Scattered Corp. v. Midwest Clearing Corp

In Scattered Corp. v. Midwest Clearing Corp., 299 Ill. App. 3d 653, 659, 661, 702 N.E.2d 167, 171, 172, 234 Ill. Dec. 1 (1998), the circuit court's assessment of Rule 219(e) expenses was found to be erroneous because it had not made a preliminary finding that the plaintiff engaged in misconduct or unreasonable compliance with any order. Scattered Corp., 299 Ill. App. 3d at 660-61, 702 N.E.2d at 172. The plaintiff had filed for voluntary dismissal a month prior to the court's deadline for pretrial submissions and two months prior to the trial date. Although the court "determined that this type of voluntary dismissal was contemplated by Rule 219(e), the court did not find the dismissal itself, which necessarily avoided trial, evidenced an unreasonable noncompliance with any discovery deadline, order or applicable rule by the plaintiff." Scattered Corp., 299 Ill. App. 3d at 661, 702 N.E.2d at 172. Therefore, the court's imposition of Rule 219(e) expenses was erroneous. Scattered Corp., 299 Ill. App. 3d at 661, 702 N.E.2d at 172.