PLAINTIFF'S SWORN MOTION FOR ENTRY OF CONDITIONAL JUDGMENT AGAINST MARIA G. FULLONE

ELAINE E. BUCKLO, District Judge.

Plaintiff Birla Precision Technologies, Ltd. ("Birla"), by its attorneys and pursuant to Fed. R. Civ. P. 69(a), 735 ILCS §§ 5/2-1402(f)(1), 2-1402(k-3), and 12-706, requests the Court to enter a conditional judgment against Maria G. Fullone ("Maria") in the amount of $163,619.12 for its failure to respond to Birla's 10/13/17 Citation to Discover Assets ("Citation," attached as exhibit 1). In support of this motion, Birla states as follows:

RELEVANT BACKGROUND

1. On June 9, 2017, the Court granted Birla's motion for default judgment against defendant ERI America, Inc. ("ERI"). (6/9/17 Judgment [11] ("Judgment"), exhibit 2).

2. On October 13, 2017, Birla had the Citation issued (ex. 1), and served it on Maria by certified mail on October 16, 2017. (U.S. Postal Service Certified Mail online delivery information, exhibit 3); see also IL SCR Rule 277(c) ("the citation will be served and returned in the manner provided by rule for service . . . of a notice of additional relief upon a party in default"); IL SCR Rule 105(b) (a notice of additional relief may be served by certified mail, return receipt requested).

3. Birla had reason to believe that Maria had knowledge of property, income or indebtedness belonging to ERI because Fifth Third Bank produced ERI's bank records showing Maria as an authorized actor on ERI's account. (Exhibit 4, account number redacted).

4. The Citation demanded a sworn answer and delivery of responsive documents by October 27, 2017. (Id.).

5. Maria did not provide any response or documents by October 27th.

6. Accordingly, conditional judgment should be entered against Maria under sections 2-1402(f)(1), 2-1402(k-3), and 12-706 of the Illinois Code of Civil Procedure ("Code").

7. As of November 6, 2017, the amount of the Judgment which remains unsatisfied, including interest, is $163,619.12.

ARGUMENT

8. Federal judgment enforcement proceedings are governed by FRCP 69 and forum state law. Rule 69(a) of provides (Fed. R. Civ. Proc. 69(a)):

9. Section 2-1402 of the Code provides for supplementary proceedings to enforce judgments. 735 ILCS 5/2-1402. Section 2-1402(f)(1) provides the court may enter judgment against a third-party citation respondent which violates the restraining provision of a citation, in the amount of the outstanding judgment or the value of the property transferred in violation of the restraining provision, whichever is less. Id., § 2-1402(f)(1).

10. Section 2-1402(k-3) of the Code allows the court to enter judgment against a citation respondent pursuant to the Garnishment sections of the Code. 735 ILCS 5/2-1402(k-3); 735 ILCS 5/12-701 et seq. Section 12-706, in light of section 2-1402(k-3), allows the court to enter conditional judgment against a citation respondent who fails to answer the citation. 735 ILCS 5/12-706.

11. Maria's failure to properly respond to the citation warrants entry of conditional judgment under the Code.

WHEREFORE, Birla requests the Court to enter conditional judgment against Maria in the amount of $163,619.12, and awarding Birla any other appropriate relief.

DECLARATION

I, Scott A. Schaefers, attorney for plaintiff Birla Precision Technologies, Ltd., pursuant to 28 U.S.C. § 1746(2) and subject to penalty of perjury, declare that I have personal knowledge of the foregoing statements, which are true and correct to the best of my information and belief; that the exhibits attached to this Motion are true and correct copies of the documents they are asserted to be; and that I signed this Declaration on November 6, 2017 in Chicago, Illinois.

CERTIFICATE OF SERVICE

I, Scott A. Schaefers, attorney for plaintiff Birla Precision Technologies, Ltd., certify that on November 6, 2017, I served a true and correct copy of this Sworn Motion for Entry of Conditional Judgment against Maria G. Fullone ("Motion") on the following parties by the methods indicated, by depositing copies of the Motion in postage-prepaid envelopes, addressed as follows, and depositing the sealed envelopes in a U.S. Mailbox located at 30 N. LaSalle St., Chicago, IL 60602:

CITATION NOTICE

NOTICE: The Court has issued a citation to the Respondent named above. The citation directs the Respondent to complete and return the answer form attached to the citation, and produce the documents identified in Rider B, on or before the date listed. The citation was issued based on a judgment against the Judgment Debtor in favor of the Judgment Creditor in the amount stated above. At the appropriate time, the Court may compel the application of any discovered income or assets toward payment on the judgment.

The amount of income or assets that may be applied toward the judgment is limited by federal and Illinois law. THE JUDGMENT DEBTOR HAS THE RIGHT TO ASSERT STATUTORY EXEMPTION AGAINST CERTAIN INCOME OR ASSETS OF THE JUDGMENT DEBTOR WHICH MAY NOT BE USED TO SATISFY THE JUDGMENT IN THE AMOUNT STATED ABOVE:

1. Under Illinois or federal law, the exemptions of personal property owned by the debtor include the debtor's equity interest, not to exceed $4,000 in value, in any personal property as chosen by the debtor; Social Security and SSI benefits; veteran's benefits; public assistance benefits; unemployment benefits; compensation benefits; workers compensation benefits; circuit breaker property tax relief benefits; the debtor's equity interest, not to exceed $2,400 in value, in any one motor vehicle, and the debtor's equity interest, not to exceed $1,500 in value, in any implements, professional books, or tools of the trade of the debtor.

2. Under Illinois law, every person is entitled to an estate in homestead, when owned and occupied as a residence to the extent in value of $15,000, which homestead is exempt from judgment.

3. Under Illinois law, the amount of wages that may be applied toward a judgment is limited to the lesser of (1) 15% of the gross amount paid for that week, or (2) the amount by which disposable earnings for a week exceed 45 times the Federal Minimum Hourly Wage prescribed by Section 206(a)(1) of Title 29 of the United States Code, as amended, or, tinder a wage deduction summons served on or after January 1, 2006, the minimum hourly wage prescribed by Section 4 of the Minimum Wage Law, whichever is greater, in effect at the time the amounts are payable.

4. Under federal law, the amount of wages that may be applied toward a judgment is limited to the lesser of (1) 25% of disposable earnings for a week or (2) the amount by which disposable earnings for a week exceed 30 times the Federal Minimum Hourly Wage.

5. Pension and retirement benefits may be claimed as exempt under Illinois law.

The judgment debtor may have other possible exemptions under the law. 735 ILCS 5/12-1001. THE JUDGMENT DEBTOR HAS THE RIGHT AT THE CITATION HEARING TO DECLARE EXEMPT CERTAIN INCOME OR ASSETS OR BOTH. The judgment debtor also has the right to seek a declaration at an earlier date, by notifying the Clerk in writing at 219 S. Dearborn St., 20th Floor, Chicago, IL 60604. When so notified the Clerk of the Court will obtain a prompt hearing date front the court and will provide the necessary forms that must be prepared by the judgment debtor or the attorney for the judgment debtor and sent to the judgment creditor and the judgment creditor's attorney regarding the time and location for the hearing. This notice may be sent by regular first-class mail.

CITATION TO DISCOVER ASSETS TO A THIRD PARTY

YOU ARE COMMANDED to produce, on or before October 27, 2017, all documents identified in attached RIDER B, to the attorney for Judgment Creditor, Scott A. Schaefers, Brotschul Potts LLC, 30 N. LaSalle St., Ste. 1402, Chicago, IL 60602.

A judgment in favor of Birla Precision Technologies, Inc. and against ERI America, Inc. (FEIN 20-0163524, the "Judgment Debtor") was entered on June 9, 2017 in the United States District Court for the Northern District of Illinois, Case No. 17-cv-3125, in the amount of $157,783.30. The total amount outstanding as of October 13, 2017 is $162,685.39, and per diem interest accruing on the judgment, pursuant to 735 ILCS 5/2.1303, is $38.91.

YOU ARE PROHIBITED from making or allowing any transfer or other disposition of, or interfering with, any property not exempt from execution or garnishment belonging to Judgment Debtor or to which Judgment Debtor may be entitled or which may thereafter be acquired by or become due to Judgment Debtor, and from paying over or otherwise disposing of any funds not so exempt, which are due or to become due to Judgment Debtor, until further order of Court or termination of the proceeding, whichever occurs first. You are not required to withhold the payment of any funds beyond double the amount of the Judgment.

WARNING: YOUR FAILURE TO COMPLY WITH THE CITATION PROCEEDING MAY RESULT IN A JUDGMENT BEING ENTERED AGAINST YOU FOR THE UNSATISFIED AMOUNT OF THE JUDGMENT. 735 ILCS 5/2.1402(f)(1).

WARNING: IF YOU FAIL TO RESPOND TO THIS CITATION AS DIRECTED, YOU MAY BE ARRESTED AND BROUGHT BEFORE THE COURT TO ANSWER TO A CHARGE OF CONTEMPT OF COURT, WHICH MAY BE PUNISHABLE BY IMPRISONMENT.

CERTIFICATE OF ATTORNEY

The undersigned, pursuant to 28 U.S.C. 1746(2) and subject to penalty of perjury, certifies that the information set forth above is true and correct to the best of his information and belief.

RIDER B

PLEASE REVIEW THIS LIST CAREFULLY AND GATHER AND PRODUCE ALL DOCUMENTS ON THE LIST. YOUR FAILURE TO DO SO MAY RESULT IN AN ORDER FOR CONTEMPT OF COURT.

Any and all documents, whether electronically stored, on paper, or in which any information is recorded or memorialized, pertaining to, relating to and/or referring to any and all real property, personal property, tangible property, and intangible property, in part or in whole, belonging to, maintained by, and/or controlled by ERI America, Inc. (FEIN 20-0163524, "Judgment Debtor"), whether individually, jointly, severally, beneficially, contingently or expectantly, and any other documents in your possession or control which may contain information concerning the property or income of, or indebtedness due judgment debtor. These documents include, but are not limited to or by, the following and any and all documents pertaining to, referring to, relating to, evidencing and/or supporting the following:

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS

JUDGMENT IN A CIVIL CASE

Judgment is hereby entered (check appropriate box):

[X] other: Judgment is hereby entered in favor of Plaintiff and against Defendant in the amount of $157,783.30 which includes copensatory damages, prejudgment interest, and costs.

This action was (check one):

Delivery Attempt: Action Needed

Product & Tracking Information

Reminder to Schedule Redelivery of your item

Can't find what you're looking for?

Go to our FAQs section to find answers to your tracking questions.

FAQs (http://faq.usps.com/?articleld=220900)

The easiest tracking number is the one you don't have to know.

With Informed Delivery®, you never have to type in another tracking number. Sign up to: