Opinion
13 C 2197
06-06-2021
CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND; and CHARLES A. WHOBREY, as Trustee, Plaintiffs-Judgment Creditors, v. HENRY TIMME, an individual; and TIMME LAND COMPANY, LLC, a Wisconsin limited liability company, Defendants-Judgment Debtors.
ORDER REVIVING JUDGMENT
HONORABLE JAMES B. ZAGEL DISTRICT JUDGE
This matter coming to be heard on Plaintiffs' Motion to Revive Judgment, the Court finds, based upon the allegations of the petition, the representations of the Plaintiffs, and evidence taken, that:
1. This Court entered a judgment on June 3, 2014, in favor of Plaintiffs and against Defendant Henry Timme in the total amount of $642, 125.33 for withdrawal liability, interest, and statutory damages, plus post-judgment interest from the date of the judgment computed and charged on the entire judgment balance at an annualized interest rate equal to two percent (2%) plus the prime interest rate established by JPMorgan Chase Bank, NA for the fifteenth (15th) day of the month for which the interest is charged, compounded annually (the “Judgment”). (Dkt. No. 42)
2. The Judgment remains unsatisfied.
3. The outstanding balance of the Judgment is $480, 582.33 (consisting of $358, 493.66 in principal and $122, 088.67 in post-judgment interest calculated through April 15, 2021).
4. Rule 69 of the Federal Rules of Civil Procedure directs that Illinois law controls the manner in which judgments entered by this Court are executed. Under 735 ILCS 5/12-108, judgments may not be enforced beyond seven (7) years after the initial entry of judgment, unless revived as provided under 735 ILCS 5/2-1601 and in accordance with 735 ILCS 5/2-1602. A judgment may be revived by filing a petition in the original case in which the judgment was entered and providing notice of the petition to interested parties. 735 ILCS 5/2-1602(b) and (c).
5. Pursuant to 735 ILCS 5/2-1602(d), an order reviving a judgment shall be for the original amount of the judgment.
WHEREFORE, IT IS HEREBY ORDERED: that the aforesaid Judgment against Henry Timme in the total amount of $642, 125.33 shall be, and hereby is, revived for the original amount of said Judgment in accordance with 735 ILCS 5/2-1602.