♢ BACKGROUND ♣ Palos Community Hospital (Palos) is a not-for-profit community hospital located in Palos Heights, Illinois.
Therefore, we reverse the appellate court’s judgment. We conclude that the doctrine conflicts with the plain language of the statute.
HUMANA TIMELY FILING CODE
OPINION ♡ At issue is whether the “test the waters” doctrine constitutes a valid basis on which to deny a party’s motion for substitution of judge as of right under section 21001(a)(2) of the Code of Civil Procedure (Code) (735 ILCS 5/2-1001(a)(2) (West 2016)). Justice Neville took no part in the decision. Burke, Overstreet, and Carter concurred in the judgment and opinion. JUSTICE THEIS delivered the judgment of the court, with opinion. HUMANA INSURANCE COMPANY, INC., Appellee. 126008) PALOS COMMUNITY HOSPITAL, Appellant, v. The “test the waters” doctrine is not a valid basis on which to deny a party’s motion for substitution of judge as of right the doctrine conflicts with the plain language of the statute.Ģ021 IL 126008 IN THE SUPREME COURT OF THE STATE OF ILLINOIS (Docket No.
HUMANA TIMELY FILING TRIAL
The appellate court affirmed the trial court’s rulings. The court denied the motion, citing the “testing the waters” exception ” such a motion “is considered untimely when the party moving for a substitution of judge has discussed issues with the judge, who has indicated a position on a particular point.” Discovery proceeded, with discovery sanctions and spoliation. Palos subsequently moved for substitution of judge as a matter of right, 735 ILCS 5/2-1001(a)(2)(i), noting that the trial court had not made any substantial ruling. Palos filed a memorandum in support of its motion to strike the discovery master and an objection to Judge Sullivan’s report. Judge Shelley saw no “need to deviate from the procedure” that Judge Tailor had established. Palos contended that the court lacked the authority to appoint a special master or mediator to oversee discovery. At a hearing the next day, Judge Shelley began presiding over the case. In 2017, Judge Sullivan sent a letter with certain recommendations to Judge Tailor and counsel. Judge Tailor appointed retired judge Sullivan to serve as a discovery master. For two years, the parties filed numerous motions to compel and other “emergency” discovery motions. In 2013, Palos sued, alleging Humana underpaid for medical services that Palos provided to members of Humana health insurance plans.
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