Opinion
2021-cv-06419
09-01-2022
The Huntington National Bank successor to TCF Bank Plaintiff, v. Angelo Smith, individually and d/b/a Smithson Wine and Spirits Defendants.
The Huntington National Bank successor to TCF Bank Matthew L. Hendricksen One of its Attorneys.
Matthew F. Kennelly Assigned Judge.
The Huntington National Bank successor to TCF Bank Matthew L. Hendricksen One of its Attorneys.
MOTION FOR CONDITIONAL JUDGMENT
Gabrial A. Fuentes Magistrate Judge.
NOW COMES Plaintiff, The Huntington National Bank successor to TCF Bank, (“Plaintiff”), by its attorneys, Plunkett Cooney, P.C., and moves this Court for a Conditional Judgment against Third Party Citation Respondent Mo'Nique Smith and Smithson Venture Capitalist Enterprise Corporation. 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. On August 3, 2022, this Court granted Plaintiff's motion for alternative service (Doc 74) (a duplicate motion was filed as doc. 78) to serve Plaintiff's 735 ILCS 5/2-1402 citation on Angelo Smith (“Citation”), and a third-party citation on Mo'Nique Smith. See Doc. 79.
3. Thereafter Plaintiff served the Citation and Third-Party Citation to Mo'Nique and Angelo Smith by certified mail, overnight mail, and posting. See Group Exhibit B. Plaintiff also have the process server attempt regular service. See
Exhibit B. A detailed in the process server's affidavit, he posted the Citation and third-party citation to Monique at the addresses listed in Plaintiff's motion for alternative service, and on his return visits, found the postings had been removed. Id. Moreover, on one attempt the server made contact with a man who directed a child to close the door on the process server and draw the blinds. Id. A copy of the Citation and third-party citation to Mo'Nique are attached hereto as Exhibits C and D.
4. Plaintiff also served a third-party citation on Smithson Venture Capitalist Enterprise Corporation. Exhibit E. Plaintiff served the Illinois Secretary of State since its registered agent could not be found at the address listed with the Secretary of State. See Group Exhibit F. The third-party citation to Mo'Nique and Smithson Capital are hereafter collectively referred to as “Third Party Citations”
5. The return date for the Citation and Third-Party citations is September 9, 2022.
6. Plaintiff has not received any response from third party citation respondents Mo'Nique Smith and Smithson Venture Capitalist Enterprise Corporation.
7. In the event that Mo'Nique Smith and Smithson Venture Capitalist Enterprise Corporation fail to serve a response before the September 9, 2022, return date and fail to appear in court on September 9, Plaintiff requests the entry of a conditional judgment in the full amount of the judgment, that being $127,750.00. 735 ILCS 5/2-1402(k-3) (court may enter any order in citation proceedings that could be entered in a garnishment); 735 ILCS 5/12-706
(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).
WHEREFORE, Plaintiff, The Huntington National Bank successor to TCF Bank, respectfully requests this Court, in the event that Mo'Nique Smith and Smithson Venture Capitalist Enterprise Corporation fail to serve a response to the Third Party Citations before the September 9, 2022 return date or appear at the September 9, 2022 hearing, enter conditional judgments in the amount of $127,750.00 in favor of Plaintiff and against Mo'Nique Smith and Smithson Venture Capitalist Enterprise Corporation, and grant such further relief to which Plaintiff is entitled.
(Exhibit A Omitted)