YCB INTERNATIONAL, INC., an Illinois corporation, Judgment Creditor,
UCF TRADING CO, LTD., a corporation of The Bahamas, Judgment Debtor. YCB INTERNATIONAL, INC., an Illinois corporation, Judgment Creditor, Supplemental Proceeding
under FRCP 69 and 735 ILCS 5/2-1402 UCF COMPANY, LTD., a corporation of The Bahamas, Third Party Citation Respondent.
Gregory J. Bueche, YCB INTERNATIONAL, INC., Judgment Creditor Its Attorney
GREGORY J. BUECHE, Attorney for YCB International, Inc. Warrenville, IL
MOTION FOR JUDGMENT AGAINST THIRD PARTY CITATION RESPONDENT UCF COMPANY, LTD PURSUANT TO FRCP 69 and 735 ILCS
5/2-1402 ARISING FROM ALTER EGO/SUCCESSOR LIABILITY
Judgment Creditor YCB International, Inc. moves this Court to issue judgment against Third Party Citation Respondent UCF Company, Ltd. declaring it liable, jointly and severally, as the successor corporation/alter ego of judgment debtor UCF Trading Company, Ltd. In support, YCB states as follows:
1. This Court issued a Third Party Citation to Discover Assets to UCF Company, Ltd. Docket 332.
2. On November 5, 2013, this Court found that YCB had made a prima facie showing of service of the Third Party Citation to Discover Assets on UCF Company. Docket 336.
3. UCF Company did not appear at the examination scheduled by the Citation for November 5, 2013, has not appeared before the Court, and has not submitted itself to examination or produced the documents listed in the Citation, and is in default.
COUNT I-UCF COMPANY IS SUCCESSOR/ALTER EGO OF JUDGMENT DEBTOR
4. The shareholders of judgment debtor UCF Trading Company are, upon information and belief, Robert Gagnon and his wife, Louise Gagnon. The President of judgment debtor is Robert Gagnon; day to day management is by Catherine Gagnon, their daughter.
5. UCF Company's shareholders are Robert Gagnon, Louise Gagnon and Catherine Gagnon, with Robert and Louise together holding a majority of shares of UCF Company. UCF Company's president is Robert Gagnon, and management is by Catherine Gagnon.
6. UCF Company was formed January 2011, shortly after this Court denied UCF Trading's motion to dismiss for lack of subject matter jurisdiction in August 2010.
7. Presently, UCF Company has the same street address, telephone number as judgment debtor.
8. UCF Company's website is at the internet address www.ucftrading.com. Even the most basic access to UCF Company information is at an address under the judgment debtor UCF Trading name. At the subscript of the pages of the site is the address and telephone number for UCF Company, which is the same as used by judgment Debtor UCF Trading.
9. Said website in the section entitled "Who We Are" states that UCF Company has been in existence for "45 years", despite the fact that the corporation was only formed in January 2011, therefore clearly representing to the world that UCF Company and judgment debtor are the same company. UCF Company is actively seeking to trade on the goodwill generated by its predecessor UCF Trading:
UCF Company Limited is a dynamic organization which has evolved and experienced considerable growth in its 45 years of existence. We are proud to be a third generation, family-owned and operated business specializing in global sourcing, manufacturing, product development, engineering, importation and distribution. We are a global company headquartered in Nassau, Bahamas, with warehouse locations ...