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U.S. Bank National Association v. Londrigan, Potter & Randle, P.C.
United States District Court, C.D. Illinois, Springfield Division
October 25, 2016
U.S. BANK NATIONAL ASSOCIATION, as Trustee, successor-in-interest to Bank of America, N.A., as Trustee, successor-in-interest to Wells Fargo, N.A., as Trustee, for the Registered Holders of Credit Suisse First Boston Mortgage Securities Corp., Commercial Mortgage Pass-Through Certificates, Series 2007-C4, and U.S. BANK NATIONAL ASSOCIATION, as Trustee for the Registered Holders of the Mezz cap Commercial Mortgage Trust 2007-C5, Commercial Mortgage Pass-Through Certificates, Series 2007-C5, Plaintiffs,
LONDRIGAN, POTTER & RANDLE, P.C., an Illinois corporation; PERKINS COIE, a Washington limited liability partnership; SCOTT & SCOTT, P.C., and Illinois corporation; and SGRO, HANRAHAN, DURR & RABIN, LLP, an Illinois limited liability partnership; and SPRINGFIELD PRAIRIE PROPERTIES, LLC, an Illinois limited liability company; ROBERT W. EGIZII, an individual; THOMAS EGIZII, an individual; MICHAEL EGIZII, an individual; RODNEY EGIZII, an individual; JODI BAPTIST, an individual; JOHN PRUITT, an individual; CLYDE BEIMFOHR, an individual; EEI HOLDING CORPORATION, an Illinois corporation; and EGIZII PROPERTY MANAGERS, LLC, an Illinois limited liability company, Defendants.
Richard Mills United States District Judge.
a consolidated action.
Opinion and Order entered on August 15, 2016, the Court
Allowed the Motion to Dismiss the four Law Firms named as
Defendants and the Law Firms were terminated as Parties.
Court Allowed in part and Denied in part the Motions to
Dismiss the claims asserted against the Borrower, its Members
and Related Entities.
the Plaintiffs seek to appeal the dismissal of the claims
asserted against the Law Firm Defendants while the claims
against the other Defendants are proceeding in this Court.
before the Court is the Plaintiffs' Motion for
Certification pursuant to Federal Rule of Civil Procedure
Plaintiffs in both cases are real estate mortgage investment
conduits. In the Complaints, the Plaintiffs allege the
Trustees possess customary powers to hold, manage and dispose
of assets for the benefit of the A Note Holder's
Defendants in the first (now-dismissed) case, Number
3:15-cv-03195, include the following law firms: Londrigan,
Potter & Randle, P.C; Perkins Coie; Scott & Scott,
P.C. and Sgro, Hanrahan, Durr & Rabin (collectively,
“Defendants” or “Law Firms”).
Plaintiffs also filed a Verified Complaint against the
Borrower and its individual Members/Partners,
Indemnitor/Guarantor and other entities. See U.S. Bank
National Association, et al., v. Springfield Prairie
Properties, LLC; Robert W. Egizii; Thomas Egizii; Michael
Egizii; Rodney Egizii; Jodi Baptist; John Pruitt; Clyde
Beimfohr; EEI Holding Corporation; and Egizii Property
Managers, LLC, Case Number 3:15-cv-03199
(“Borrower Complaint”). Following the Court's
ruling on the Motions to Dismiss, this portion of the
consolidated case is all that remains.
Plaintiffs seek certification, pursuant to Rule 54(b), that
there is no just reason to delay the enforcement of this
Court's Order granting the Law Firm Defendants'
Motion to Dismiss. Rule 54(b) provides in part:
When an action presents more than one claim for
relief-whether as a claim, counterclaim, crossclaim, or
third-party claim-or when multiple parties are involved, the
court may direct entry of a final judgment as to one or more,
but fewer than all, claims or parties only if the court
expressly determines that there is no just reason for delay.
Otherwise, any order or other decision, however designated,
that adjudicates fewer than all the claims or the rights and
liabilities of fewer than all the parties does not end the
action as to any of the claims or ...