United States District Court, N.D. Illinois, Eastern Division
A. Schaefers Brotschul Potts LLC
Precision Technologies, Ltd., Plaintiff. Scott A Schaefers,
One of Its Attorneys
David Weisman Magistrate Judge.
PLAINTIFF'S SWORN MOTION FOR ENTRY OF CONDITIONAL
JUDGMENT AGAINST FRANK FULLONE
E. Bucklo 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
Frank Fullone (“Frank”) in the amount of $163,
619.12 for its failure to respond to Birla's 10/13/17
Citation to Discover Assets (“Citation, ”
attached as exhibit 1). 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).
October 10, 2017, Birla had the Citation issued (ex. 1), and
served it on Frank by certified mail on October 12, 2017.
(U.S. Postal Service Certified Mail online delivery
information, exhibit 3); see also IL SCR Rule 277(c)
(“the citation will be served and returned in the
manner provided by rule for service … of a notice of
additional relief upon a party in default”); IL SCR
Rule 105(b) (a notice of additional relief may be served by
certified mail, return receipt requested).
Birla had reason to believe that Frank had knowledge of
property, income or indebtedness belonging to ERI because
Fifth Third Bank produced ERI's bank records showing
Frank as an authorized actor on ERI's account. (Exhibit
4, account number redacted).
Citation demanded a sworn answer and delivery of responsive
documents by October 27, 2017. (Id.).
Frank did not provide any response or documents by October
Accordingly, conditional judgment should be entered against
Frank under sections 2-1402(f)(1), 2-1402(k-3), and 12-706 of
the Illinois Code of Civil Procedure (“Code”).
of November 6, 2017, the amount of the Judgment which remains