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Newcourt Capital, USA, Inc. v. Rubloff Aviation Maintenance Services

March 11, 2009

NEWCOURT CAPITAL, USA, INC. AND HOLDING TRUST, PLAINTIFF,
v.
RUBLOFF AVIATION MAINTENANCE SERVICES, LLC, DEFENDANT.



The opinion of the court was delivered by: Magistrate Judge P. Michael Mahoney

MEMORANDUM OPINION AND ORDER

I. INTRODUCTION

On December 24, 2008, the court clerk issued nine citations to discover assets to Rubloff Aviation Maintenance Services, LLC ("Judgment Debtor"), RJSS Holdings, LLC ("RJSS"), Rubloff Jetstar, LLC ("Rubloff Jetstar"), Hinshaw & Culbertson ("Hinshaw"), Amcore Bank, Dawn Bradley ("Bradley"), Amy Harris ("Harris"), William Gray ("Gray"), and Mark Robinson ("Robinson"). On January 13, 2009, Judgment Debtor filed a motion to quash the citations and for an award of sanctions and costs. Judgment Debtor also moved to strike a portion of Judgment Creditor's response to the motion to quash. For the reasons below, the court grants Judgment Debtor's Motion to Quash in part.

II. BACKGROUND

On September 22, 2008, the district court entered a judgment "in favor of plaintiffs Newcourt Capital USA, Inc. and SW Holding Trust and against defendants RJSS Holdings LLC, Rubloff Aviation Maintenance Services LLC, and Rubloff Jetstar LLC in the amount of $269,647.09, plus court costs." Newcourt Capital et al. v. RJSS Holdings et al., No. 05-C50002, at 1 (N.D. Ill. Nov. 11, 2008). The judgment amount represented a jury verdict of $35,566.08 for breach of contract, and a stipulated damages amount of $234,081.01 based on certain overcharges for parts and sales tax. Id. On November 17, 2008, Judge Kapala instructed the court clerk to enter an amended judgment against the Judgment Debtor, and to dismiss all other defendants pursuant to the parties' stipulation. Id. at 2.

To satisfy the judgment, Judgment Creditor initiated supplementary proceedings to discover Judgment Debtor's assets on December 24, 2008. The court clerk issued nine citations to discover assets to Judgment Debtor, RJSS, Rubloff Jetstar, Hinshaw, Amcore Bank, Bradley, Harris, Gray, and Robinson. All nine citations have nearly identical instructions. Def.'s Mot. to Quash Citations to Discover Assets and for an Award of Sanctions and Costs at 1 (hereinafter "Def.'s Mot."). Each citation has attached to it an Exhibit A which asks the respondent to identify property of the Judgment Debtor held by the respondent in savings accounts, checking and NOW accounts, certificates of deposits, money market accounts, trust accounts, safety deposit boxes, account payables to the Judgment Debtor, adverse claimants, wages, salaries, commissions, and other personal property. Id. at Ex. 1. Each citation also has attached to it an Exhibit B which, along with instructions and definitions, makes 15 production requests. Id.

On January 13, 2009, the Judgment Debtor filed its motion to quash the citations. Judgment Debtor objects to production requests 1--8 and 13--15:

(1) All State and Federal Income Tax Returns (including, but not limited to, quarterly estimates) as well as payroll tax documents filed for the Debtor or Defendants or any of their members or shareholders for the years ending 2002 through the present.

(2) All financial statements reflecting the financial assets or liabilities of Debtor or Defendants or any of their members or shareholders covering periods April 1, 2002 to the present, including, but not limited to, annual financial statements, monthly financial statements, quarterly financial statements, general ledgers, trial balances, profit and loss statements and balance sheets.

(3) All account statements (and canceled checks and any other documents, including, but not limited to wire transfer forms) for all checking accounts in which Debtor or Defendants have had an interest from April 1, 2002 to the present.

(4) All statements, signature cards and passbooks for any savings accounts in which Debtor or Defendants or any of their members or shareholders had or currently has an interest, from April 1, 2002 to the present.

(5) All statements and signature cards from April 1, 2002 to the present for any money market accounts, certificates of deposits, treasury bills, investment accounts, brokerage accounts, or any similar accounts in which Debtor or Defendants or any of their members or shareholders owned an interest directly or indirectly.

(6) All documents which evidence, refer to, reflect or otherwise relate to all stocks, bonds, commercial paper, indebtedness or securities previously or currently owned by Debtor or Defendants or any of their members or shareholders from April 1, 2002 to the present.

(7) Any and all documents which evidence, refer to, reflect or otherwise relate to Debtor or Defendants or any of their members [sic] or shareholders [sic] ownership [sic] or rental of any real property, [sic] including deeds, closing ...


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