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Birla Precision Technologies, Inc. v. ERI America, Inc.

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

September 18, 2017

BIRLA PRECISION TECHNOLOGIES, INC., Plaintiff,
v.
ERI AMERICA, INC., Defendant.

          Birla Precision Technologies, Ltd., Plaintiff.

          ERI America, Inc., defendant

          Elaine E. Bucklo Judge

          PLAINTIFF'S SWORN MOTION FOR ENTRY OF CONDITIONAL JUDGMENT AGAINST FIFTH THIRD BANK

          M. DAVID WEISMAN MAGISTRATE JUDGE

         Plaintiff 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 [27]). In support of this motion, Birla states as follows:

         Relevant Background

         1. On June 9, 2017, the Court granted Birla's motion for default judgment against defendant ERI America, Inc. (“ERI”). (6/9/17 Judgment [11] (“Judgment”), exhibit 2).

         2. On August 25, 2017, Birla issued the Citation, and personally served it on an authorized agent of Fifth Third. (Ex. 1).

         3. 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).

         4. The Citation demanded a sworn answer and delivery of responsive documents by September 15, 2017. (Id.).

         5. Fifth Third did not provide any response or documents by September 15th.

         6. 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 (“Code”).

         7. As of September 18, 2017, the amount of the Judgment which remains unsatisfied, ...


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