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Stratford Medical Center, LLC v. Tom J. Miller

March 24, 2011

STRATFORD MEDICAL CENTER, LLC, PLAINTIFF,
v.
TOM J. MILLER, D.D.S., P.C., ET AL., DEFENDANTS.



The opinion of the court was delivered by: Judge James B. Zagel

MEMORANDUM OPINION AND ORDER

Plaintiff filed a complaint in Illinois state court seeking a contempt finding against Chase, and requesting that Chase be required to pay damages for allowing the withdrawal of funds from a bank account after the service of a citation. Chase removed the action, and Plaintiff now seeks remand. For the following reasons, Plaintiff's motion for remand, or in the alternative, for abstention is granted.

I. STATEMENT OF FACTS

In 2006, Plaintiff Stratford Medical Center, LLC ("Stratford Center") purchased a medical office building. At that time, it entered into a lease with several tenants, including Defendant Stratford Pediatric Associates, Ltd. ("Stratford Pediatric"). Although Stratford Center and its tenants agreed to a rental rate of $27.71 per square foot, due to an error, the lease indicated that the rental rate would be $16.50 per square foot. Most tenants agreed to execute new leases containing a rental rate of $27.71, however three, including Defendant Stratford Pediatrics, refused.

In September 2007, Stratford Center filed an action in the Illinois state court to reform the remaining three leases. The case was tried in a bench trial and on June 8, 2010, Judge Popejoy entered judgment in favor of Stratford Center. Judge Popejoy's decision reformed the lease in question and awarded $187,657.00 in damages jointly and severally against Stratford Pediatric and Dr. Victor Zuckerman ("Zuckerman"), the principal physician in that practice.

On September 2, 2010, Stratford Center served a citation to discover assets on Chase Bank. Both Stratford Pediatric and Zuckerman banked at Chase. Under Illinois law, the service of the citation created a lien on Stratford Pediatric's and Zuckerman's accounts. 735 ILCS 5/2-1402(m)(2). On September 12, 2010, Chase responded to the citation by producing bank statements and identifying several accounts held by Stratford Pediatric and Zuckerman. These statements identified $10,117.49 held in Stratford Pediatric's accounts and $47,507.60 held in Zuckerman's accounts.

In May 2010 (after the bench trial, but before the judgment was entered) Stratford Pediatric sold its assets to Central DuPage Hospital for $333,000.00 in cash. This money was mostly transferred to Zuckerman's personal accounts. He soon went on a gambling and day trading spree and lost all of the money. In July 2010, Zuckerman moved to Louisiana. On September 15, 2010, Zuckerman filed a chapter 11 petition in the Western District of Louisiana. His creditors include, among others, Stratford Center (with claims of $675,000.00), his ex-wife (with claims of $89,000.00), and the IRS (with claims of $50,000.00).

On September 28, 2010, Judge Popejoy ordered Chase to turn over the $10,117.49 held in Stratford Pediatric's accounts. On October 18, 2010, Stratford received a check in that amount. On October 25, 2010, however, Chase produced additional bank statements showing: (1) that Chase had not withdrawn the $10,117.49 from Stratford Pediatric's account, pursuant to the court's order, but instead withdrew the funds from Zuckerman's account; and (2) Chase had allowed Zuckerman to withdraw his remaining funds in mid-October, in violation of the citation. On November 9, 2010, Straford Center filed a Motion for Judgment against Chase asking for a contempt finding against Chase, and requesting that Chase be required to pay damages in the amount of the funds that were withdrawn by Zuckerman. On December 9, 2010, Chase filed its removal petition.

II. DISCUSSION

Chase cited 28 U.S.C. §§ 1334 and 1452 as the basis for federal jurisdiction in this matter. Pursuant to § 1452, a cause may be removed to the district court "if such district court has jurisdiction of such claim or cause of action under section 1334." Under § 1334, the district court has jurisdiction over three types of cases: (1) civil cases under title 11; (2) civil proceedings ...


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