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

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

November 6, 2017

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

          Scott A. Schaefers Brotschul Potts LLC

          Birla Precision Technologies, Ltd., Plaintiff. Scott A Schaefers, One of Its Attorneys

          M. David Weisman Magistrate Judge.

          PLAINTIFF'S SWORN MOTION FOR ENTRY OF CONDITIONAL JUDGMENT AGAINST FRANK FULLONE

          Elaine E. Bucklo 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 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:

         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 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).

         3. 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).

         4. The Citation demanded a sworn answer and delivery of responsive documents by October 27, 2017. (Id.).

         5. Frank did not provide any response or documents by October 27th.

         6. 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”).

         7. As of November 6, 2017, the amount of the Judgment which remains unsatisfied, ...


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