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Aniballi v. Kane County Sheriff's Department

United States District Court, N.D. Illinois, Eastern Division

February 4, 2014

RONALD ANIBALLI, Plaintiff,
v.
KANE COUNTY SHERIFF'S DEPARTMENT, GEORGE MICHAEL MARTIN, VILLAGE OF GILBERTS, and JIM DUDA, Defendants.

William B. Oberts, Esq., TRIBLER ORPET & MEYER, P.C., Chicago, Illinois.

DEFENDANTS, VILLAGE OF GILBERTS and JIM DUDA's MOTION FOR JUDGMENT

EDMOND E. CHANG, District Judge.

NOW COME Defendants, Village of Gilberts and Jim Duda, by their attorneys Tribler Orpett & Meyer, P.C., and seek judgment to be entered in the amount of $4, 005.51 in accordance with this Court's September 27, 2013 court order, and pursuant to Federal Rules of Civil Procedure 54 and 58. In support thereof, Defendants state as follows:

1. On September 27, 2013, this Court granted the Village of Gilberts and Jim Duda's Motion for Attorney's Fees and Costs. The Court ordered Plaintiff to pay $2, 360.00 in attorney's fees and $1, 645.51 in costs, for a total of $4, 005.51 ( See September 27, 2013 order attached as Exhibit A.)

2. In accordance with Local Rule 37.2, defense counsel has contacted Plaintiff's counsel on numerous occasions seeking payment by Plaintiff. ( See Group Exhibit B, which includes correspondence and/or e-mail communications with Plaintiff's counsel.)

3. Plaintiff previously testified that he was gainfully employed. Despite employment, Plaintiff has failed to pay any sum whatsoever in accordance with this Court's order.

4. Plaintiff also advised that he previously reached a monetary settlement with the Kane County Defendants and would pay Duda and the Village of Gilberts from those funds.

5. Despite repeated efforts to secure payment without court intervention, Plaintiff has not paid pursuant to this Court's September 27, 2013 order.

6. Defendants seek judgment in the amount of $4, 005.51 in accordance with this Court's September 27, 2013 order pursuant to Rules 54 and 58 of the Federal Rules of Civil Procedure.

7. Defendants also seek entry of an order by this Court seeking Plaintiff to show cause why he should not be held in contempt of court for failing to pay the amount awarded pursuant to this Court's order.

8. Defendants also seek reasonable attorney's fees and costs incurred based upon their repeated efforts to secure payment and/or compliance by Plaintiff with this Court's order.

WHEREFORE, Defendants, Village of Gilberts and Jim Duda, respectfully request this Honorable Court enter an order granting the following relief:

1. Judgment in the amount of $4, 005.51 against Plaintiff, ...

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