Opinion
Case No. 11-5813
11-23-2011
NATIONAL RENAL ALLIANCE, LLC, n/k/a RAI II, LLC, Plaintiff, v. GAIA HEALTHCARE SYSTEMS, LLC, Defendant and MAPLE AVENUE KIDNEY CENTER, Garnishee.
Tim Harvey ( pro hac vice Riley Warnock & Jacobson, PLC Attorney for Judgment Creditor Joseph Hasman (Bar No. 1151053) Chittenden, Murphy & Novotny, LLC Local Counsel for Judgment Creditor
Judge
MOTION FOR CONDITIONAL JUDGMENT
Pursuant to F.R.C.P 69 and 735 ILCS 5/12-706, Plaintiff/Judgment Creditor National Renal Alliance, LLC n/k/a RAI II, LLC ("NRA") moves this Court to enter a Conditional Judgment against Garnishee Maple Avenue Kidney Center ("Maple Avenue") for $305,729.92 for Maple Avenue's failure to appear and answer the garnishment served on it on September 29, 2011. NRA also requests that, pursuant to applicable law, the Court issue the summons attached hereto as Exhibit 1 requiring Maple Avenue to show cause why the conditional judgment should not be made final.
NRA acquired a $305,729.92 judgment against Judgment Debtor Gaia Healthcare Systems, LLC, in the United States District Court for the Middle District of Tennessee and registered the judgment in this Court. This Court issued a garnishment summons to Maple Avenue on September 15, 2011 (see Docket Entry No. 4: Non-Wage Garnishment Summons) in connection with the enforcement of NRA's judgment. Maple Avenue was served on September 29, 2011. (Affidavit of Process Server attached hereto as Exhibit 2). Maple Avenue has failed to answer the garnishment or appear before the Court.
Under Rule 69, state law governs the procedures supplementary to and in aid of judgment or execution. State law 735 ILCS 5/12-706 authorizes entry of a Conditional Judgment against a garnishee that fails to respond, and the conditional judgment is followed by a summons requiring the garnishee to show cause why final judgment should not enter. Accordingly, NRA requests that the Court (1) enter a conditional judgment against Maple Avenue in the amount of $305,729.92 and (2) issue the summons attached as Exhibit 1.
Respectfully submitted,
Tim Harvey (pro hac vice application pending)
Riley Warnock & Jacobson, PLC
Attorney for Judgment Creditor
Joseph Hasman (Bar No. 1151053)
Chittenden, Murphy & Novotny, LLC
Local Counsel for Judgment Creditor
CERTIFICATE OF SERVICE
I hereby certify that I have served a copy of the foregoing on the following by U.S. Mail:
Hamid Humayun
Maple Avenue Kidney Center
610 S. Maple Ave. Suite 4100
Oak Park, IL 60304
Kareem Syed
Maple Avenue Kidney Center
610 S. Maple, Ste. 4100
Oak Park, IL 60304
Gaia Healthcare Systems, LLC
c/o Larry C. Fulton (registered agent)
950 S. Cherry St., Ste. 710
Denver, CO 80246
Tim Harvey