United States District Court, N.D. Illinois, Eastern Division
FUNDING CORPORATION Rein F. Krammer One of its Attorneys.
F. Krammer, Esq. MASUDA, FUNAI, EIFERT & MITCHELL, LTD.
Attorney for Plaintiff.
MICHAEL T. MASON MAGISTRATE JUDGE.
MOTION TO REINSTATE AND TO ENTER JUDGMENT
E. CHANG JUDGE.
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,
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
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.”
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