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PNC Bank, N.A. v. Harris Silver and Sons, Inc.

United States District Court, N.D. Illinois

November 7, 2016

PNC BANK, NATIONAL ASSOCIATION and PNC EQUIPMENT FINANCE, LLC, Plaintiffs,
v.
HARRIS SILVER AND SONS, INC., AG PLUS, LLC, 2AG, LLC, and MARK J. SILVER, Defendants.

          PNC BANK, NATIONAL ASSOCIATION and PNC EQUIPMENT FINANCE, LLC Martin J. Wasserman One of Their Attorneys Martin J. Wasserman Carlson Dash, LLC

          Honorable Iain D. Johnston Magistrate Judge

          PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT AND JUDGMENT OF FORECLOSURE AND SALE

          Honorable Frederick J. Kapala District Judge

         Plaintiffs, PNC Bank (“PNC Bank”) and PNC Equipment Finance, LLC (“PNCEF”), by their attorneys Carlson Dash, LLC, and pursuant to Federal Rules of Civil Procedure 55(a) & (b)(1), and 735 ILCS 5/15-1506(a) moves this Court for the entry of a (1) Default Judgment and (2) Judgment of Foreclosure and Sale against the above-named defendants. In support of its motion, Plaintiffs state as follows:

         Motion for Default

         1. On August 11, 2016, Plaintiffs filed their Complaint (the “Complaint”) seeking monetary judgments against their borrowers and guarantors for breach of contract relating to promissory notes and guarantees of those promissory notes, for the foreclosure of certain commercial real estate that stood as security for those promissory notes, for the delivery of certain collateral which also stood as security for those promissory notes, and for an accounting. A copy of the Complaint is attached as Exhibit 1.

         2. On August 30, 2016, Harris Silver and Sons, Inc. was served with process and a copy of the Complaint. A copy of the Return of Service is attached as Exhibit 2.

         3. On August 30, 2016, AG Plus, LLC was served with process and a copy of the Complaint. A copy of the Return of Service is attached as Exhibit 3.

         4. On August 30, 2016, 2AG, LLC was served with process and a copy of the Complaint. A copy of the Return of Service is attached as Exhibit 4.

         5. On August 30, 2016, Mark J. Silver was served with process and a copy of the Complaint. A copy of the Return of Service is attached as Exhibit 5.

         6. Under Federal Rule of Civil Procedure 12(a)(1)(A)(i), the Defendants had twenty-one (21) days within which to answer or otherwise plead to the Complaint.

         7. To date, the Defendants have failed to appear in this matter or to file an answer or otherwise plead to the Complaint within the time allowed by law.

         8. As a result of the Defendants' failure to appear, answer or otherwise plead to the Complaint, the allegations of the Complaint are deemed true. Black v. Lane, 22 F.3d 1395, 1399 (7th Cir. 1994); Yang v. Hardin, 37 F.3d 282, 286 (7th Cir. 1994); N.L.R.B v. Dane County Dairy, 795 F.2d 1313, 1323 (7th Cir. 1986).

         9. Attached as Exhibit 6 is the affidavit of Randolph Webster III setting forth the amounts due and owing to PNC Bank, exclusive of attorneys' fees ...


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