Plaintiff’s Motion to Lift Stay, Set Expedited Trial, and Modify Use & Occupancy

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Case: McGivern v. Hadley, No. 2025-M1-707919 (Circuit Court of Cook County, Municipal Division) · Judge: Bridget C. Duignan
Filed: December 29, 2025 · Decided: January 13, 2026

Ruling

On January 13, 2026, the court denied the motion. The order states: “The Motion is denied and the October 1, 2025 order stands. This matter is reset to March 17, 2026 at 9:30 a.m. for status of the Chancery matter.”

The Motion (Plaintiff Brandon McGivern, pro se, December 29, 2025)

McGivern asked the court to lift the stay entered September 16, 2025, to set the eviction matter for an expedited virtual bench trial, and to increase Use and Occupancy payments (interim payments for continued occupancy during litigation) from $2,080 per month to $3,259 per month. He argued that the stay had been entered pending the outcome of the related Chancery case, No. 2025 CH 05527, and that a December 22, 2025 Chancery order dismissed with prejudice the two counts asserting an ownership interest, leaving only claims for money. He argued that money claims can be litigated without Hadley remaining in possession, and that Use and Occupancy had been paid late for four consecutive months. On the rate, he cited 735 ILCS 5/9-202 and attached fourteen comparable three-bedroom rental listings averaging $3,259 per month, noting that the subject unit is furnished and the comparables are not. Attached as exhibits were the December 22, 2025 Chancery order and the comparable listings.

The Court Order (Judge Bridget C. Duignan, January 13, 2026)

The order records that both parties were present and that the court was advised. It contains no findings beyond the denial, the statement that the October 1, 2025 order stands, and the continuance to March 17, 2026 for status of the Chancery matter.


Documents