Opinion
02 C 182
April 21, 2003
ORDER
REPORT AND RECOMMENDATION
On April 18, 2002, the District Judge entered a judgment in favor of the plaintiff Gulf Insurance Co. and jointly and severally against defendants Peter Maneyski Const. Inc, Complete Home Improvements, Inc., the Porch People, Inc., Forum Construction Group, Ltd., Mieczyslaw Maneykowski a/k/a Peter Maneyski, Beata Maneykowski and Barbara Tkaczy in the amount of $180,553.28 plus interest, costs and attorneys fees. [10-1.] A citation to discover assets was issued to Golf School District No. 67 (the "District"), which responded that it is holding funds belonging to defendant Pete; Maneyski Const. Inc. The District also advised the plaintiff of various other claims against defendant Peter Maneyski Const. Inc. See Affidavit of Gary Longquist, Ex. C to Plaintiff's Motion for Turnover of Assets. [32-1.] The plaintiff entered into a waiver agreement with the District in which the District agreed to turn over to the plaintiff the net sum of $31,244 following the entry of an order directing that turn over. ( Id., Ex. D.) The plaintiff then filed Plaintiff's Motion for Turnover of Assets [32-1], and that motion was referred to this court. This court ordered that any opposition to the plaintiff's motion or any request for a hearing on the plaintiff's motion must be filed by 4/7/03 [36-1.] No opposition or request for hearing was filed.
Accordingly, this court respectfully recommends that plaintiff's motion be GRANTED and Golf School District No. 67 be ordered to turn over to the plaintiff the amount of $31,244.00. This court further recommends that the District Court enter the Turn Over Order attached to plaintiff's motion as Exhibit 13.
A turnover order is a final judgment. Society of Lloyd's v. Estate of McMurray, 274 F.3d 1133, 1135 (7th Cir. 2001). Absent consent, the Magistrate Judge's ruling on a motion for a turnover order must be in the form of a report and recommendation. Michaelson v. Schor, No. 93 C 5124, 1997 WL 282929 (N.D.Ill. Nov. 15, 1996) (Marovich, I); Michaelson v. Schor, No. 95 C 6573, 1996 WL 478637 (N.D.Ill. Aug. 21, 1996) (Holderman, I).