United States District Court, N.D. Illinois
April 14, 2004.
SHEET METAL WORKERS LOCAL 265 WELFARE FUND, et al., Plaintiffs,
W.T. MECHANICAL, INC., a corporation, Defendant, and GRUBB & ELLIS MANAGEMENT SERVICES, INC., Garnishee Defendant
The opinion of the court was delivered by: MARTIN ASHMAN, Magistrate Judge
MEMORANDUM OPINION AND ORDER
This matter is before the Court on Plaintiffs1 motion for entry of a
turnover order against Garnishee Defendant Grubb & Ellis Management
Services for a Report and Recommendation pursuant to
28 U.S.C. § 636(b)(1)(B) and Local Rule 72.1.
The Court finds that on December 11, 2003, judgment was entered by
Judge Conlon in favor of Plaintiffs in the amount of $24,850.83. On March
5, 2004, Plaintiffs caused a nonwage garnishment summons and
interrogatories to be served on the Garnishee Defendant. On March 31,
2004, Garnishee Defendant answered Plaintiffs' Interrogatories indicating
that it was in possession of $29.986.30, which was then due and owing to
Defendant, W.T. Mechanical, Inc. There remains $24,850.83 due and owing
on the judgment entered on December 11, 2003. For these reasons, the Court recommends that Plaintiffs' motion for
entry of a turnover order in the amount of $24,850.83 against Garnishee
Defendant Grubb & Ellis Management Services be granted.
Written objections to any finding of fact, conclusion of law, or the
recommendation for disposition of this matter must be filed with the
Honorable Suzanne B. Conlon within ten (10) days after service of this
Report and Recommendation. See Fed.R.Civ.P. 72(b). Failure to object will
constitute a waiver of objections on appeal.
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