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Birla Precision Technologies, Ltd. 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.

          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 BLACKHAWK INDUSTRIAL DISTRIBUTION, INC.

          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 Blackhawk Industrial Distribution, Inc. (“Blackhawk”) in the amount of $163, 619.12 for its failure to respond to Birla's 10/10/17 Citation to Discover Assets (“Citation, ” attached as exhibit 1 with affidavit of service [46]). 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 and personally served it on Blackhawk's registered agent. (Ex. 1).

         3. Birla had reason to believe that Blackhawk held property, income or indebtedness belonging to ERI because Fifth Third Bank produced ERI's bank statements showing receipts of funds from Blackhawk. (Exhibit 3, account number redacted).

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

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

         6. Accordingly, conditional judgment should be entered against Blackhawk 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 November 6, 2017, the amount of the Judgment which remains unsatisfied, ...


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