United States District Court, N.D. Illinois, Eastern Division
Precision Technologies, Ltd., Plaintiff.
America, Inc., defendant
E. Bucklo Judge
PLAINTIFF'S SWORN MOTION FOR ENTRY OF CONDITIONAL
JUDGMENT AGAINST FIFTH THIRD BANK
DAVID WEISMAN MAGISTRATE JUDGE
Birla Precision Technologies, Ltd. (“Birla”), by
its attorneys and pursuant to Fed.R.Civ.P. 69(a), 735 ILCS
§§ 5/2-1402(f)(1), 2-1402(k-3), and 12-706,
requests the Court to enter a conditional judgment against
Fifth Third Bank (“Fifth Third”) in the amount of
$161, 712.75 for its failure to respond to Birla's
8/25/17 Citation to Discover Assets (“Citation, ”
attached as exhibit 1 with affidavit of service ). In
support of this motion, Birla states as follows:
June 9, 2017, the Court granted Birla's motion for
default judgment against defendant ERI America, Inc.
(“ERI”). (6/9/17 Judgment 
(“Judgment”), exhibit 2).
August 25, 2017, Birla issued the Citation, and personally
served it on an authorized agent of Fifth Third. (Ex. 1).
Birla had reason to believe that Fifth Third held property or
income belonging to ERI because another third-party citation
respondent produced documents showing an ERI account at Fifth
Third. (Exhibits 3, 4, account numbers redacted).
Citation demanded a sworn answer and delivery of responsive
documents by September 15, 2017. (Id.).
Fifth Third did not provide any response or documents by
Accordingly, conditional judgment should be entered against
Fifth Third pursuant to sections 2-1402(f)(1), 2-1402(k-3),
and 12-706 of the Illinois Code of Civil Procedure
of September 18, 2017, the amount of the Judgment which
remains unsatisfied, ...