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Glenn J. Hopkins and Cindy S. Hopkins v. Rms

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF ILLINOIS


February 14, 2011

GLENN J. HOPKINS AND CINDY S. HOPKINS, PLAINTIFFS,
v.
RMS, INC., D/B/A VILLA ROSE APARTMENTS, N/K/A MACARTHUR PARK APARTMENTS, DEFENDANT.

The opinion of the court was delivered by: Michael M. Mihm United States District Judge

E-FILED

Monday, 14 February, 2011 04:13:26 PM Clerk, U.S. District Court, ILCD

ORDER

On January 18, 2007, the Court entered default judgment awarding Plaintiffs pecuniary damages in the amount of $6,179.00 and compensatory, non-pecuniary damages for emotional distress in the amount of $3,000.00 on their claims under the Fair Housing Act, 42 U.S.C. § 1983, and the Consumer Fraud and Unfair and Deceptive Business Practices Act. Defendant was previously found to be in default on June 22, 2006.

Plaintiffs have now moved for relief from judgment, purportedly under Rule 60(b)(6), based on allegations that Defendant fraudulently misrepresented its identity to avoid enforcement of any judgment. However, motions seeking relief from judgment based on fraud, misrepresentation, or misconduct by an opposing party must be brought pursuant to Rule 60(b)(3) and must be brought within one year after the entry of judgment. See Rule 60(c)(1). Even assuming that this time period could be tolled until facts illuminating the fraudulent misrepresentation became known to the movant, Plaintiffs' filing indicates that they filed a Petition for Relief from Judgment raising these same grounds in state court in July 2007. Accordingly, the present Motion was filed nearly two years too late and is untimely.

CONCLUSION

For the reasons set forth herein, Plaintiffs' Motion for Relief from Judgment [#17] is DENIED as untimely.

Michael M. Mihm

20110214

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