Opinion
2021-cv-06419
06-30-2022
The Huntington National Bank successor to TCF Bank Plaintiff, v. Angelo Smith, individually and d/b/a Smithson Wine and Spirits Defendants.
Gabrial A. Fuentes, Magistrate Judge
PLAINTIFF'S MOTION TO MAKE CONDITIONAL JUDGMENT FINAL
MATTHEW F. KENNELLY, USDJ
NOW COMES Plaintiff, The Huntington National Bank successor to TCF Bank, (“Plaintiff”), by its attorneys, Plunkett Cooney, P.C., and moves this Court to make its June 2, 2022 Conditional Judgment against Third Party Citation Respondent Angelos Logistics Group, LLC, f/k/a Angelos Logistics LLC, an Illinois limited liability company (“Angelos Logistics”) a final judgment. In support of its motion, Plaintiff states as follows:
1. On March 3, 2022, this Court entered judgment in favor of Plaintiff and against Angelo Smith, individually and d/b/a Smithson Wine and Spirits (” Defendant”). Exhibit A.
2. Plaintiff served a third-party citation on Angelos Logistics regarding the assets of Defendant with a return date of June 2, 2022. Exhibit B. The citation was served on May 9, 2022 (Exhibit C) through the registered agent. Exhibit D. Defendant is listed as the Manager of Angelos Logistics. Id.
3. Respondent Angelos Logistics failed to answer the citation and failed to appear in court on the June 2, 2022 return date. Exhibit F.
4. On June 2, 2022, this court entered a conditional judgment against Angelos Logistics pursuant to 735 ILCS 5/2-1402(k-3) (court may enter any order in citation proceedings that could be entered in a garnishment); 735 ILCS 5/12706 (authorizing entry of conditional judgment); All-Steel Employees Credit Union v. Singh, 345 Ill.App.3d 1005, 1009 (2d Dist. 2004) (upholding conditional judgment entered in citation proceeding where respondent failed to appear or answer). Illinois procedure regarding supplementary proceedings governs Plaintiff's citations and this proceeding. Fed.R.Civ.P. 69(a); Resolution Trust Corp. v Ruggiero, 994 F.2d 1221, 1226 (7th Cir. 1993).
5. Respondent Angelos Logistics was served with the order entering the conditional judgment on June 13, 2022. Exhibit E.
6. Angelos Logistics has failed to move to vacate the conditional judgment. If Angelos LLC fails to appear in court on July 8, 2022, Plaintiff requests this Court make the June 2, 2022 judgment final.(remainder of page is blank)
WHEREFORE, Plaintiff, The Huntington National Bank successor to TCF Bank, respectfully requests this Court make the June 2, 2022 conditional judgment against Respondent Angelos Logistics Group, LLC, f/k/a Angelos Logistics LLC a final judgment, and grant such further relief to which Plaintiff is entitled.