Filed: Jan. 17, 2019
Latest Update: Jan. 17, 2019
Summary: PETITION TO REVIVE JUDGMENT JOAN B. GOTTSCHALL , District Judge . NOW COMES Judgment Creditor, Chicago Title Insurance Company, by and through its attorney Yousef K. Sarandah of Fidelity National Law Group, pursuant to Fed.R.Civ.P 69(a) and 735 ILCS 5/2-1602 praying that this Court revive the judgment previously entered in favor of Amalgamated Bank of Chicago (assigned to Chicago Title Insurance Company) and against Defendant, John J. Jellinek, and respectfully states as follow: 1. That o
Summary: PETITION TO REVIVE JUDGMENT JOAN B. GOTTSCHALL , District Judge . NOW COMES Judgment Creditor, Chicago Title Insurance Company, by and through its attorney Yousef K. Sarandah of Fidelity National Law Group, pursuant to Fed.R.Civ.P 69(a) and 735 ILCS 5/2-1602 praying that this Court revive the judgment previously entered in favor of Amalgamated Bank of Chicago (assigned to Chicago Title Insurance Company) and against Defendant, John J. Jellinek, and respectfully states as follow: 1. That on..
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PETITION TO REVIVE JUDGMENT
JOAN B. GOTTSCHALL, District Judge.
NOW COMES Judgment Creditor, Chicago Title Insurance Company, by and through its attorney Yousef K. Sarandah of Fidelity National Law Group, pursuant to Fed.R.Civ.P 69(a) and 735 ILCS 5/2-1602 praying that this Court revive the judgment previously entered in favor of Amalgamated Bank of Chicago (assigned to Chicago Title Insurance Company) and against Defendant, John J. Jellinek, and respectfully states as follow:
1. That on or about May 12, 2010, this Court entered judgment in favor of Amalgamated Bank of Chicago, and against, John J. Jellinek, in the amount of $5,816,089.40, with prejudgment interest of $757.02 from May 12, 2010 to the date of entry of this judgment on the docket, and post-judgment interest of 0.39%, calculated pursuant to 28 U.S.C § 1961 (the "Judgment"). A copy of the Judgment is attached hereto as Exhibit A.
2. That on or about July 16, 2013, Amalgamated Bank of Chicago assigned the Judgment to Chicago Title Insurance Company. A copy of the Assignment is attached hereto as Exhibit B.
3. That payments have been made against the Judgment in the amount of $224,500.00.
4. Said judgment is in full force and is due thereon from the defendant, John J. Jellinek, to Chicago Title Insurance Company the sum of $5,591,589.40, with prejudgment interest of $757.02 from May 12, 2010 to the date of entry of this judgment on the docket, and post-judgment interest of 0.39%, calculated pursuant to 28 U.S.C § 1961.
5. A proposed Order for Revival of Judgment is attached hereto as Exhibit C.
WHEREFORE, Judgment Creditor, Chicago Title Insurance Company, as assignee of the Judgment, pursuant to Fed.R.Civ.P 69(a) and 735 ILCS 5/2-1602 prays that the judgment entered on May 12, 2010, in favor of Amalgamated Bank of Chicago and against John J. Jellinek, in the amount of $5,591,589.40, with prejudgment interest of $757.02 from May 12, 2010 to the date of entry of this judgment on the docket, and post-judgment interest of 0.39%, calculated pursuant to 28 U.S.C § 1961, be revived.
Dated: January 17, 2019 Respectfully submitted,
Yousef K. Sarandah CHICAGO TITLE INSURANCE COMPANY
Fidelity National Law Group,
10 S. LaSalle Street, Suite 2750
Chicago, IL 60603 By: /s/ Yousef K. Sarandah
(312)223-2734 One of Its Attorneys.
Attorney No. 6270549
The undersigned certifies that the statements set forth herein are true and correct to the best of his knowledge and belief.
/s/ Yousef K. Sarandah
One of Its Attorneys
EXHIBIT A
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
AMALGAMATED BANK OF CHICAGO
Plaintiff,
v. Cause No. 10 cv 000753
Judge Joan B. Gottschall
JOHN J. JELLINEK and JANE JELLINEK,
Defendants.
JUDGMENT
This matter coining before the Court on Motion for Entry of Final Judgment by Consent filed on behalf or Plaintiff, Amalgamated Bank of Chicago ("Amalgamated"), due notice having been given, and the Court being informed in the premises, it is hereby ordered that:
1. Judgment be entered in favor of Plaintiff Amalgamated and against Defendants. John I. Jellinek and Jane Jellinek and that Plaintiff Amalgamated recover from Defendants John I. Jellinek and Jane Jellinek, jointly and severally, the amount of $5,816,089.40, with pre-judgment interest of $757.02, from May 12, 2010 to the date of entry of this judgment on the docket, and post-judgment interest of 0.39%, calculated pursuant to 28 U.S.C. § 1961.
So Ordered:
May 12, 2010 _________________________
Hon Joan B. Gottschall
United States District Court Judge
EXHIBIT B
RECORDING REQUESTED BY:
THE ORIGINAL OF THIS DOCUMENT
John D. Hershberger, Esq. WAS RECORDED ON JUL 19, 2013
DOCUMENT NUMBER 2013-0451114
AND WHEN RECORDED MAIL TO: Ernest Dronenburg. Jr. COUNTY RECORDER
SAN DIEGO COUNTY RECORDER'S OFFICE
John D. Hershberger, Esq. TIME: 8:27 AM
HERSHBERGER LAW FIRM
12340 El Camino Real, Suite 430
San Diego, CA 92130
_____________________
THE SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY
ASSIGNMENT OF JUDGEMENT
(Please fill in document title(s) on this line
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
RECORDING REQUESTED BY:
WHEN RECORDED MAIL TO:
John D. Hershberger, Esq.
HERSHBERGER LAW FIRM
12340 El Camino Real, Suite 430
San Diego, CA 92130
Title Order No.: ___________ Space Above This Line For Recorder's Use Escrow No.: ______________
ASSIGNMENT OF JUDGMENT
FOR VALUE RECEIVED, Amalgamated Bank of Chicago, hereby grants, assigns and
transfers to CHICAGO TITLE COMPANY all right, title and interest in and to that certain
Judgment entered on May 12, 2010 and evidenced by the recordation of the Judgment on
December 9, 2011 as Document No, 2011-0663056, in the Official Records in the County
Recorder's Office of San Diego County, California as follows:
Court: United States District Court for the Northern District of illinois
Case No.: 1:10-cv-00753
Entered Date: May 12, 2010
Principal Amount: $5,816,089.40
Plaintiff: Amalgamated Bank of Chicago
Defendants: John J. Jellinek; Jane Jellinek
Judgment Creditor: Amalgamated Bank of Chicago
Address: One West Monroe, Chicago, Il 60603
Judgment Debtor: John J. Jellinek
Address: 5911 Folsom Drive, La Jolla CA 92037
Date of Birth: May 30, 1945
Judgment Debtor: Jane Jellinek
Address: 5911 Folsom Drive, La Jolla CA 92037
Date of Birth: Unknown
Assignee: Chicago Title Company
Address: 16795 Von Karman Avenue, Suite 220
Irvine, CA 92606
Dated: July 16, 2013 _____________________________________
Amalgamated Bank of Chicago, Creditor
State of Illinois
County of Cook
This Instrument was acknowledged before me on July 16, 2013
__________________ (date) by David Khopp
(name of person) as officer (type of authority,
e.g., officer, trustee, etc.) of Amalgamated Bank of Chicago
(name of party on behalf of whom Instrument was executed).
(seal)
__________________________
Signature of notary public
EXHIBIT C
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
AMALGAMATED BANK OF CHICAGO,
Plaintiff,
Case No. 10-CV-000753
v.
JOHN J. JELLINEK AND JANE JELLINEK,
Defendants.
REVIVAL OF JUDGMENT
This matter coming to be heard on the Petition of Judgment Creditor, Chicago Title Insurance Company as assignee of the Judgment entered in favor of Amalgamated Bank of Chicago, to revive a judgment, the Court does find, based upon allegations of the petition, the representations of the Judgment Creditor and evidence taken, that:
1. A judgment was entered in this Court on May 12, 2010, in favor of Amalgamated Bank of Chicago and against John J. Jellinek in the amount of $5,816,089.40, with prejudgment interest of $757.02 from May 12, 2010 to the date of the entry of this judgment on the docket, and post-judgment interest of 0.39%, calculated pursuant to 28 U.S.C. § 1961.
2. The unpaid judgment at this date is $5,591,589.40, with prejudgment interest of $757.02 from May 12, 2010 to the date of entry of this judgment on the docket, and post-judgment interest of 0.39%, calculated pursuant to 28 U.S.C § 1961.
3. The defendant, John J. Jellinek, has been given due notice.
4. The Plaintiff has not received notice of any discharge in bankruptcy of the defendant.
WHEREFORE, IT IS HEREBY ORDERED: That the aforesaid judgment, as set out in paragraph 1 above, shall be and hereby is revived in the amount of $5,591,589.40, with prejudgment interest of $757.02 from May 12, 2010 to the date of entry of this judgment on the docket, and post-judgment interest of 0.39%, calculated pursuant to 28 U.S.C § 1961.
______________________
ENTER:
______________________
Judge
