03-0824 Williams Corner Investors LLC v. Areawide Cellular LLC

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“Alpha provides no further explanation to justify the total inactivity between mid-October and December 4-the date of Alpha’s untimely answer. Alpha provides no reason as to why within the forty-five day response period from October 15 to November 29, Alpha neither moved for additional time to plead nor filed the answer or any other responsive pleading. Additionally, Alpha does not tell us why no one was assigned to fill in for the absent assistant normally charged with receiving legal process. From the record, it appears that Alpha’s failure to answer in a timely manner amounted to nothing more than carelessness and inattentiveness on the part of the parties involved, and thus does not constitute excusable neglect.”

And, because the court found no excusable neglect, it was not required to consider the interests of justice. The trial court therefore properly entered a default judgment against Alpha for its failure to file a timely answer.

Affirmed.

Recommended for publication in the official reports.

Dist II, Kenosha County, Kluka, J., Anderson, P.J.

Attorneys:

For Appellant: John K. Hughes, Chicago, Ill.

For Respondent: Thomas A. Van Beckum Jr., Kenosha