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MAC Funding Corp. v. Cox

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

September 19, 2017

MAC FUNDING CORPORATION, a Delaware corporation, Plaintiff,
v.
SHERYL ANN COX d/b/a COX MACHINE & TOOL, an Oklahoma citizen, Defendant.

          MAC FUNDING CORPORATION Rein F. Krammer One of its Attorneys.

          Rein F. Krammer, Esq. MASUDA, FUNAI, EIFERT & MITCHELL, LTD. Attorney for Plaintiff.

          MICHAEL T. MASON MAGISTRATE JUDGE.

          MOTION TO REINSTATE AND TO ENTER JUDGMENT

          EDMOND E. CHANG JUDGE.

         Plaintiff, MAC FUNDING CORPORATION (“MAC”), by and through its attorneys, Rein F. Krammer of Masuda, Funai, Eifert & Mitchell, Ltd., hereby moves to reinstate this cause and to enter judgment pursuant to the Agreed Order entered into in this cause, and provides as follows:

1. On or about May 18, 2016, this Court entered an Agreed Order of Dismissal [Dkt. No. 20 (the "Agreed Order"). The Court retained jurisdiction under the Agreed Order to enforce the terms of the Agreed Order and the Settlement Agreement (as defined therein). [Dkt. No. 20, Para. 4].
2. Pursuant to the terms of the subject Agreed Order, Defendant, SHERYL ANN COX d/b/a COX MACHINE & TOOL (“Cox”) was to make monthly installment payments to plaintiff MAC pursuant to the payment provisions contained within paragraph 1 of the Agreed Order.
3. However, contrary to the provisions of paragraph 1 of the Agreed Order, Defendant, Cox has failed to make the required installment payments. Past due and owing under the Agreed Order are the monthly installments from September 15, 2016 through September 15, 2017. In addition, Cox has failed to provide the required proof of insurance on the Subject Equipment or to return possession of the Subject Equipment to MAC.
4. As a result of such failures, MAC issued to Cox demand letters, pursuant to the Agreed Order, requesting a cure of the defaults. (See Exhibit “A”).
5. Despite the issuance of the foregoing demand letters, Cox has failed to cure such defaults or breaches.
6. As a result of the failure to cure, MAC is causing to be filed herewith the Declaration of Ms. Victoria Morales, Credit Analyst of MAC (See Exhibit “B”), setting forth the fact of such defaults or breaches, and the remaining balance due and owing from Cox.
7. Pursuant to the provisions of paragraph 2 of the Agreed Order, as a result of such breaches, and the filing of the aforementioned Declaration, MAC is entitled to judgment against Cox, for the amounts and relief set forth in the proposed Judgment Order, a copy of which is attached hereto as Exhibit “C.”

         WHEREFORE, Plaintiff MAC FUNDING CORPORATION prays for judgment against Defendant, SHERYL ANN COX d/b/a COX MACHINE & TOOL as set forth in the proposed Judgment Order attached hereto as Exhibit “C, ” and for other relief as may be just and fair.

         (EXHIBIT ...


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