United States District Court, N.D. Illinois, Eastern Division
CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS HEALTH AND WELFARE FUND; and ARTHUR H. BUNTE, JR., as Trustee, Plaintiffs-Judgment Creditors,
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
Martin Magistrate Judge.
PLAINTIFFS' MOTION FOR ENTRY OF JUDGMENT
Charles P. Kocoras Judge.
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:
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.)
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.
August 10, 2016, the Citation was served on Longhorn through
John Green, the company's owner and Manager.
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.)
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).
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
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,
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,
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. ...