JOINT MOTION FOR ENTRY OF CONSENT JUDGMENT AGAINST DEFENDANT JOHN A. CYSCON, III

SARA L. ELLIS, District Judge.

Intervenor Plaintiff Muller Trading Company, Inc. ("Muller") and Defendant John A. Cyscon, III ("John Cyscon"), hereby move (the "Motion") this Court, pursuant to Rule 58 of the Federal Rules of Civil Procedure (the "Federal Rules"), for entry of a final consent judgment in favor of Plaintiff and against the Defendant and in support thereof states as follows:

1. On February 5, 2013, Plaintiff Coosemans Chicago, Inc. ("Coosemans") filed a civil action against Phoenix Produce Company ("Phoenix Produce") and Jason L. Cyscon in the U.S. District Court for the Northern District of Illinois (the "Court"). Coosemans later joined John Cyscon as a defendant.

2. Also on February 5, 2013, Muller filed a civil action against Phoenix Produce, Jason L. Cyscon, and John Cyscon for breach of contract and certain violations of the Perishable Agricultural Commodities Act, 7 U.S.C. § 499a et seq. (the "PACA"), in the Court identified as Case No. 13-cv-00953. The Court subsequently joined that action with the instant action under Case No. 13-cv-00920.

3. On March 29, 2013, Muller filed an intervenor complaint (the "Intervenor Complaint") against Phoenix Produce, Jason L. Cyscon, and John Cyscon.

4. Also on March 29, 2013, pursuant to a claims procedure approved by the Court, Muller filed a PACA trust claim in the amount of $242,667.33.

5. Muller has an allowed PACA trust claim of $217,362.78. See ECF Nos. 205-1 and 303-1.

6. On March 31, 2014, the Court entered an order approving an interim distribution of PACA trust funds to Muller in the amount of $31,434.49. See ECF Nos. 205-1 and 211. Muller received this distribution.

7. On October 6, 2015, the Court entered an order approving a final distribution of PACA trust funds to Muller in the amount of $23,654.54. As of the date of this Motion, Muller has not yet received this distribution.

8. Muller and John Cyscon have agreed to entry of a consent judgment, in the form attached hereto as Exhibit A, in favor of Muller and against John Cyscon in the amount of $162,273.75, representing the amount of Muller's allowed claim less the interim distribution received and the anticipated final distribution.

9. In exchange for the consent judgment against John Cyscon, Muller has agreed to dismiss its claims against Jason L. Cyscon with prejudice.

10. The parties request approval of shortened notice of this Motion in light of the fact that the Court has entered an order approving final distribution of PACA trust assets of Phoenix Produce and in order to allow this Motion to be heard at the next status hearing on October 13, 2015.

WHEREFORE, Muller and John Cyscon hereby request that this Court enter (i) judgment in favor of Muller and against John Cyscon on Counts I, II, IV, and V of the Intervenor Complaint in the amount of $162,273.75; (ii) approving shortened notice of this Motion; and (iii) granting such other and further relief as the Court deems proper.

EXHIBIT A

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

JUDGMENT AGAINST DEFENDANT JOHN A. CYSCON, III

Upon consideration of the Joint Motion for Entry of Consent Judgment Against Defendant John A. Cyscon, III (the "Motion") filed by Intervenor-Plaintiff Muller Trading Company, Inc. ("Muller") and John A. Cyscon, III ("Cyscon"); the Court hereby finds Cyscon personally liable and currently indebted to Muller on account of Muller's perfected trust claim pursuant to Perishable Agricultural Commodities Act ("PACA"), 7 U.S.C. §499e(c),

IT IS HEREBY ORDERED THAT:

1. Judgment is hereby entered in favor of Muller Trading Company, Inc. and against John A. Cyscon, III on Counts I, II, IV, and V of the Intervenor Complaint in the amount of $162,273.75, plus post-judgment interest.

2. Post-judgment interest shall accrue on all Judgment amounts pursuant to 28 U.S.C. § 1961 at the current rate of 0.29% per annum from the entry date of this Judgment until paid in full.

3. Because Muller's claims include claims for defalcation and breach of fiduciary duty as trustee of the PACA trust, this Judgment is non-dischargeable in any subsequent bankruptcy filed by Jason A. Cyscon, III pursuant to 11 U.S.C. § 523(a)(4).

4. There is no just reason to delay entry of this Final Judgment, the recordation of this Judgment, or enforcement of this Judgment.