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Central States v. Sand

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

June 28, 2017

CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS HEALTH AND WELFARE FUND; and ARTHUR H. BUNTE, JR., as Trustee, Plaintiffs-Judgment Creditors,
v.
LONGHORN SAND and GRAVEL, LLC, an Indiana limited liability company, Defendant-Judgment Debtor, and JOHN GREEN, Respondent-Judgment Debtor.

          Caitlin M. McNulty ATTORNEY FOR PLAINTIFFS

          Daniel Martin Magistrate Judge.

          PLAINTIFFS' MOTION FOR ENTRY OF JUDGMENT ORDER

          Charles P. Kocoras Judge.

         NOW COME Plaintiffs, Central States, Southeast and Southwest Areas Health and Welfare Fund and Arthur H. Bunte, Jr., trustee thereof (collectively, "Plaintiffs" or "Central States"), and for the reasons stated in this Motion, request this Honorable Court to enter a judgment against John Green in the amount of $23, 378.25. In support of this Motion, Plaintiffs state as follows:

         A. Background Information.

         1. On December 3, 2015, this Court entered a Judgment Order in the amount of $21, 106.44 in favor of Central States and against Defendant Longhorn Sand and Gravel, LLC ("Longhorn"). (Dkt. 13.)

         2. On August 1, 2016, the Clerk of the Court issued a Citation in Supplemental Proceedings to Discover Assets (the "Citation") to Longhorn. The Citation contained a provision which forbid Longhorn from transferring its assets.

         3. On August 10, 2016, the Citation was served on Longhorn through John Green, the company's owner and Manager.

         4. On October 4, 2016, Plaintiffs filed their Motion for Order of Contempt of Court and for an Accounting directed at John Green (the "Contempt Motion") because Plaintiffs alleged that he caused or allowed Longhorn to transfer assets in violation of the Citation. (Dkt. 15.)

         5. Since Plaintiffs did not know whether the value of the assets transferred was less than the amount of the outstanding judgment, Plaintiffs requested an accounting of all transfers made after August 10, 2016 (the date Green was served with the Citation), to determine the judgment amount they are entitled to recover under 735 JLCS 5/2-1402(f)(1).

         6. On March 3, 2017, this Court entered an order granting Central States' Contempt Motion and required Longhorn to provide Central States with a complete accounting of all payments made from August 10, 2016 to February 28, 2017. (Dkt. 41 and 42.)

         7. Longhorn has produced its bank statements from August 10, 2016 through March 31, 2017. (¶ 3 of the Affidavit of Caitlin M. McNulty, attached hereto as Exhibit A and hereinafter cited as "Ex. A - McNulty Affidavit, ¶__".)

         8. The statements show that Longhorn transferred at least $18, 248.25 from its bank accounts during the period of August 10, 2016 through March 31, 2017. (Ex. A - McNulty Affidavit, ¶ 4.)

         9. Longhorn has never asserted that any of the transfers it made after being served with the Citation were exempt from the prohibition against transfer. Additionally, there is no statutory exception for payment of ordinary business expenses, including professional services. Bank of Am., N.A. v. Freed,971 N.E.2d 1087, 1095 (111. App. Ct. 2012); City of Chicago v. Air Auto Leasing Co., 697 N.E.2d 788, 791-92 (111. App. Ct. ...


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