessed by
January 20, 2006, or the case will be dismissed for want of
prosecution, unless the prior attorneys file a written waiver of
immediate payment and agree that they shall be reimbursed only
from any judgment against or settlement with the defendants.
This case is set for status on February 8, 2006, at 9:15 a.m.
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