AMERICAN NATIONAL TRADING CORP.'S MOTION FOR ENTRY OF JUDGMENT ON COUNTS I THROUGH V OF THE TRUSTEE'S SECOND AMENDED COMPLAINT
REBECCA R. PALLMEYER, District Judge.
Defendant, American National Trading Corp. ("American National"), respectfully submits this Motion for Entry of Judgment on Counts I through V of the Trustee's Second Amended Complaint. Specifically, American National seeks an Order from the Court: (1) entering judgment in American National's favor and against the Trustee on Counts I through V of the Trustee's Second Amended Complaint; (2) directing the Trustee to pay American National its pro rata share of the SEG 1 Reserve and the Section 7.20(b) Disputed Claims Reserve within seven days of this Court's entry of judgment on Count III; and (3) granting all other just relief.
A Memorandum of Law has been submitted herewith.
Accordingly, in view of the arguments in the accompanying memorandum, American National respectfully requests that the Court GRANT its Motion for Entry of Judgment on Counts I through V of the Trustee's Second Amended Complaint.
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION
FREDERICK J. GREDE, not individually but as
Liquidation Trustee of the Sentinel Liquidation
Trust,
Honorable Rebecca R. Pallmeyer
Plaintiff,
v. Case No. 09-cv-00137
AMERICAN NATIONAL TRADING CORP.,
Defendant.
AMERICAN NATIONAL TRADING CORP.'S MEMORANDUM OF LAW IN SUPPORT OF ITS MOTION FOR ENTRY OF JUDGMENT ON COUNTS I THROUGH V OF THE TRUSTEE'S SECOND AMENDED COMPLAINT
Defendant, American National Trading Corp. ("American National"), submits this Memorandum of Law in Support of its Motion for Entry of Judgment on Counts I through V of the Trustee's Second Amended Complaint ("Complaint").1
INTRODUCTION
This case is one of 11 closely related adversary proceedings brought by the Trustee against former SEG 1 customers (collectively, the "SEG 1 Cases") of Sentinel Management Group, Inc. ("Sentinel"). The defendants in the SEG 1 Cases are FCStone LLC ("FCStone") IFX Markets, Inc., IPGL Ltd., Farr Financial, Inc., Cadent Financial Services, Rand Financial Services, Country Hedging Inc., Velocity Futures, LLC, American National Trading Corp., ABN AMRO Clearing Chicago LLC, Penson Financial Futures, Inc., Penson Futures f/k/a Penson GHCO and Crossland LLC (collectively, the "SEG 1 Defendants").
The Complaints in all the SEG 1 Cases contain identical counts, allege the same core facts and transactions, raise the same issues, and make the same claims. These counts are: (1) Count I for avoidance and recovery of post-petition transfer under § 549 of the of Title 11 of the United States Bankruptcy Code ("Bankruptcy Code"); (2) Count II for avoidance and recovery of prepetition preferential transfer under § 547 of the Bankruptcy Code; (3) Count III for declaratory judgment regarding the ownership interest in the reserve funds held by the Trustee (the "Reserves"); (4) Count IV for unjust enrichment; and (5) Count V for reduction or disallowance of claims. All the SEG 1 Defendants have raised the same core defenses.
Because of identical claims and common factual and legal issues, then-presiding Judge James B. Zagel concluded that the Sentinel SEG 1 litigation could best be resolved by using the "test case" approach. Judge Zagel approved Grede v. FCStone, Case No. 09-cv-136, as the test case for all the SEG 1 Cases.
After more than nine years of litigation, the Seventh Circuit has rendered rulings that effectively dispose of the SEG 1 Cases. As explained below, the Seventh Circuit's two opinions in the FCStone test case—Grede v. FCStone, LLC ("FCStone I"), 734 F.3d 244, 246-47, 251-260 (7th Cir. 2014) and Grede v. FCStone, LLC ("FCStone II"), 867 F.3d 767 (7th Cir. 2017)— have decided all of the Trustee's claims against the Trustee and in favor of FCStone and the other SEG 1 Defendants. These two opinions are legally binding on the Trustee in all of the SEG 1 Cases.
The Court, therefore, should enter judgment in favor of American National and against the Trustee on Counts I through V of the Complaint, and order the Trustee to pay American National its pro rata share of the SEG 1 Reserve and the Section 7.20(b) Disputed Claims Reserve within seven days of the Court's entry of judgment on Count III.
BACKGROUND
A. The Bench Trial in the FCStone Test Case
During the Fall of 2012, Judge Zagel held a lengthy bench trial in the FCStone test case. On January 4, 2013, Judge Zagel entered final judgment in favor of the Trustee on Count I (post-petition transfer), Count II (pre-petition preferential transfer), Count III (declaratory judgment for reserve funds) and Count V (disallowance of claims), and for FCStone on Count IV (unjust enrichment). FCStone appealed those counts decided against it and the Trustee cross-appealed the finding as to Count IV.
B. FCStone I: The Seventh Circuit Rules Against the Trustee on Counts I-V
On March 19, 2014, the Seventh Circuit found in favor of FCStone and reversed Judge Zagel's judgment on Counts I, II, III and V. FCStone I, 734 F.3d at 246-47, 251-260. The Seventh Circuit held that the post-petition transfer2 (Count I) was authorized by the Bankruptcy Court (id. at 246-47, 254-58)—and therefore that no avoidance action could be brought by the Trustee under 11 U.S.C § 549(a). Id. at 246-47. The Seventh Circuit also held that the pre-petition preferential transfer (Count II) fell within both the "settlement payment" and "securities contract" safe harbor exceptions to claw back in § 546(e) of the Bankruptcy Code. Id. at 251-54. The Seventh Circuit also denied the Trustee's cross-appeal for reinstatement of his unjust enrichment claim (Count IV), affirming Judge Zagel's holding that the Trustee's unjust enrichment claim is preempted by federal bankruptcy law. Id. at 259-60. While the Seventh Circuit reversed Judge Zagel's judgment for the Trustee on Count III, the Seventh Circuit did not specifically rule on the disposition of the Reserves.
C. The SEG 1 Proceedings Before Judge Zagel Following FCStone I
On remand, both FCStone and the SEG 1 Defendants filed motions for entry of judgment on Counts I, II, IV and V of the Trustee's Complaints.3 (See FCStone Dkt. No. 276; American National Dkt. No. 91). The Trustee and the SEG 1 Defendants (including FCStone) also filed competing motions for summary judgment on Count III (the Reserves).
On March 28, 2016, Judge Zagel entered judgment for FCStone on Counts I, II, IV and V, but for the Trustee on Count III. [FCStone Dkt. Nos. 289-90].
As for the SEG 1 Defendants' related motions for judgment on Counts I, II, IV and V, and for summary judgment on Count III, Judge Zagel denied them "with leave to reinstate after common issues of law and fact have been fully resolved in the SEG 1 `test case,' Grede v. FC Stone LLC, 9-cv-136. (Dkt. No. 154). Expanding further on the subject, Judge Zagel ordered that the "[p]arties should not refile until my March 28, 2016 Memorandum Opinion and Order in FCStone has been appealed and decided, or the time to appeal it has expired." Id.
D. FCStone II: The Seventh Circuit Rules Against the Trustee
The Trustee then appealed Judge Zagel's judgment on Count I (but not Counts II and IV). FCStone appealed Judge Zagel's judgment on Count III. On August 14, 2017, the Seventh Circuit ruled in favor of FCStone and against the Trustee on all the arguments presented by the parties on appeal. FCStone II, 867 F.3d at 767.
With respect to Count I, the Seventh Circuit rejected the Trustee's collateral estoppel argument and affirmed Judge Zagel's judgment against the Trustee on the Trustee's Post-Petition Transfer claim (Count I). FCStone II, 867 F.3d at 770-71.
With respect to Count III, the Seventh Circuit reversed Judge Zagel's judgment in favor of the Trustee and ruled in favor of FCStone and the other SEG 1 Defendants. The Seventh Circuit held that: (a) the money maintained by the Trustee in the SEG 1 Reserve4 was customer property (as opposed to property of Sentinel's estate); (b) as a result, FCStone and the other SEG 1 Defendants are entitled to the funds in the SEG 1 Reserve and the funds in the Section 7.20(b) Disputed Claims Reserve5; and (c) the SEG 1 Reserve funds and the funds in the Section 7.20(b) Disputed Claims Reserve must be distributed pro rata to FCStone and the other SEG 1 Defendants:
The question concerns the proper distribution of nearly $25 million held in reserve under the confirmed bankruptcy plan. FCStone argues that these funds are trust property belonging to it and other creditors in its customer class who are protected by statutory trusts under the Commodity Exchange Act. The district court disagreed, treating the funds instead as property of the bankruptcy estate subject to pro rata distribution among all Sentinel customers and other unsecured creditors. On this cross-appeal, we reverse. Under the Bankruptcy Code, property held by the debtor in trust for others is by definition not property of the bankruptcy estate. Pursuant to the confirmed bankruptcy plan, FCStone and similarly situated customers preserved their right to re-cover their trust property. These creditors are entitled to the benefit of reasonable tracing conventions. Moreover, FCStone introduced essentially unrebutted evidence at trial showing that it can trace a portion of the reserve funds back to its investment.
* * *
FCStone is therefore entitled to judgment on Count III, and FCStone and the other SEG 1 objectors are entitled to share pro rata in the SEG 1 reserve.
* * *
In light of these provisions [of Sentinel's bankruptcy plan] and our conclusions about the post-petition transfer and SEG 1 reserve funds, the Section 7.20(b) Disputed Claims Reserve should be liquidated and the funds disbursed to the SEG 1 Objectors who would have received these funds but for the property of the estate dispute.6
Id. at 771, 790-91 (emphasis added).7
ARGUMENT
The sole reason why Judge Zagel chose the FCStone case as a test case was to allow that case to resolve all the SEG 1 Cases without having to hold repetitive and wasteful trials on common issues and facts. Indeed, that is why Judge Zagel vacated the parties' cross-motions for summary judgment in March 2016 and directed the parties not to refile them until the Seventh Circuit had issued an opinion in FCStone II. That has now happened.
The Seventh Circuit has ruled against the Trustee in the FCStone test case on Counts I, II, III, IV and V of the Trustee's Complaint and ordered the Trustee to disburse the funds held in the SEG 1 Reserve and the Section 7.20(b) Disputed Claims Reserve to FCStone and the other SEG 1 Defendants. FCStone II, 867 F.3d at 771, 790-91. These rulings are binding on the Trustee in all the other SEG 1 Cases. See Ank v. Koppers Co., No. 89-16579, 1991 U.S. App. LEXIS 5381, *6 (9th Cir. 1991) ("the situations that are most likely to create an implied agreement to be bound involve a shared understanding that a single action is to serve as a test case that will resolve the claims or defenses of nonparties as well as parties."); Grubbs v. United Mine Workers, 723 F.Supp. 123 (W.D. Ark. 1989) (holding that test case collaterally estopped losing party from re-ligating same issue).
For all these reasons, the Court should: (a) enter judgment in American National's favor and against the Trustee on Counts I through V of the Trustee's Complaint; and (b) direct the Trustee to pay American National its pro rata share of the SEG 1 Reserve and the Section 7.20(b) Disputed Claims Reserve within seven days of the Court's entry of judgment on Count III.
The Court should note that American National's total pro rata share of these Reserves is readily ascertainable. According to a reserve account summary that the Trustee recently provided to the SEG 1 Defendants, American National's pro rata share of the funds in the SEG 1 Reserve was $1,117,074 as of July 31, 2017.8 (See Trustee's Reserve Account Summary, Ex. A). The SEG 1 Defendants do not dispute this calculation. Indeed, the reserve account summary is a statement of account that the Trustee, as the fiduciary of Sentinel's Liquidating Trust, is required to provide to the SEG I Defendants.
Moreover, according to the calculations of the SEG 1 Defendants, American National's pro rata share of the Section 7.20(b) Disputed Claims Reserve was $135,802 as of June 30, 2017. (Goodman Aff. ¶10, Ex. B) Each SEG 1 Defendant's pro rata share of the Section 7.20(b) Disputed Claims Reserve is based on such customer's SEG 1 (and SEG 2, if applicable) balances as of the petition date divided by the aggregate SEG 1 and SEG 2 balances of the SEG 1 Defendants as of the petition date. (Id. at ¶6)
Thus, based on these calculations, the Trustee owes American National a total of $1,252,876, plus interest accruing from the date of the calculations.
CONCLUSION
For the foregoing reasons, the Court should: (a) enter judgment in American National's favor and against the Trustee on Counts I through V of the Trustee's Second Amended Complaint; (b) direct the Trustee to pay American National its pro rata share of the SEG 1 Reserve and the Section 7.20(b) Disputed Claims Reserve within seven days of the Court's entry of judgment on Count III; and (c) grant all other just relief.
Respectfully submitted,
AMERICAN NATIONAL TRADING CORP.
By: /s/Henry K. Becker
Its Attorney
Henry K. Becker, atty at law
227 South Blvd.
Oak Park, IL 60302
312-278-3004
hb@hkb-law.com
No. 6187414
EXHIBIT A
Non-Electing CB Claims Seg 1 Reserve: $24,626,984
Seg 2 Reserve: $4,567,042
SEG 1 SEG 2 SEG 3 TOTAL
Less Pro Rata Less Pro Rata
Petition Date Less 8/21 Citodel Share Seq 1 NetSeq I Claim Petition Date Share Seq 2
Balance Distibution Reserve* Balance Balance Reserve* Net Seq 2 Seq 3
Alaron (combined)** $165,038 ($114,699) ($14,228) $36,112 $2,303,605 (1,295,897) $1,007,708 $1,428,880 $2,472,700
American National $12,957,977 ($9,005,468) ($1,117,074) $2,835,435 $0 0 $0 $0 $2,835,435
Cadent $32,029,180 ($22,259,213) ($2,761,153) $7,008,814 $0 0 $0 $0 $7,008,814
County Hedging $15,800,128 ($10,980,562) ($1,362,088) $3,457,477 $0 0 $0 $1,281,988 $4,739,465
Crossland $7,664,020 ($5,326,270) ($660,695) $1,677,055 $0 0 $0 $0 $1,677,055
Farr $14,491,035 ($10,070,845) ($1,249,235) $3,170,955 $0 0 $0 $2,357,033 $5,527,988
FC Stone $20,834,149 ($14,479,039) ($1,796,058) $4,559,052 $0 0 $0 $0 $4,559,052
Fortis $75,910,845 ($52,755,816) ($6,544,079) $16,610,950 $5,003,403 (2,814,673) $2,188,730 $0 $18,799,681
IFX*** $49,224,290 ($34,209,441) ($4,243,499) $10,771,349 $0 0 $0 $5,617,214 $16,388,564
Penson (combined) $33,958,786 ($23,600,363) ($2,927,500) $7,430,924 $811,432 (456,472) $354,960 $653,284 $8,439,168
Peregrine $4,797,177 ($3,333,781) ($413,552) $1,049,844 $0 0 $0 $130,687 $1,180,531
Rand $2,803,738 ($1,948,505) ($241,703) $613,530 $0 0 $0 $0 $613,530
Velocity $15,034,885 ($10,448,744) ($1,296,119) $3,290,022 $0 0 $0 $2,486,105 $5,776,127
___________________________________________________________________________________________________________________________________________________________________________________________________
$285,671,248 ($198,532,745) ($24,626,984) $62,511,519 $8,118,440 (4,567,042) $3,551,398 $13,955,191 $80,018,108
* Reserve balances as of July 31, 2017. Seg 1 and 2 reserves allocated pro rata based on petition date balances.
EXHIBIT B
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION
FREDERICK J. GREDE, not individually but as
Liquidation Trustee of Sentinel Liquidation Trust
Plaintiff,
v. Honorable Rebecca R. Pallmeyer
PENSON FINANCIAL FUTURES, INC. & Case No. 09-cv-00101
IFX MARKETS, INC., IPGL, LTD. & HAIN Case No. 09-cv-00115
CAPITAL HOLDINGS, LTD.,
Defendants.
Case No. 09-cv-00120
PENSON FUTURES f/k/a PENSON GHCO,
Defendants.
FARR FINANCIAL, INC.,
Defendant.
CADENT FINANCIAL SERVICES, Case No. 09-cv-00127
Defendant.
RAND FINANCIAL SERVICES, Case No. 09-cv-00128
Defendant.
COUNTRY HEDGING INC., Case No. 09-cv-00130
Defendant.
VELOCITY FUTURES, LP, Case No. 09-cv-00135
Defendant.
FCSTONE, LLC, Case No. 09-cv-00136
Defendant.
AMERICAN NATIONAL TRADING CORP.,
Defendant. Case No. 09-cv-00137
ABN AMR() CLEARING CHICAGO LLC, Case No. 09-cv-00138
(f/k/a FORTIS CLEARING AMERICAS, LLC),
Defendant.
CROSSLAND LLC, Case No. 09-cv-00140
Defendant.
AFFIDAVIT OF GEOFFREY S. GOODMAN
I, GEOFFREY S. GOODMAN, depose and state as follows:
1. I am over twenty-one years old.
2. I am a partner at Foley & Lardner LLP ("Foley"), 321 North Clark Street, Suite 2800, Chicago, IL 60654, and have been duly admitted to practice in the State of Illinois, the Northern District of Illinois and the Seventh Circuit Court of Appeals, among other jurisdictions.
3. At all times relevant to this case, I have represented various of the SEG 1 Defendants, and am currently representing six of the SEG 1 Defendants.
4. I am submitting this affidavit in support of the SEG 1 Defendants' respective motions for entry of judgment (the "Motions").
5. On September 7, 2017, I received an email from Vincent Lazar, counsel for the Trustee, which attached a summary of the reserve amounts held for SEG 1 and SEG 2 customers, including a breakdown of the each of the SEG 1 Defendants' respective share of each reserve. The summary also listed the petition date balances for those SEG 1 Defendants holding SEG 3/4 claims. A true and correct copy of the Trustee's Reserve Account Summary, with highlighting added and certain material redacted as set forth in footnote 8 of the Motions, is attached as Ex. 1.
6. Each SEG 1 Defendant's pro rata share of the Section 7.20(b) Reserve has been calculated based on such customer's SEG 1 (and SEG 2, if applicable) balances as of the petition date divided by the aggregate SEG 1 and SEG 2 balances of the SEG 1 Defendants as of the petition date. The pro rata share of a SEG 1 Defendant (that holds SEG 3/4 claims) in the SEG 3/4 Reserve is based on such SEG 1 Defendant receiving a 59% distribution on account of such SEG 1 Defendant's petition date SEG 3/4 balance, as such balance was reflected on the Trustee's Reserve Account Summary.1
7. Applying the foregoing calculation to the reserve balances provided by the Trustee in Ex. 1, American National's pro rata share of the: (a) Section 7.20(b) Disputed Claims Reserve was $135.802 as of June 30, 2017; and (b) SEG 3/4 Reserve was $0 as of July 31, 2017.
8. Applying the foregoing calculation to the reserve balances provided by the Trustee in Ex. 1, Cadent's pro rata share of the: (a) Section 7.20(b) Disputed Claims Reserve was $335,673 as of June 30, 2017; and (b) SEG 3/4 Reserve was $0 as of July 31, 2017.
9. Applying the foregoing calculation to the reserve balances provided by the Trustee in Ex. 1, Country Hedging's pro rata share of the: (a) Section 7.20(b) Disputed Claims Reserve was $165,588 as of June 30, 2017; and (b) SEG 3/4 Reserve was $756,373 as of July 31, 2017.
10. Applying the foregoing calculation to the reserve balances provided by the Trustee in Ex. 1, Crossland's pro rata share of the: (a) Section 7.20(b) Disputed Claims Reserve was $80,321 as of June 30, 2017; and (b) SEG 3/4 Reserve was $0 as of July 31, 2017.
11. Applying the foregoing calculation to the reserve balances provided by the Trustee in Ex. 1, Farr's pro rata share of the: (a) Section 7.20(b) Disputed Claims Reserve was $151,869 as of June 30, 2017; and (b) SEG 3/4 Reserve was $1,390,649 as of July 31, 2017.
12. Applying the foregoing calculation to the reserve balances provided by the Trustee in Ex. 1, FCStone's pro rata share of the: (a) Section 7.20(b) Disputed Claims Reserve was $218,346 as of June 30, 2017; and (b) SEG 3/4 Reserve was $0 as of July 31, 2017.
13. Applying the foregoing calculation to the reserve balances provided by the Trustee in Ex. 1, ABN AMRO's pro rata share of the: (a) Section 7.20(b) Disputed Claims Reserve was $847,999 as of June 30, 2017; and (b) SEG 3/4 Reserve was $0 as of July 31, 2017.
14. Applying the foregoing calculation to the reserve balances provided by the Trustee in Ex. 1, IFX's pro rata share of the: (a) Section 7.20(b) Disputed Claims Reserve was $515,881 as of June 30, 2017; and (b) SEG 3/4 Reserve was $3,314,156 as of July 31, 2017.
15. Applying the foregoing calculation to the reserve balances provided by the Trustee in Ex. 1, Rand's pro rata share of the: (a) Section 7.20(b) Disputed Claims Reserve was $29,384 as of June 30, 2017; and (b) SEG 3/4 Reserve was $0 as of July 31, 2017.
16. Applying the foregoing calculation to the reserve balances provided by the Trustee in Ex. 1, Velocity's pro rata share of the: (a) Section 7.20(b) Disputed Claims Reserve was $157,569 as of June 30, 2017; and (b) SEG 3/4 Reserve was $1,466,802 as of July 31, 2017.
17. Applying the foregoing calculation to the reserve balances provided by the Trustee in Ex. 1, Penson's pro rata share of the: (a) Section 7.20(b) Disputed Claims Reserve was $364,399 as of June 30, 2017; and (b) SEG 3/4 Reserve was $385,438 as of July 31, 2017.2
Pursuant to 28 U.S.C. § 1746, I Geoffrey S. Goodman, declare under penalty of perjury that the foregoing is true and correct.
FURTHER YOUR AFFIANT SAYETH NAUGHT.
Geoffrey S. Goodman
Executed on October 12, 2017
EXHIBIT 1
Non-Electing CB Claims Seg 1 Reserve: $24,626,984
Seg 2 Reserve: $4,567,042
SEG 1 SEG 2 SEG 3 TOTAL
Less Pro Rata Less Pro Rata
Petition Date Less 8/21 Citodel Share Seq 1 NetSeq I Claim Petition Date Share Seq 2
Balance Distibution Reserve* Balance Balance Reserve* Net Seq 2 Seq 3
Alaron (combined)** $165,038 ($114,699) ($14,228) $36,112 $2,303,605 (1,295,897) $1,007,708 $1,428,880 $2,472,700
American National $12,957,977 ($9,005,468) ($1,117,074) $2,835,435 $0 0 $0 $0 $2,835,435
Cadent $32,029,180 ($22,259,213) ($2,761,153) $7,008,814 $0 0 $0 $0 $7,008,814
County Hedging $15,800,128 ($10,980,562) ($1,362,088) $3,457,477 $0 0 $0 $1,281,988 $4,739,465
Crossland $7,664,020 ($5,326,270) ($660,695) $1,677,055 $0 0 $0 $0 $1,677,055
Farr $14,491,035 ($10,070,845) ($1,249,235) $3,170,955 $0 0 $0 $2,357,033 $5,527,988
FC Stone $20,834,149 ($14,479,039) ($1,796,058) $4,559,052 $0 0 $0 $0 $4,559,052
Fortis $75,910,845 ($52,755,816) ($6,544,079) $16,610,950 $5,003,403 (2,814,673) $2,188,730 $0 $18,799,681
IFX*** $49,224,290 ($34,209,441) ($4,243,499) $10,771,349 $0 0 $0 $5,617,214 $16,388,564
Penson (combined) $33,958,786 ($23,600,363) ($2,927,500) $7,430,924 $811,432 (456,472) $354,960 $653,284 $8,439,168
Peregrine $4,797,177 ($3,333,781) ($413,552) $1,049,844 $0 0 $0 $130,687 $1,180,531
Rand $2,803,738 ($1,948,505) ($241,703) $613,530 $0 0 $0 $0 $613,530
Velocity $15,034,885 ($10,448,744) ($1,296,119) $3,290,022 $0 0 $0 $2,486,105 $5,776,127
___________________________________________________________________________________________________________________________________________________________________________________________________
$285,671,248 ($198,532,745) ($24,626,984) $62,511,519 $8,118,440 (4,567,042) $3,551,398 $13,955,191 $80,018,108
* Reserve balances as of July 31, 2017. Seg 1 and 2 reserves allocated pro rata based on petition date balances.
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION
FREDERICK J. GREDE, not individually but as
Liquidation Trustee of the Sentinel Liquidation
Trust,
Honorable Rebecca R. Pallmeyer
Plaintiff,
v.
Case No. 09-cv-00137
AMERICAN NATIONAL TRADING CORP.,
Defendant.
NOTICE OF AMERICAN NATIONAL TRADING CORP.'S MOTION FOR ENTRY OF JUDGMENT ON COUNTS I, II, III, IV AND V OF THE TRUSTEE'S SECOND AMENDED COMPLAINT
TO: ALL COUNSEL OF RECORD
PLEASE TAKE NOTICE that on October 19, 2017 at 8:45 a.m, Defendant American National Trading Corp. shall appear before the Honorable Rebecca R. Pallmeyer, United States District Judge, the Northern District of Illinois, Eastern Division, Everett McKinley Dirksen Courthouse, 219 South Dearborn Street, Chicago, Illinois 60604, Courtroom 2141 and shall then and there present its MOTION FOR ENTRY OF JUDGMENT ON COUNTS I THROUGH V OF THE TRUSTEE'S SECOND AMENDED COMPLAINT, a copy of which is attached and served upon you.
Dated: October 16, 2017 Respectfully submitted,
AMERICAN NATIONAL TRADING CORP.
By: /s/Henry K. Becker
Its Attorney
Henry K. Becker, atty at law
227 South Blvd.
Oak Park, IL 60302
312-278-3004
hb@hkb-law.com
No. 6187414
