Opinion
18-cv-05520
10-07-2021
CONTINENTAL INDEMNITY COMPANY, individually and as subrogee of THE LINN CONTRACTING COMPANIES, INC., Plaintiff, v. BII, INC., an Illinois Corporation doing business as PARAMOUNT POST, Defendant. and STARR INDEMNITY & LIABILITY COMPANY, Garnishee.
KENNETH ANSPACH, ESQ. ANSPACH LAW OFFICE Plaintiff, Continental Indemnity Company, individually and as subrogee of The Linn Contracting Companies, Inc
KENNETH ANSPACH, ESQ.
ANSPACH LAW OFFICE
Plaintiff, Continental Indemnity Company, individually and as subrogee of The Linn Contracting Companies, Inc
MOTION FOR ENTRY OF CONDITIONAL JUDGMENT
Honorable John Z. Lee
Plaintiff, CONTINENTAL INDEMNITY COMPANY, individually and as subrogee of THE LINN CONTRACTING COMPANIES, INC. (“Plaintiff”), by its attorney, Kenneth Anspach, moves this Court pursuant to Fed.R.Civ.P. 69(a) and 735 ILCS 5/12-706(a) for entry of a conditional judgment in the amount of $621,198.95 against Garnishee, STARR INDEMNITY & LIABILITY COMPANY (“Starr Indemnity”) and for the issuance of summons against Starr Indemnity in the form attached hereto as Exhibit E confirming the conditional judgment against Starr Indemnity and commanding Starr Indemnity to show cause why the conditional judgment should not be made final, and in support thereof states as follows:
1. Judgment was entered in this case on July 7, 2021 in the amount of $607,712.72 against the judgment debtor, BII, INC., an Illinois Corporation doing business as PARAMOUNT POST (the “Judgment Debtor”). Pursuant to 735 ILCS 5/2-1303(a) post judgment interest has accrued on the judgment to date in the amount of $13,486.23. Thus, the amount of $621,198.95 is now due upon the judgment.
2. A Garnishment Summons, which bore a return date of September 24, 2021, was issued on August 17, 2021 and served on that date on Starr Indemnity by service upon the Director of the Illinois Department of Insurance, who, pursuant to 215 ILCS 5/112, was appointed by Starr Indemnity as "the true and lawful attorney of such company upon whom all lawful process in any action or legal proceeding against it may be served..." Also served were a Garnishment Notice, Affidavit for Garnishment (Non-Wage) with Interrogatories and attached judgment orders dated June 30, 2021 and July 7, 2021. Copies of the Garnishment Summons and Garnishment Notice, Affidavit for Garnishment (Non-Wage) with Interrogatories and attached judgment orders dated June 30, 2021 and July 7, 2021 are attached hereto as Exhibits AC, respectively. A copy of the Return of Service of Garnishment Summons is attached hereto as Exhibit D.
3. Starr Indemnity failed to appear and answer by the September 24, 2021 return date or at any time.
4. 735 ILCS 5/12-706(a) provides as follows:
Conditional judgment.
(a) When any person summoned as garnishee fails to appear and answer as required by Part 7 of Article XII of this Act, the court may enter a conditional judgment against the garnishee for the amount due upon the judgment against the judgment debtor. A summons to confirm the conditional judgment may issue against the garnishee, to be served and returned in the same manner as provided by Illinois Supreme Court Rule 105, otherwise than by publication, of a notice for additional relief upon a party in default, commanding the garnishee to show cause why the judgment should not be made final. If the garnishee, after being served with summons to confirm the conditional judgment or after being notified as provided in subsection (b) hereof, fails to appear and
answer, the court shall confirm such judgment to the amount of the judgment against the judgment debtor and award costs. If the garnishee appears and answers, the same proceedings may be had as in other cases.
5. Accordingly, Plaintiff requests that a conditional judgment in the amount due on the judgment against the Judgment Debtor be entered against Starr Indemnity in the amount of $621,198.95.
6. Further, Plaintiff requests that this Court issue summons against Starr Indemnity in the form as that attached hereto as Exhibit E confirming the conditional judgment against Starr Indemnity and commanding Starr Indemnity to show cause why the conditional judgment should not be made final.
WHEREFORE, Plaintiff moves this Court to enter a conditional judgment in the amount of $621,198.95 against Starr Indemnity, and for the issuance of summons against Starr Indemnity in the form attached hereto as Exhibit E confirming the conditional judgment against Starr Indemnity and commanding Starr Indemnity to show cause why the conditional judgment should not be made final.
EXHIBIT "A"
Return Dated: September 24, 2021
(Judgment Debtor)
Name: BII, Inc.
and Garnishee Defendant
Name: Starr Indemnity & Liability Company
PLEASE SERVE GARNISHEE DEFENDANT:
Starr Indemnity & Liability Company
c/o Dana Popish Severinghaus Director (and Registered Agent)
Illinois Department of Insurance
122 South Michigan Avenue 19th Floor
Chicago, IL 60603
THE JUDGMENT DEBTOR IS: a Corporation
KENNETH ANSPACH, ESQ.
ANSPACH LAW OFFICE
Attorney for Judgment Creditor, Continental Indemnity Company, individually and as subrogee of The Linn Contracting Companies, Inc.
GARNISHMENT SUMMONS (NON-WAGE)
Honorable John Z. Lee
To the garnishee defendant: Starr Indemnity & Liability Company
YOU ARE SUMMONED and required to file answers to the judgment creditor's interrogatories on or before the Return Date of September 24, 2021. However, if this summons is served on you less that 10 days prior to the Return Date (above), you must file answers to the interrogatories on or before 14 days after the return date stated above. IF YOU FAIL TO DO SO, A CONDITIONAL JUDGMENT BY DEFAULT MAY BE TAKEN AGAINST YOU FOR THE AMOUNT OF THE JUDGMENT UNPAID.
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To the officer:
This summons must be returned by the officer or other person to whom it was given for service and must include a certification that within 2 business days of service upon garnishee, the officer or other person has mailed, by the first-class mail, a copy of the Garnishment Notice and Summons to the Judgment Debtor, at the address above with endorsement of service and fees. If service cannot be made this summons shall be returned so endorsed. This summons may not be served later than the above date.
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(EXHIBIT "B" OMITTED)
(EXHIBIT "C" OMITTED)
EXHIBIT "D"
Date: August 18, 2021
RETURN OP SERVICE OF GARNISHMENT SUMMONS
Honorable John Z. Lee Judge
I hereby certify under penalty of perjury under the laws of the United States of America that I, Anyah Akanni, on the 17th day of August, 2021, at approximately 2:00 p.m., served a copy of the attached Garnishment Summons (Non-Wage), Garnishment Notice, and Affidavit for Garnishment (Non-Wage) with Interrogatories and attached judgment orders dated June 30, 2021 and July 7, 2021, upon Starr Indemnity & Liability Company by personal service upon Starr Indemnity & Liability Company c/o Dana Popish Severinghaus, Director (and Registered Agent), Illinois Department of Insurance, 122 South Michigan Avenue, 19th Floor, Chicago, IL 60603. I am not a party to the action, and am at least eighteen (18) years of age.
Anyah Akanni
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EXHIBIT "E"
(Judgment Debtor)
Name: BII, Inc.
and Garnishee Defendant
Name: Starr Indemnity & Liability Company
PLEASE SERVE GARNISHEE DEFENDANT:
Starr Indemnity & Liability Company
c/o Dana Popish Severinghaus Director (and Registered Agent)
Illinois Department of Insurance
122 South Michigan Avenue 19th Floor
Chicago, IL 60603
THE JUDGMENT DEBTOR IS: a Corporation
KENNETH ANSPACH, ESQ.
ANSPACH LAW OFFICE
Attorney for Judgment Creditor, Continental Indemnity Company, individually and as subrogee of The Linn Contracting Companies, Inc.
SUMMONS AFTER CONDITIONAL JUDGMENT
Honorable John Z. Lee Judge
To the garnishee defendant: Starr Indemnity & Liability Company
YOU ARE SUMMONED to file your appearance and to show cause, on or before the Return Date of__________ 2021, why the conditional judgment entered against you on __________, 2021 in the amount of $621,198.95 plus $__________incurred after date of conditional judgment, should not be made final. IF YOU FAIL TO APPEAR AND ANSWER, THE COURT SHALL CONFIRM SUCH CONDITIONAL JUDGMENT TO THE AMOUNT DUE ON THE JUDGMENT AGAINST THE JUDGMENT DEBTOR, PLUS
1 COSTS, WHICH CONDITIONAL JUDGMENT SHALL BE MADE FINAL. To the officer:
You are hereby directed to execute this writ by serving and returning the same in manner and form as required by law.
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