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Real Living Real Estate, LLC Formerly Known As Gmac Real Estate, LLC v. Allegiant

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


April 10, 2012

REAL LIVING REAL ESTATE, LLC FORMERLY KNOWN AS GMAC REAL ESTATE, LLC,
PETITIONER,
v.
ALLEGIANT, LLC D/B/A ALLEGIANT REALTY GMAC REAL ESTATE, ANDREW J. SKUBITZ, AND BETTY M. SKUBITZ, RESPONDENTS.

The opinion of the court was delivered by: Judge Robert W. Gettleman

ORDER

CONFIRMING ARBITRATION AWARD AND JUDGMENT

This matter coming to be heard on Petitioner REAL LIVING REAL ESTATE, LLC's formerly known as GMAC Real Estate, LLC Motion for Confirmation of Arbitration Award and Judgment, all Respondents having been served with the Petition for Confirmation and the Court being fully advised,

IT IS HEREBY ORDERED AND ADJUDGED AS FOLLOWS:

1. The Award of Arbitrator on October 12, 2011, issued by arbitrator Paul Bernstein, in American Arbitration Association Case No. 51 115 01212 08 is confirmed pursuant to the Federal Arbitration Act.

2. Judgment is entered in favor of Petitioner REAL LIVING REAL ESTATE, LLC, and against RESPONDENTS as follows:

a. ANDREW SKUBITZ and BETTY SKUBITZ are jointly and severally liable to Petitioner in the amount of $286.312.18;

b. ANDREW SKUBITZ and BETTY SKUBITZ are jointly and severally liable to Petitioner for prejudgment interest in the amount of $16,755.15 (based on 12% per annum from October 22, 2012 [10 days from the date of the award] to April 17, 2012) which together with the amount awarded as of the date of the award equals a total amount of $303,067.33;

c. ALLEGIANT, LLC, d/b/a Allegiant Realty GMAC Real Estate is jointly and severally liable to Petitioner in the amount of $519,425.89;

d. ALLEGIANT, LLC, d/b/a Allegiant Realty GMAC Real Estate is jointly and severally liable to Petitioner for prejudgment interest in the amount of $30,397.09 (based on 12% per annum from October 22, 2012 [10 days from the date of the award] to April 17, 2012) which together with the amount awarded as of the date of the award equals a total amount of $549,822.98;

e. The amount owed by ANDREW SKUBITZ and BETTY SKUBITZ is included in the amount owed by ALLEGIANT, LLC and is thus subject to a dollar for dollar deduction to the extent such amounts are paid by Allegiant;

f. RESPONDENTS shall pay to Petitioner, the sum of $2,300, representing the portion of administrative fees and expenses of the American Arbitration Association in excess of the apportioned costs previously incurred by Petitioner;

g. GMAC is entitled to post-judgment interest as provided for by 28 U.S.C. § 1961 for any time period between the entry of final judgment and the date upon which GMAC receives payment and the amount of such interest is set at the rate of "the weekly average 1-year constant maturity Treasury yield, as published by the Board of Governors of the Federal Reserve System, for the calendar week preceding [this Judgment]," or ___ %.

April ____, 2012 ENTERED:

By:

JUDGE

20120410

© 1992-2012 VersusLaw Inc.



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