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George Washington Savings Bank v. Tissue Products Technology Corp.

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION


February 28, 2007

GEORGE WASHINGTON SAVINGS BANK, AN ILLINOIS BANKING CORPORATION, AS ASSIGNEE OF IFC CREDIT CORPORATION, AN ILLINOIS CORPORATION, PLAINTIFF,
v.
TISSUE PRODUCTS TECHNOLOGY CORPORATION, A WISCONSIN CORPORATION, PARTNER CONCEPTS DEVELOPMENT, INC., A WISCONSIN CORPORATION, RONALD H. VAN DEN HEUVEL, AN INDIVIDUAL, ECO FIBRE, INC., A WISCONSIN CORPORATION, AND OCONTO FALLS TISSUE, INC, A WISCONSIN CORPORATION, DEFENDANTS.

The opinion of the court was delivered by: District Judge Hart

Magistrate Judge Nolan

GEORGE WASHINGTON SAVINGS BANK'S MOTION FOR ENTRY OF JUDGMENT PURSUANT TO AGREED ORDER

NOW COMES Plaintiff, GEORGE WASHINGTON SAVINGS BANK ("Plaintiff"), by and through its attorneys, BURKE & WHITE, PC, and moves this Court for the entry of an agreed order. In support of this motion, Plaintiff states as follows:

1. On October 26, 2006 an agreed order was entered between Plaintiff and Defendants resolving the outstanding issues between these parties. Attached hereto as Exhibit A is a true and correct copy of the October 26, 2006 order.

2. Pursuant to the October 26, 2006 order, if Defendants failed to pay to Plaintiff a certain amount of money by December 29, 2006, a judgment in the amount of $2,673,547.27 was to be entered against Defendants and in favor of Plaintiff.

3. On December 29, 2006 Defendants were unable to make the payment to Plaintiff.

4. Accordingly, on January 3, 2007 an agreed order was entered between Plaintiff and Defendants agreeing to extend all terms (except the amount to be paid) of the October 26, 2006 order to and including January 31, 2007. A true and correct copy of the January 3, 2007 order attached hereto as Exhibit B.

5. Pursuant to the January 3, 2007 order, if Defendants failed to pay Plaintiff a certain amount of money by January 31, 2007, a judgment would be entered against Defendants in the amount of $2,679,143.76.

6. On January 31, 2007 Defendants were unable to make the payment to Plaintiff and has requested an extension of the January 3, 2007 agreed order.

7. Accordingly, on February 9, 2007 an agreed order was entered between Plaintiff and Defendants agreeing to extend all terms (except the amount to be paid) of the January 31, 2007. A true and correct copy of the February 9, 2007 order attached hereto as Exhibit C.

8. Pursuant to the February 9, 2007 order, if Defendants failed to pay Plaintiff a certain amount of money by February 28, 2007, a judgment would be entered against Defendants in the amount of $2,693,147.45.

9. Plaintiff has not received payment from Defendants as provided in the February 9, 2007 order. Consequently, Plaintiff is entitled to have a judgment entered in its favor and against Defendants in the amount of $2,693,147.45.

WHEREFORE, GEORGE WASHINGTON SAVINGS BANK respectfully requests that a judgment be entered against all Defendants, jointly and severally, in the amount of $2,693,147.45 and for the entry of any further or other relief this Court deems just.

Respectfully submitted

GEORGE WASHINGTON SAVINGS BANK

By: Karen A. White

One of its attorneys BURKE & WHITE, PC 5330 Main Street, Suite 200 Downers Grove, IL 60515 (630) 852-9197 ARDC No. 06211787

20070228

© 1992-2007 VersusLaw Inc.



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