Century 21 v. Hometown Realtors, No. 11 C 5572, Slip Op. (N.D. Ill. Jan. 10, 2012) (Manning, J.).

Judge Manning held that defendants’ (collectively “Hometown Realtors”) failure to answer was based upon excusable neglect and vacated default judgments against Hometown Realtors:

  • Hometown Realtors had good cause for not answering – they claim not to have been served;
  • Hometown acted quickly and diligently hiring counsel and seeking to vacate the default upon learning of the suit; and
  • Hometown Realtors set out facially plausible defenses in proposed answers.

The Court did, however, set an evidentiary hearing to determine whether Hometown Realtors were ever served; unless plaintiff Century 21 chose to re-effect service.