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Nursing Home Motion 8 - Motion to Vacate

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Motion to Vacate

NOW COMES the Defendant, RAKESH MARWAHA, M.D., by and through his attorneys, BRODERICK, STEIGER AND ZUPANCIC, and respectfully requests that this Court enter an Order vacating the Court's Order of September 5, 1996 dismissing the plaintiff's cause of action, pursuant to Section 2-622 of the Illinois Code of Civil Procedure. In support of his position, the Defendant states the following:

1. On January 5, 1996, the Plaintiff filed a Complaint at Law against this Defendant.

2. On August 12, 1996, the Defendant, RAKESH MARWAHA, M.D. filed a Motion to Dismiss the Plaintiff's cause of action for failure to comply with Section 2-622 of the Illinois Code of Civil Procedure. This matter was set for hearing on September 5, 1996.

3. On September 3, 1996, the Plaintiff filed an Affidavit pursuant to Section 2-622. The Plaintiff mailed a copy of this Section 2-622 Affidavit to the Defendant's attorney on September 3, 1996.

4. At the hearing on September 5, 1996, the Defendant was unaware that the Plaintiff had filed the Section 2-622 Affidavit two days prior on September 3, 1996. The Plaintiff's attorney did not appear for the hearing on the Motion to Dismiss pursuant to Section 2-622. In error, the Court entered the Order dismissing the Plaintiff's cause of action pursuant to 2-622 of the Illinois Code of Civil Procedure.

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