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SHEET MET. WORKERS LOCAL 265 WELFARE F. v. W.T. MECHANICAL

United States District Court, N.D. Illinois


April 14, 2004.

SHEET METAL WORKERS LOCAL 265 WELFARE FUND, et al., Plaintiffs,
v.
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. ยง 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.

20040414

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