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"                      <p class=\"imgtitle\">Nester</p>                                <p class=\"imgtitle\">Unsell</p>           Plaintiff Ronald Ball is asking to withdraw a motion for default judgment against defendant Pepsico, Inc. and Pepsi Cola General Bottlers in a Madison County personal injury suit.<br /><br />His attorney, Samantha Unsell, \"prays the court to grant the motion and enter an order withdrawing the plaintiff's previously filed motion for default judgment.\"<br /><br />Ball claims he found a dead mouse in a can of Mountain Dew.<br /><br />Pepsico, through its attorney Michael Nester, on Thursday asked Circuit Judge Dennis Ruth to deny Ball's motion for default judgment.<br /><br />Unsell filed the motion for default judgment on March 23, saying Pepsi Cola General Bottlers did not answer the plaintiff's second amended complaint filed in November.<br /><br />Unsell wrote a letter to Nester dated March 22, explaining that she would file a motion for default judgment if he didn't respond to her second amended complaint.<br /><br />\"As you recall, I gave you an unlimited extension to allow you time to review the file,\" Unsell wrote. \"However, it has been almost two months. I would like to move forward.\"<br /><br />In response, the company's attorneys stated they were hired to represent Pepsi on Jan. 18, and they received a \"voluminous\" file from prior defense counsel, which \"has taken a significant amount of time to review and analyze.\"<br /><br />Nester wrote that the filing of a motion for default judgment and the court's consideration of it is \"inappropriate, inequitable and prejudicial to defendants Pepsico, Inc. and Pepsi Cola General Bottlers, Inc.\"<br /><br />Nester of Donovan Rose Nester in Belleville replaced the law firm of Cassiday Schade as counsel for Pepsico Inc. on Jan. 18.<br /><br />Ball allegedly bought a can of Mountain Dew from a vending machine at his workplace at Marathon Oil in Wood River on Nov. 10, 2008. He claims he opened the can, took a drink and immediately became so violently ill that he threw up.<br /><br />The contents of the can of Mountain Dew were immediately poured into a Styrofoam cup, where a dead mouse was found, according to the lawsuit.<br /><br />In its defense, Pepsico has said that the mouse body would have transformed into a jelly-like substance had it been in the soda for as long as Ball alleges it was.<br /><br />He is seeking damages in excess of $75,000.<br /><br />The case is Madison Case number 09-L-440.<br /><br />"^^<http://www.w3.org/2001/XMLSchema#string>
<http://madisonrecord.com/stories/510572994-plaintiff-in-mouse-in-mountain-dew-case-moves-to-withdraw-motion-for-default-judgment>