Opinion
20-cv-06699 20-cv-07220
10-07-2024
ZENITH INSURANCE COMPANY, Plaintiff, v. THYSSENKRUPP ELEVATOR CORPORATION, Defendant. THYSSENKRUPP ELEVATOR CORPORATION, Third-Party Plaintiff, v. TRIAD SENIOR LIVING, INC. d/b/a WATERFORD ESTATES AND AFFORDABLE COMMUNITY HOUSING TRUST-EPSILON, Third-Party Defendants.
Counsel for ThyssenKrupp Elevator Corporation Steven P. Rouse, ARDC #6189672 Craig K. Kaplin, ARDC #6309383 MOLZAHN, REED & ROUSE, LLC Counsel for Triad Senior Living, Inc., and Affordable Community Housing Trust-Epsilon William B. Weiler, ARDC #6202075 Joshua D. Wiedner, ARDC #6342964 Langhenry, Gillen, Lundquist & Johnson, LLC
EXHIBIT 1
Beth W. Jantz Magistrate Judge
Counsel for ThyssenKrupp Elevator Corporation Steven P. Rouse, ARDC #6189672 Craig K. Kaplin, ARDC #6309383 MOLZAHN, REED & ROUSE, LLC
Counsel for Triad Senior Living, Inc., and Affordable Community Housing Trust-Epsilon William B. Weiler, ARDC #6202075 Joshua D. Wiedner, ARDC #6342964 Langhenry, Gillen, Lundquist & Johnson, LLC
CONSENT JUDGMENT
Charles R. Norgle, Sr. Judge
WHEREAS, on August 23, 2023, this Court entered the Memorandum Opinion & Order (Zenith Dkt. 128) (Carroll Dkt. 125) (the "Order") granting summary judgment on Count III of Third-Party Plaintiff TKE's Third Amended Third-Party Complaint (“Third-Party Complaint")(Zenith Dkt. 86) (Carroll Dkt. 81), in favor of TKE and against Triad Senior Living d/b/a Waterford Estates.
WHEREAS, Defendant/Third-Party Plaintiff ThyssenKrupp Elevator Corporation ("TKE”) and Third-Party Defendant Affordable Community Housing Trust-Epsilon (“ACHTE”) ("Collectively "the Parties") have agreed to resolve Count III of Third-Party Plaintiff TKE's Third Amended Third-Party Complaint ("Third-Party Complaint") (Zenith Dkt. 86) (Carroll Dkt. 81). Pursuant to their agreement, TKE and ACHTE have agreed to the entry of this consent judgment, as part of the agreement of the parties, ACHTE has agreed not to appeal, or otherwise attack the validity, enforceability or any part of this Consent Judgement.
NOW THEREFORE IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT:
1. By agreement and pursuant to the Assumed Name Act 805 ILCS 405/6 ("the Act”), Judgment is entered against Third-Party Defendant ACHTE individually and d/b/a Waterford Estates and in favor of Third-Party Plaintiff TKE as follows:
a. The Parties consent to this Court's August 23, 2023, Order (a copy of which is attached as Exhibit A) (Zenith Dkt. 128) (Carroll Dkt. 125) relating to Summary Judgment on Count III of TKE's Third-Party Complaint being amended pursuant to the Act, to substitute ACHTE individually and d/b/a Waterford Estates in the place of Triad Senior Living d/b/a Waterford Estates, including, but not limited to, the following language from the Order: "Finally, though they are not fully calculable at this juncture, TKE has damages due to Triad's breach. Given Church Mutual's rejection of TKE's tender, TKE is currently on the hook for litigation costs that would have been covered by the insurance policies, including its own litigation costs and any ultimate liability." (See the Order (Zenith Dkt. 128) (Carroll Dkt. 125)).
b. By agreement, a Consent Judgment is entered against Third-Party Defendant Affordable Community Housing Trust-Epsilon d/b/a Waterford Estates and pursuant to the Act, in the amount to be determined by the Court.
2. So long as ACHTE provides the exhibits to the Asset Sale Agreement between ACHTE and 17400 South Kedzie Ave LLC, TKE consents to withdraw its Discovery issued to ACHTE and Triad on August 16, 2024, as moot.
3. Further, TKE consents to not seeking leave to file amended complaints, adding 17400 South Kedzie Ave LLC as a defendant in these consolidated cases.
4. This Court shall maintain continuing jurisdiction over this action to enforce this Consent Judgment.
The foregoing Consent Judgment has been agreed and consented to by the Parties: