MERCEDES-BENZ FINANCIAL SERVICES USA LLC'S MOTION FOR ENTRY OF DEFAULT ORDER AND JUDGMENT AS TO ALL DEFENDANTS
RONALD A. GUZMAN, District Judge.
Plaintiff Mercedes-Benz Financial Services USA LLC ("MBFS") brings its Motion for Entry of Default Order and Judgment against defendants Auto Trans Group, Inc. ("ATG") and Violet Mihaylova ("Mihaylova") in the above-captioned case on the following grounds:
1. MBFS' Amended Complaint was filed on November 30, 2017, for collection of amounts owed under four promissory notes executed by ATG (the "Secured Loan Agreements") and personal guaranties of the Secured Loan Agreements executed by Defendant Mihaylova (collectively, the "Mihaylova Guaranties")[Dkt. No. 6]. Copies of the Secured Loan Agreements and Mihaylova Guaranties are attached to the Amended Complaint as Exhibits A-G and are incorporated in this Motion by reference. (Ex. A, Amended Complaint.)
2. Service was made on Defendants on November 29, 2017, and a copy of the proof of service was filed with the Court on December 5, 2017 [Dkt. No. 12].
3. The Defendants have appeared in this case by counsel [Dkt. No. 17].
4. The Defendants we given until January 19, 2018, to respond to the Amended Complaint [Dkt. No. 16]. Defendants have failed to respond to the Amended Complaint.
5. Pursuant to Federal Rule of Civil Procedure 8(b)(6), an allegation, other than one relating to the amount of damages, is admitted if a responsive pleading is required and the allegation is not denied. Accordingly, ATG and Mihaylova have admitted to all facts alleged in the Amended Complaint, including, but not limited to: (a) they entered the Secured Loan Agreements and Mihaylova Guaranties; (b) they breached the terms of the Secured Loan Agreements and Mihaylova Guaranties by, among other things, failing to pay the Indebtedness (as defined in the Amended Complaint); (c) MBFS performed its obligations under the Secured Loan Agreements and Mihaylova Guaranties; and (d) MBFS has a perfected first priority security interest in the Equipment Collateral (as defined in the Amended Complaint); and MBFS is entitled to foreclosure is secured interest in the Equipment Collateral. See Amended Complaint at ¶¶ 8-16, 19, 26, and 47.1
6. The admitted facts demonstrate that MBFS is entitled a money judgment against ATG and Mihaylova on the breach of contract claims (Counts I and IV). See Amended Complaint at ¶¶ 34-39 and 63-70.
7. The Amended Complaint sets forth a sum certain for the amount due under the Secured Loan Agreements as of October 17, 2017, and provided that interest continues to accrue under the Secured Loan Agreements.
8. As of March 22, 2018, the total deficiency due under the Secured Loan Agreements and owing under the Mihaylova Guaranties was $772,310.22, exclusive of attorneys' fees and costs, plus continuing interest at the contract rates, calculated as follows:
ACCOUNT VIN DEFICIENCY PRINCIPAL INTEREST CHARGES
NUMBER NUMBER BALANCE
1000246519001 3AKJGLD54ESFV5143 55,891.61 52,495.39 1,791.92 1,604.30
5000002814001 3AKJGLD54FSGH0595 82,871.07 72,930.09 1,455.92 8,485.06
3AKJGLD58FSGH0583 77,691.16 72,930.07 1,807.07 2,954.02
5000020174001 3AKJGLD5XFSGM6077 46,862.90 39,271.54 3,184.86 4,406.50
5000029216001 3AKJGLD59GSGX1604 102,189.60 94,602.86 2,101.35 5,485.39
3AKJGLD57GSGX1603 102,304.44 94,602.97 2,101.35 5,600.12
3AKJGLD55GSGX1602 101,920.25 94,602.93 2,101.35 5,215.97
3AKJGLD53GSGX1601 101,289.71 94,602.97 2,101.35 4,585.39
3AKJGLD51GSGX1600 101,289.48 94,602.94 2,101.35 4,585.19
772,310.22 710,641.76 18,746.52 42,921.94
(Ex. B, Declaration of Karen Rennie.)
9. Under the terms of the Secured Loan Agreements and Mihaylova Guaranties, ATG and Mihaylova are liable to MBFS for all expenses, including attorneys' fees and costs, incurred by MBFS in enforcing its rights to collect the indebtedness due.
10. Defendants, jointly and severally, owed MBFS $38,595.12 in attorneys' fees and costs. (Ex. C, Declaration of Stephen B. Grow.)2
11. Therefore, as a result of ATG's and Mihaylova's defaults under the Secured Loans Agreements and the Mihaylova Guaranties, MBFS is entitled to a money judgment in the amount of $810,905.34, plus per diem interest and additional fees and costs through the date of entry of judgment.
12. The admitted facts also demonstrate that MBFS is entitled to relief under Count III of the Amended Complaint which seeks to foreclose on the Equipment Collateral. See Amended Complaint at ¶¶ 40-53.
WHEREFORE, Plaintiff, pursuant to the provisions of Rule 56(a) of the Federal Rules of Civil Procedure, moves this Court to:
A. Enter an Order of Default against Defendants;
B. Enter Judgment in favor of MBFS and against ATG and Mihaylova, jointly and severally, in the amount of $810,905.34; and
C. Enter judgment in favor of MBFS and against ATG on Count III of the Amended Complaint.
D. Grant MBFS any other relief deemed equitable and just under the circumstances.
Exhibit A
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
MERCEDES-BENZ FINANCIAL SERVICE
USA LLC, a Delaware limited liability
company,
Plaintiff,
v. Case No.
AUTO TRANS GROUP INC., an Illinois
corporation; and VIOLET MIHAYLOVA, an
individual,
Defendants.
AMENDED COMPLAINT FOR REPLEVIN AND OTHER RELIEF
Plaintiff Mercedes-Benz Financial Services USA LLC, f/k/a DCFS USA LLC ("MBFS"), by its undersigned attorneys, for its Complaint against defendants Auto Trans Group Inc. ("ATG") and Violet Mihaylova ("Mihaylova") respectfully states and alleges as follows:
PARTIES
1. MBFS is a limited liability company organized and existing under the laws of Delaware with its principal place of business in Farmington Hills, Michigan.
2. The sole member of MBFS is Daimler Investments US Corporation ("Daimler Investments"), a corporation organized and existing under the laws of Delaware with its principal place of business in Park Ridge, New Jersey. Daimler Investments is thus a citizen of Delaware and New Jersey under 28 U.S.C. § 1332(c)(1), and for purposes of this Court's jurisdiction, MBFS is also a citizen of Delaware and New Jersey.
3. ATG is a corporation organized and existing under the laws of the state of Illinois, with its principal place of business in Elk Grove, Illinois.
4. Mihaylova is a citizen of the State of Illinois domiciled in Addison, DuPage County, Illinois.
5. Mihaylova is ATG's president and registered agent.
JURISDICTION AND VENUE
6. Jurisdiction is appropriate in this Court pursuant to 28 U.S.C. § 1332. The parties are citizens of different states and the amount in controversy exceeds $75,000.00 exclusive of interest and costs.
7. Venue is appropriate in this Court pursuant to 28 U.S.C. § 1391 because the defendants reside in this judicial district
GENERAL ALLEGATIONS
8. On November 8, 2013, ATG executed and delivered to MBFS an Illinois Note and Security Agreement evidencing a secured loan from MBFS in the original principal amount of $126,666.52 to finance ATG's purchase of a 2014 Freightliner Cascadia CA 125SLP truck, Vin. No. 3AKJGLD54ESFV5143 (the "First Loan Agreement"). A true and accurate copy of the First Loan Agreement is attached as Exhibit A.
9. Under the terms of the First Loan Agreement, ATG agreed to repay the loan in 60 installment payments of $2,454.00 each, commencing on December 23, 2013, and continuing on the 23rd day of each successive month thereafter, with a final payment due November 23, 2018. (Ex. A at 1.)
10. On February 2, 2015, ATG executed and delivered to MBFS an Illinois Note and Security Agreement evidencing a secured loan from MBFS in the original principal amount of $135,494.47 to finance ATG's purchase of a 2015 Freightliner Cascadia CA 125SLP truck, Vin. No. 3AKJGLD5XFSGM6077 (the "Second Loan Agreement"). A true and accurate copy of the Second Loan Agreement is attached as Exhibit B.
11. Under the terms of the Second Loan Agreement, ATG agreed to repay the loan in 60 installment payments of $2,622.99 each, commencing on March 19, 2015, and continuing on the 19th day of each successive month thereafter, with a final payment due February 19, 2020. (Ex. B at 1.)
12. On June 3, 2015, ATG executed and delivered to MBFS an Illinois Note and Security Agreement evidencing a secured loan from MBFS in the original principal amount of $644,885.00 to finance ATG's purchase of five 2016 Freightliner Cascadia CA 125SLP trucks, Vin. Nos. 3AKJGLD51GSGX1600, 3AKJGLD53GSGX1601, 3AKJGLD55GSGX1602, 3AKJGLD57GSGX1603, and 3AKJGLD59GSGX1604 (the "Third Loan Agreement"). A true and accurate copy of the Third Loan Agreement is attached as Exhibit C.
13. Under the terms of the Third Loan Agreement, ATG agreed to repay the loan in 60 installment payments of $12,422.53 each, commencing on July 18, 2015, and continuing on the 18th day of each successive month thereafter, with a final payment due June 18, 2020. (Ex. C at 1.)
14. On July 2, 2014, ATG executed and delivered to MBFS an Illinois Note and Security Agreement evidencing a secured loan from MBFS in the original principal amount of $264,201.18 to finance ATG's purchase of two 2015 Freightliner Cascadia CA125SLP trucks, Vin. Nos. 2015 3AKJGLD58FSGH0583 and 3AKJGLD54FSGH0595 (the "Fourth Loan Agreement"). A true and accurate copy of the Fourth Loan Agreement is attached as Exhibit D.
15. Under the terms of the Fourth Loan Agreement, ATG agreed to repay the loan in 60 installment payments of $5,113.84 each, commencing on August 16, 2014, and continuing on the 16th day of each successive month thereafter, with a final payment due July 16, 2019. (Ex. D at 1.)
16. The First Loan Agreement, Second Loan Agreement, Third Loan Agreement, and Fourth Loan Agreement are individually referred to as a "Loan Agreement" and collectively referred as the "Secured Loan Agreements."
17. Each of the Loan Agreements grants to MBFS a continuing first priority lien and security interest in the equipment financed under such Loan Agreement, together with all accessions, replacements and proceeds thereof, to secure ATG's obligations to MBFS under the Secured Loan Agreements.
18. All personal property securing any present or future indebtedness, liabilities or other obligations of ATG to MBFS is collectively referred to herein as the "Collateral." The equipment described in the Secured Loan Agreements is collectively referred to herein as the "Equipment Collateral," and includes: the 2014 Freightliner Cascadia CA 125SLP truck, Vin. No. 3AKJGLD54ESFV5143; the 2015 Freightliner Cascadia CA 125SLP truck, Vin. No. 3AKJGLD5XFSGM6077; the five 2016 Freightliner Cascadia CA 125SLP trucks, Vin. Nos. 3AKJGLD51GSGX1600, 3AKJGLD53GSGX1601, 3AKJGLD55GSGX1602, 3AKJGLD57GSGX1603, and 3AKJGLD59GSGX1604; and the two 2015 Freightliner Cascadia CA125SLP trucks, Vin. Nos. 2015 3AKJGLD58FSGH0583 and 3AKJGLD54FSGH0595.
19. MBFS has properly perfected its first priority lien and security interest in all Equipment Collateral by noting its liens on the certificates of title to the Equipment Collateral. Copies of the certificates of title are attached as Exhibit E.
20. ATG's obligations under the Secured Loan Agreements, including ATG's obligations to pay monthly installments of principal and accrued interest, late charges, returned check fees, liquidated damages, attorneys' fees and costs and expenses incurred by MBFS enforcing MBFS' rights under the Secured Loan Agreements and protecting and preserving the Collateral, are collectively referred to herein as the "Indebtedness."
21. The Secured Loan Agreements provide that in the event of a default by ATG, MBFS may accelerate all obligations then owing and demand immediate payment in full of the Indebtedness.
22. Under the Secured Loan Agreements, upon default, ATG expressly agreed to turn over and deliver the Collateral, including the Equipment Collateral, to MBFS at a time and location MBFS may demand and to allow, to the extent permitted by law, MBFS to enter any premises where the Collateral may be located, to take possession of the Collateral, including the Equipment Collateral.
23. Under the Secured Loan Agreements, ATG has, to the extent permitted by law, appointed MBFS as its attorney-in-fact to transfer ATG's interest in the Collateral in connection with the repossession and disposition of the Collateral.
24. Mihaylova guaranteed ATG's timely performance of all obligations owing by ATG to MBFS under the Secured Loan Agreements pursuant to the terms of personal guaranties dated November 8, 2013, July 2, 2014, February 2, 2015, June 2, 2015, and December 19, 2016 (collectively, the "Mihaylova Guaranties"). True and accurate copies of the Mihaylova Guaranties are attached as Exhibit F.
25. Under the terms of the Mihaylova Guaranties, Mihaylova guaranteed prompt and full payment of the Indebtedness to MBFS.
26. ATG has defaulted under the Secured Loan Agreements by, among other defaults, failing to pay monthly installments of principal and interest as they have come due.
27. As a result of these defaults, MBFS has accelerated all amounts due under the Secured Loan Agreements.
28. MBFS delivered notices of default to ATG and Mihaylova on or about July 27, 2017. Copies of the default notices are attached as Exhibit G.
29. MBFS retained Asset Compliant Solutions ("ACS"), a third-party collateral recovery agent, to locate and repossess the Equipment Collateral.
30. ACS has repeatedly gone to a yard located at 825 Seegars Rd., Des Plaines, Illinois, which ACS has identified as ATG's yard, or the yard of ATG's possible successor, Agatanor Trucking, Inc., in an attempt to confirm that the Equipment Collateral is located there and to recover possession of it.
31. ACS representatives have been refused entry to the ATG yard and access to the Equipment Collateral.
32. As of October 17, 2017, the Indebtedness was $803,935.47. The Indebtedness has increased since that date, and continues to increase, for additional accruing interest, costs, attorney's fees and other expenses.
33. Mihaylova is liable to MBFS under the Mihaylova Guaranty for the Indebtedness, which obligations are now due and payable in full.
COUNT I — BREACH OF CONTRACT
34. To the extent required to support this Count, MBFS restates and reasserts its allegations contained in the foregoing paragraphs as if fully set forth herein.
35. To the extent this Count contradicts any other Count, this Count is pleaded in the alternative.
36. This Count is against AGT.
37. ATG has refused to pay the Indebtedness and has otherwise breached and defaulted on its obligations under the Secured Loan Documents.
38. The Indebtedness is currently due without defense, setoff or counterclaim.
39. MBFS has been damaged by AGT's breach of the Secured Loan Documents.
WHEREFORE, MBFS demands judgment in its favor and against ATG for money damages in the amount of no less than $803,935.47, together with interest accruing after October 17, 2017, penalties and costs, reasonable attorneys' fees, expenses, and any and all other relief that this Court may determine to be just and proper.
COUNT II — REPLEVIN
40. To the extent required to support this Count, MBFS restates and reasserts its allegations contained in the foregoing paragraphs as if fully set forth herein.
41. To the extent this Count contradicts any other Count, this Count is pleaded in the alternative.
42. This Count is against AGT.
43. MBFS has a first priority perfected lien in the Equipment Collateral, securing the Indebtedness and ATG's performance under the Secured Loan Agreements.
44. The Secured Loan Agreements provide in relevant part that, upon default, ATG must turn over and deliver the Equipment Collateral to MBFS at a time and location MBFS may demand, and to allow, to the extent permitted by law, MBFS to enter any premises where the Equipment Collateral may be located, to take possession of the Equipment Collateral.
45. MBFS is entitled to all rights and remedies of a secured creditor under applicable law, including the Uniform Commercial Code.
46. By reason of ATG's defaults under the Secured Loan Agreements, MBFS is entitled to immediate possession of the Equipment Collateral.
47. MBFS has made demand for delivery of the Equipment Collateral which demand has been refused.
48. ATG continues to wrongfully possess and exercise control over the Equipment Collateral in breach of the Secured Loan Agreements and applicable law.
49. The Equipment Collateral is presently subject to damage, accident, sale, and deterioration due to ATG's continued possession and use.
50. MBFS will suffer irreparable damages if the Equipment Collateral is not returned. ATG is insolvent, as it is not generally paying its obligations as they come due, including but not limited to, its obligations to MBFS and at least one other finance company, Wells Fargo Equipment Finance, Inc.
51. On information and belief, ATG is leasing the Equipment Collateral to Agatanor Trucking Inc., or otherwise allowing to Agatanor Trucking to use the Equipment Collateral in violation of the Secured Loan Documents.
52. Assuming ordinary wear and tear, mileage and maintenance, should be valued at $549,750.00 based on NADA wholesale prices.
53. The Equipment Collateral has not been taken for any tax, assessment, or fine levied by virtue of any laws of the State of Illinois against the property of MBFS, nor seized under any lawful process against the goods and chattels of MBFS subject to such lawful process, nor held by virtue of any order for replevin, execution or attachment against MBFS.
WHEREFORE, MBFS requests that this Court:
A. Enter an order of replevin that, among other things, directs the U.S. Marshal, or any other designated officer, to use all necessary force to repossess the Equipment Collateral, or any portion thereof, from ATG, and those acting in concert with it, at 25 Seegars Rd., Des Plaines, Illinois, 60016, 1830 S. Elmhurst Rd., Elk Grove Village, Illinois 60007, or wherever the Equipment Collateral may be found;
B. Enter an order prohibiting ATG, and those acting in concert with it, from using the Equipment Collateral or impairing the value of the Equipment Collateral in any way prior to turnover or seizure of the Equipment Collateral; and
C. Enter judgment against ATG for the value of any Equipment Collateral not returned to MBFS, plus attorneys' fees and costs, as well as all other and further relief which this Court deems just.
COUNT III — FORECLOSURE
54. To the extent required to support this Count, MBFS restates and reasserts its allegations contained in the foregoing paragraphs as if fully set forth herein.
55. To the extent this Count contradicts any other Count, this Count is pleaded in the alternative.
56. This Count is against AGT.
57. MBFS realleges and incorporates herein by this reference each of the allegations contained in the preceding and succeeding paragraphs as though fully set forth herein.
58. MBFS is entitled to all rights and remedies of a secured creditor under applicable law, including the Uniform Commercial Code.
59. By reason of ATG's defaults under the Secured Loan Agreements, MBFS is entitled to foreclosure of MBFS's security interest in the Equipment Collateral.
60. MBFS has made demand on ATG to deliver the Equipment Collateral to MBFS, which demand has been refused.
61. ATG continues to possess and exercise control over the Equipment Collateral. Such possession and control is wrongful and in breach of the Secured Loan Agreements.
62. The Equipment Collateral is presently subject to damage, accident, sale, and deterioration due to ATG's continued possession and use. WHEREFORE, MBFS requests that this Court:
A. Grant MBFS a judgment of foreclosure with respect to the Equipment Collateral, authorizing MBFS or its designees or agents to sell the Equipment Collateral and apply the proceeds to the Indebtedness; and
B. Grant such other and further relief as is appropriate under the circumstances.
COUNT IV — BREACH OF GUARANTY
63. To the extent required to support this Count, MBFS restates and reasserts its allegations contained in the foregoing paragraphs as if fully set forth herein.
64. To the extent this Count contradicts any other Count, this Count is pleaded in the alternative.
65. This Count is against Mihaylova.
66. MBFS realleges and incorporates herein by this reference each of the allegations contained in the preceding and succeeding paragraphs as though fully set forth herein.
67. Mihaylova personally guaranteed prompt payment of the Indebtedness pursuant to the terms of the Mihaylova Guaranties.
68. Mihaylova has failed to pay the Indebtedness and has otherwise breached and defaulted under the terms of the Mihaylova Guaranties.
69. Mihaylova's liability for the Indebtedness is currently due without setoff or counterclaim.
70. MBFS has been damaged by Mihaylova's breach of her obligations to pay under the Mihaylova Guaranties.
WHEREFORE, MBFS demands judgment in its favor and against Mihaylova for money damages in the amount of no less than $803,935.47, together with interest accruing after October 17, 2017, penalties and costs, reasonable attorneys' fees, expenses, and any and all other relief that this Court may determine to be just and proper.
Date: November 30, 2017 Respectfully submitted,
MERCEDES-BENZ FINANCIAL
SERVICE USA LLC,
By: /s/Sara E. Lorber
One of Its Attorneys
William J. Factor (6205675)
Sara E. Lorber (6229740)
FACTORLAW
105 W. Madison Street, Suite 1500
Chicago, IL 60602
Tel: (312) 878-6976
Fax: (847) 574-8233
E-mail: slorber@wfactorlaw.com
AND
Stephen B. Grow (P39622)
WARNER NORCROSS & JUDD LLP
111 Lyon St. NW Suite 900
Grand Rapids, MI 49503
Tel: (616) 752-2158
Fax: (616) 222-2158
Email: sgrow@wnj.com
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D
EXHIBIT E
EXHIBIT F
EXHIBIT G
July 27, 2017
VIOLET MIHAYLOVA
1830 Elmhurst Rd
Elk Grove Village IL 60007
FED EX TRACKING #: 779750085911
NOTICE OF DEFAULT
Dear Mrs.:
You are hereby notified that you are in default under the terms of the Agreement(s) listed below, which was assigned to Daimler Truck Financial as assignee and owner, and its respective successors, transferees, and assigns ("Creditor").
Default has occurred due to failure to make the payment(s), which came due as listed below. You may cure this default by tendering the total arrearages to Creditor within five (5)days of the date of this Notice:
** See attached schedule
Agreement Account Number Due Date Past Due Late/Other Total
Date Payments Charges Arrearage
06/03/15 5000029216001 05/18/17 $37,267.59 $3,726.78 $41,019.37
02/02/15 5000020174001 05/19/17 $7,868.97 $655.75 $8,524.72
11/08/13 1000246519001 05/23/17 $7,362.00 $613.50 $7,975.50
07/02/14 5000002814001 06/16/17 $10,227.68 $1534.14 $11,786.82
Arrearages must be sent to Creditor at an address stated on the next page of this letter. If your default is not cured within the stated time, the entire balance under the Agreement will be due in full.
Please be advised that in the future, strict compliance with the terms of the Agreement, including your obligation to make timely payments, will be required if you wish to avoid a default.
Failure to comply with this letter may result in Creditor exercising its default remedies under the Agreement, which may include termination of the Agreement, acceleration of the remaining balance and/or repossession of the Equipment.
Daimler Truck Financial
July 27, 2017
Sincerely,
Jeff Gerkewicz
Fleet Collections
cc: MRS. VIOLET MIHAYLOVA (Guarantor)
HSBC BANK USA NA
452 FIFTH AVENUE
NEW YORK, NY 10018
ABA # 021-001-088
ACCOUNT # 001853538
FOR CREDIT TO:
MERCEDES-BENZ FINANCIAL SERVICES USA LLC
RE: CUSTOMER NAME AND CONTRACT NUMBER
Attachment — Payment Address and Other Information
Daimler Truck Financial
July 27, 2017
AUTO TRANS GROUP INC.
1830 Elmhurst Rd
Elk Grove Village IL 60007
FED EX TRACKING #: 779750033031
NOTICE OF DEFAULT
Dear Mrs.:
You are hereby notified that you are in default under the terms of the Agreement(s) listed below, which was assigned to Daimler Truck Financial as assignee and owner, and its respective successors, transferees, and assigns ("Creditor").
Default has occurred due to failure to make the payment(s), which came due as listed below. You may cure this default by tendering the total arrearages to Creditor within five (5)days of the date of this Notice:
** See attached schedule
Agreement Account Number Due Date Past Due Late/Other Total
Date Payments Charges Arrearage
06/03/15 5000029216001 05/18/17 $37,267.59 $3,726.78 $41,019.37
02/02/15 5000020174001 05/19/17 $7,868.97 $655.75 $8,524.72
11/08/13 1000246519001 05/23/17 $7,362.00 $613.50 $7,975.50
07/02/14 5000002814001 06/16/17 $10,227.68 $1534.14 $11,786.82
Arrearages must be sent to Creditor at an address stated on the next page of this letter. If your default is not cured within the stated time, the entire balance under the Agreement will be due in full.
Please be advised that in the future, strict compliance with the terms of the Agreement, including your obligation to make timely payments, will be required if you wish to avoid a default.
Failure to comply with this letter may result in Creditor exercising its default remedies under the Agreement, which may include termination of the Agreement, acceleration of the remaining balance and/or repossession of the Equipment.
Daimler Truck Financial
July 27, 2017
Sincerely,
Jeff Gerkewicz
Fleet Collections
cc: MRS. VIOLET MIHAYLOVA (Guarantor)
HSBC BANK USA NA
452 FIFTH AVENUE
NEW YORK, NY 10018
ABA # 021-001-088
ACCOUNT # 001853538
FOR CREDIT TO:
MERCEDES-BENZ FINANCIAL SERVICES USA LLC
RE: CUSTOMER NAME AND CONTRACT NUMBER
Attachment — Payment Address and Other Information
Exhibit B
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
MERCEDES-BENZ FINANCIAL SERVICES
USA LLC, a Delaware limited liability
company,
Plaintiff, Case No. 17-cv-08541
v.
AUTO TRANS GROUP INC., an Illinois
corporation; and VIOLET MIHAYLOVA, an
individual,
Defendants.
DECLARATION OF KAREN RENNIE IN SUPPORT OF MOTION FOR ENTRY OF DEFAULT ORDER AND JUDGMENT
I, Karen Rennie, hereby state under penalty of perjury the following:
1. I submit this declaration in support of the Motion for Entry of Default Order and Judgment filed by Mercedes-Benz Financial Services USA LLC ("MBFS") against defendants Auto Trans Group, Inc. ("ATG") and Violet Mihaylova ("Mihaylova") in the above-captioned case (the "Case"). ATG and Mihaylova are sometimes collectively referred to as "Defendants."
2. I am employed by MBFS as a Senior Fleet Workout Specialist. I am familiar with the matters set forth herein based upon my personal knowledge, and if called to testify as a witness, I would testify competently thereto.
3. As a part of my responsibilities as Senior Fleet Workout Specialist, I administer and manage the accounts that are the subject of this litigation.
4. In that capacity, I am also familiar with MBFS' business customs, practices, and how customer account records, including the customer account records of the Defendants in this Case, are kept and maintained.
5. MBFS' records are made and kept in the ordinary course of MBFS' business by MBFS employees who have a business duty to make and keep them. MBFS records are made at or near the time of the occurrence of the event of which they are a record, or from information transmitted by a person with knowledge of that record. As a matter of course, when MBFS generates a document or receives a document, or receives a payment on an account, including documents generated or received and payments received from the Defendants in this Case, MBFS creates a record of that transaction in an electronic file using software MBFS uses to administer and manage secured loans made to customers.
6. In preparing this declaration, I have reviewed MBFS's files relating to the Defendants and the loans that are the subject of this Case. I have also reviewed the Amended Complaint filed by MBFS and the allegations set forth in the Amended Complaint. All the factual allegations set forth in the Amended Complaint relating to the defendants, including the past due status of MBFS' loans to Defendants and Defendants' defaults are true, complete and accurate.
7. As of the date of this declaration, based upon records maintained by MBFS in the ordinary course of business as discussed above, the amount owed under the Secured Loan Agreements and the Miyahlova Guaranties (as these terms are defined in the Amended Complaint) is $772,310.22 exclusive of attorneys' fees and costs.
8. By account, the following amounts are owed by Defendants to MBFS, exclusive of attorney fees and costs.
ACCOUNT YIN DEFICIENCY PRINCIPAL INTEREST CHARGES
NUMBER NUMBER BALANCE
1000246519001 3AKJGLD54ESFV5143 55,891.61 52,495.39 1,791.92 1,604.30
5000002814001 3AKJGLD54FSGH0595 82,871.07 72,930.09 1,455.92 8,485.06
3AKJGLD58FSGH0583 77,691.16 72,930.07 1,807.07 2,954.02
5000020174001 3AKJGLD5XFSGM6077 46,862.90 39,271.54 3,184.86 4,406.50
5000029216001 3AKJGLD59GSGX1604 102,189.60 94,602.86 2,101.35 5,485.39
3AKJGLD57GSGX1603 102,304.44 94,602.97 2,101.35 5,600.12
3AKJGLD55GSGX1602 101,920.25 94,602.93 2,101.35 5,215.97
3AKJGLD53GSGX1601 101,289.71 94,602.97 2,101.35 4,585.39
3AKJGLD51GSGX1600 101,289.48 94,602.94 2,101.35 4,585.19
772,310.22 710,641.76 18,746.52 42,921.94
9. The charges listed in the last column above consist of usual and customary charges due MBFS under the Secured Loan Agreements (as defined in the Amended Complaint) and incurred recovering possession of the Equipment Collateral (as defined in the Amended Complaint), including third-party repossession expenses, repair and reconditioning costs, and late and pre-payment penalties.
10. Under the terms of the Secured Loan Agreements and the Miyahlova Guaranties (as defined in the Amended Complaint), Defendants are liable to MBFS for all expenses, including attorneys' fees and costs, incurred by MBFS in enforcing its rights to collect the indebtedness due.
11. Executed in Fort Worth, Texas this March 22, 2018.
Karen Rennie
Sr. Fleet Workout Specialist
Daimler Truck Financial
Mercedes-Benz Financial
Services USA LLC
13650 Heritage Parkway
Fort Worth, TX 76177
EXHIBIT C
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
MERCEDES-BENZ FINANCIAL
SERVICES USA LLC, a Delaware limited
liability company,
Plaintiff,
Case No. 17-cv-08541
v.
AUTO TRANS GROUP INC., an Illinois
corporation; and VIOLET MIHAYLOVA,
an individual,
Defendants.
DECLARATION OF STEPHEN B. GROW
I, Stephen B. Grow, state as follows:
I am a partner with the Law Finn of Warner Norcross & Judd LLP ("WNJ") and represent Mercedes-Benz Financial Services USA LLC ("MBFS") in the above captioned case.
This declaration is made on my personal knowledge and if sworn as a witness, I could and would competently testify to the facts contained herein.
3. I am duly licensed to practice law in the State of Michigan.
4. I am familiar with the costs, expenses and attorneys' fees incurred by WNJ in connection with this matter.
5. As of March 22, 2018, WNJ professionals have incurred fees totaling $27,405.00 in representing MBFS in this matter.
6. WNJ's fees in this matter have been billed at WNJ's customary hourly rates for MBFS matters, and copies of WNJ's hourly billing records, created contemporaneously with the rendering of legal services, are attached hereto as Exhibit A. The fees billed to date total $24,920.
In addition, WNJ has incurred an additional $2,485.00 in work-in-process time to date that has yet to be billed.
8. The rates charged per hour and the number of hours spent by WNJ professionals on behalf of MBFS in this matter are fair and reasonable, and within the normal standards of the legal community for the type of services performed.
In accordance with 28 Usc § 1746, I declare under penalty of perjury that the foregoing is true and correct.
Dated: March 22, 2018
Stephen B. Grow, a partner
Exhibit A
WARNER NORCROSS & JUDD LLP
Attorneys At Law
Federal ID No: 38-1422647
Please mail remittance to:
900 Fifth Third Center
MS KAREN RENNIE 111 Lyon Street, N.W.
MERCEDES-BENZ FINANCIAL SERVICES USA LLC Grand Rapids, MI 49503-2487
13650 HERITAGE PKWY
FORT WORTH TX 76177
INVOICE FOR LEGAL SERVICES
Remittance Summary — Please return this page with your payment
Invoice Date: November 15, 2017 Invoice Summary
Invoice Number: 2070259
Billing Attorney: S. B. Grow Professional Services $3,255.00
Client/Matter Num: 123279.176591 Costs and Charges 0.00
Client Name: MERCEDES-BENZ FIN SVCS USA LLC Total Invoice $3,255.00
Matter Name: AUTO TRANS GROUP INC.
Make checks payable and remit to:
Warner Norcross & Judd LLP
900 Fifth Third Center ACH and Wire Payments (U.S. Dollars Only):
111 Lyon Street, N.W. Chemical Bank
Grand Rapids, Michigan 49503-2487 333 E. Main Street
Midland, Michigan 48640
Accounting Contact: ABA: 072410013
(616) 752-2050 Account Number: 2551826114
Email: accountsreceivable@wnj.com Beneficiary Account: Warner Norcross & Judd LLP
Remittance Advice: achremittance@wnj.com
WARNER NORCROSS & JUDD LLP
Attorneys At Law
900 Fifth Third Center
111 Lyon Street, N.W.
Grand Rapids, Michigan 49503-2487
INVOICE FOR LEGAL SERVICES
MS KAREN RENNIE
MERCEDES-BENZ FINANCIAL SERVICES USA LLC
13650 HERITAGE PKWY
FORT WORTH TX 76177
Invoice Date: November 15, 2017 Invoice Summary
Invoice Number: 2070259
Billing Attorney: S. B. Grow Professional Services $3,255.00
Client/Matter Num: 123279.176591 Costs and Charges 0.00
Client Name: MERCEDES-BENZ FIN SVCS USA LLC Total Invoice $3,255.00
Matter Name: AUTO TRANS GROUP INC.
Fees for professional services through October 31, 2017
Date Name Hours Rate ($) Fee ($)
10/17/17 S. B. Grow 1.30 350.00 455.00
Telephone conference with Ms. Rennie regarding replevin; review loan documents; pull Jewels Bus
pleadings
10/23/17 S. B. Grow 1.30 350.00 455.00
Review litigation strategies of replevin and appointment of receiver
10/25/17 S. B. Grow 0.80 350.00 280.00
Continue review of litigation alternatives; correspondence to potential local counsel regarding same
10/27/17 S. B. Grow 1.30 350.00 455.00
Correspondence with local counsel; continue drafting pleadings
10/30/17 S. B. Grow 3.30 350.00 1,155.00
Correspondence to Ms. Rennie regarding replevin procedure; review loan documents; continue drafting
pleadings
10/31/17 S. B. Grow 1.30 350.00 455.00
Correspondence to local counsel; continue drafting pleadings
Total Fees for Professional Services $3,255.00
WARNER NORCROSS & JUDD LLP Page 2
Invoice Date: November 15, 2017
Invoice Number: 2070259
Total Invoice $3,255.00
Costs and disbursements posted to your account after the date of this invoice will appear on a future invoice or will be separately invoiced.
Invoices payable upon receipt in U.S. dollars. Please include remittance advice.
Make checks payable and remit to:
Warner Norcross & Judd LLP ACH and Wire Payments (U.S. Dollars Only):
900 Fifth Third Center Chemical Bank
111 Lyon Street, N.W. 333 E. Main Street
Grand Rapids, Michigan 49503-2487 Midland, Michigan 48640
ABA: 072410013
Accounting Contact: Account Number: 2551826114
(616) 752-2050 Beneficiary Account: Warner Norcross & Judd LLP
Email: accountsreceivable@wnj.com
Remittance Advice: achremittance@wnj.com
WARNER NORCROSS & JUDD LLP
Attorneys At Law
Federal ID No: 38-1422647
Please mail remittance to:
900 Fifth Third Center
MS KAREN RENNIE 111 Lyon Street, N.W.
MERCEDES-BENZ FINANCIAL SERVICES USA LLC Grand Rapids, MI 49503-2487
13650 HERITAGE PKWY
FORT WORTH TX 76177
INVOICE FOR LEGAL SERVICES
Remittance Summary — Please return this page with your payment
Invoice Date: December 11, 2017 Invoice Summary
Invoice Number: 2073962
Billing Attorney: S. B. Grow Professional Services $13,405.00
Client/Matter Num: 123279.176591 Costs and Charges 0.00
Client Name: MERCEDES-BENZ FIN SVCS USA LLC Total Invoice $13,405.00
Matter Name: AUTO TRANS GROUP INC.
Make checks payable and remit to:
Warner Norcross & Judd LLP
900 Fifth Third Center ACH and Wire Payments (U.S. Dollars Only):
111 Lyon Street, N.W. Chemical Bank
Grand Rapids, Michigan 49503-2487 333 E. Main Street
Midland, Michigan 48640
Accounting Contact: ABA: 072410013
(616) 752-2050 Account Number: 2551826114
Email: accountsreceivable@wnj.com Beneficiary Account: Warner Norcross & Judd LLP
Remittance Advice: achremittance@wnj.com
WARNER NORCROSS & JUDD LLP
Attorneys At Law
900 Fifth Third Center
111 Lyon Street, N.W.
Grand Rapids, Michigan 49503-2487
INVOICE FOR LEGAL SERVICES
MS KAREN RENNIE
MERCEDES-BENZ FINANCIAL SERVICES USA LLC
13650 HERITAGE PKWY
FORT WORTH TX 76177
Invoice Date: December 11, 2017 Invoice Summary
Invoice Number: 2073962
Billing Attorney: S. B. Grow Professional Services $13,405.00
Client/Matter Num: 123279.176591 Costs and Charges 0.00
Client Name: MERCEDES-BENZ FIN SVCS USA LLC Total Invoice $13,405.00
Matter Name: AUTO TRANS GROUP INC.
Fees for professional services through November 30, 2017
Date Name Hours Rate ($) Fee ($)
11/06/17 S. B. Grow 0.70 350.00 245.00
Telephone conference with local counsel regarding involuntary and replevin
11/08/17 S. B. Grow 0.30 350.00 105.00
Review engagement letter; correspondence to Ms. Hofer regarding same
11/09/17 S. B. Grow 3.60 350.00 1,260.00
Draft replevin complaint and related pleadings
11/10/17 S. B. Grow 3.30 350.00 1,155.00
Telephone conference with Ms. Rennie regarding replevin action; continue drafting complaint and related
pleadings
11/13/17 S. B. Grow 7.80 350.00 2,730.00
Review default notices; finalize complaint; draft motion for replevin; correspondence to local counsel
regarding same
11/14/17 S. B. Grow 5.30 350.00 1,855.00
Draft motion for emergency relief
11/15/17 S. B. Grow 2.30 350.00 805.00
Finalize complaint and emergency motion; correspondence to local counsel regarding same; draft replevin
order; correspondence to Ms. Rennie regarding same
11/16/17 S. B. Grow 4.70 350.00 1,645.00
Telephone conference with local counsel; revise complaint and emergency motion; telephone conference
with Ms. Rennie regarding same
11/17/17 S. B. Grow 3.30 350.00 1,155.00
Review and revise motions for TRO and Replevin; review as-filed complaint and related pleadings;
correspondence with local counsel regarding filing and service; correspondence to Ms. Rennie regarding
same
11/20/17 S. B. Grow 0.40 350.00 140.00
Review draft order (TRO); correspondence to local counsel regarding order and hearing
11/21/17 S. B. Grow 0.70 350.00 245.00
Telephone conference with local counsel regarding TRO; telephone conference with Ms. Rennie regarding
same
11/22/17 S. B. Grow 1.60 350.00 560.00
Review amended complaint, motion and declaration
11/27/17 S. B. Grow 2.60 350.00 910.00
Review and revise declaration, complaint and motion
11/28/17 S. B. Grow 0.90 350.00 315.00
Review as-filed pleadings; correspondence with local counsel regarding same; correspondence to Ms.
Rennie regarding status
11/30/17 S. B. Grow 0.80 350.00 280.00
Correspondence to local counsel regarding corporate interest statement; review amended complaint
Total Fees for Professional Services $13,405.00
Total Invoice $13,405.00
Costs and disbursements posted to your account after the date of this invoice will appear on a future invoice or will be separately invoiced.
Invoices payable upon receipt in U.S. dollars. Please include remittance advice.
Make checks payable and remit to:
Warner Norcross & Judd LLP ACH and Wire Payments (U.S. Dollars Only):
900 Fifth Third Center Chemical Bank
111 Lyon Street, N.W. 333 E. Main Street
Grand Rapids, Michigan 49503-2487 Midland, Michigan 48640
ABA: 072410013
Accounting Contact: Account Number: 2551826114
WARNER NORCROSS & JUDD LLP Page 3
Invoice Date: December 11, 2917
Invoice Number: 2073962
(616) 752-2050 Beneficiary Account: Warner Norcross & Judd LLP
Email: accountsreceivable@wnj.com
Remittance Advice: achremittance@wnj.com
WARNER NORCROSS & JUDD LLP
Attorneys At Law
Federal ID No: 38-1422647
Please mail remittance to:
900 Fifth Third Center
MS KAREN RENNIE 111 Lyon Street, N.W.
MERCEDES-BENZ FINANCIAL SERVICES USA LLC Grand Rapids, MI 49503-2487
13650 HERITAGE PKWY
FORT WORTH TX 76177
INVOICE FOR LEGAL SERVICES
Remittance Summary —Please return this page with your payment
Invoice Date: January 18, 2018 Invoice Summary
Invoice Number: 2077926
Billing Attorney: S. B. Grow Professional Services $1,540.00
Client/Matter Num: 123279.176591 Costs and Charges 10.76
Client Name: MERCEDES-BENZ FIN SVCS USA LLC Total Invoice $1,550.76
Matter Name: AUTO TRANS GROUP INC.
Make checks payable and remit to:
Warner Norcross & Judd LLP
900 Fifth Third Center ACH and Wire Payments (U.S. Dollars Only):
111 Lyon Street, N.W. Chemical Bank
Grand Rapids, Michigan 49503-2487 333 E. Main Street
Midland, Michigan 48640
Accounting Contact: ABA: 072410013
(616) 752-2050 Account Number: 2551826114
Email: accountsreceivable@wnj.com Beneficiary Account: Warner Norcross & Judd LLP
Remittance Advice: achremittance@wnj.com
WARNER NORCROSS & JUDD LLP
Attorneys At Law
900 Fifth Third Center
111 Lyon Street, N.W.
Grand Rapids, Michigan 49503-2487
INVOICE FOR LEGAL SERVICES
MS KAREN RENNIE
MERCEDES-BENZ FINANCIAL SERVICES USA LLC
13650 HERITAGE PKWY
FORT WORTH TX 76177
Invoice Date: January 18, 2018 Invoice Summary
Invoice Number: 2077926
Billing Attorney: S. B. Grow Professional Services $1,540.00
Client/Matter Num: 123279.176591 Costs and Charges 10.76
Client Name: MERCEDES-BENZ FIN SVCS USA LLC Total Invoice $1,550.76
Matter Name: AUTO TRANS GROUP INC.
Fees for professional services through December 31, 2017
Date Name Hours Rate ($) Fee ($)
12/05/17 S. B. Grow 0.40 350.00 140.00
Correspondence with local counsel regarding replevin motion
12/06/17 S. B. Grow 0.80 350.00 280.00
Review and revise order of replevin; correspondence to local counsel regarding same
12/20/17 S. B. Grow 0.20 350.00 70.00
Correspondence to Ms. Lorber regarding default
12/21/17 S. B. Grow 0.70 350.00 245.00
Review declaration; correspondence with local counsel regarding same
12/27/17 S. B. Grow 2.30 350.00 805.00
Review and revise declaration, motion for default, and judgment
Total Fees for Professional Services $1,540.00
Costs and Charges:
Federal Express Corp — Inv 6-008-83918 10.76
Total Costs and Charges 10.76
Total Invoice $1,550.76
Costs and disbursements posted to your account after the date of this invoice will appear on a future invoice or will be separately invoiced.
Invoices payable upon receipt in U.S. dollars. Please include remittance advice.
Make checks payable and remit to:
Warner Norcross & Judd LLP ACH and Wire Payments (U.S. Dollars Only):
900 Fifth Third Center Chemical Bank
111 Lyon Street, N.W. 333 E. Main Street
Grand Rapids, Michigan 49503-2487 Midland, Michigan 48640
ABA: 072410013
Accounting Contact: Account Number: 2551826114
(616) 752-2050 Beneficiary Account: Warner Norcross & Judd LLP
Email: accountsreceivable@wnj.com
Remittance Advice: achremittance@wnj.com
WARNER NORCROSS & JUDD LLP
Attorneys At Law
Federal ID No: 38-1422647
Please mail remittance to:
900 Fifth Third Center
MS KAREN RENNIE 111 Lyon Street, N.W.
MERCEDES-BENZ FINANCIAL SERVICES USA LLC Grand Rapids, MI 49503-2487
13650 HERITAGE PKWY
FORT WORTH TX 76177
INVOICE FOR LEGAL SERVICES
Remittance Summary — Please return this page with your payment
Invoice Date: February 20, 2018 Invoice Summary
Invoice Number: 2082324
Billing Attorney: S. B. Grow Professional Services $6,615.00
Client/Matter Num: 123279.176591 Costs and Charges 11,179.36
Client Name: MERCEDES-BENZ FIN SVCS USA LLC Total Invoice $17,794.36
Matter Name: AUTO TRANS GROUP INC.
Additional Reference: 5000002814001
Make checks payable and remit to:
Warner Norcross & Judd LLP
900 Fifth Third Center ACH and Wire Payments (U.S. Dollars Only):
111 Lyon Street, N.W. Chemical Bank
Grand Rapids, Michigan 49503-2487 333 E. Main Street
Midland, Michigan 48640
Accounting Contact: ABA: 072410013
(616) 752-2050 Account Number: 2551826114
Email: accountsreceivable@wnj.com Beneficiary Account: Warner Norcross & Judd LLP
Remittance Advice: achremittance@wnj.com
WARNER NORCROSS & JUDD LLP
Attorneys At Law
900 Fifth Third Center
111 Lyon Street, N.W.
Grand Rapids, Michigan 49503-2487
INVOICE FOR LEGAL SERVICES
MS KAREN RENNIE
MERCEDES-BENZ FINANCIAL SERVICES USA LLC
13650 HERITAGE PKWY
FORT WORTH TX 76177
Invoice Date: February 20, 2018 Invoice Summary
Invoice Number: 2082324
Billing Attorney: S. B. Grow Professional Services $6,615.00
Client/Matter Num: 123279.176591 Costs and Charges 11,179.36
Client Name: MERCEDES-BENZ FIN SVCS USA LLC Total Invoice $17,794.36
Matter Name: AUTO TRANS GROUP INC.
Additional Reference: 5000002814001
Fees for professional services through February 19, 2018
Date Name Hours Rate ($) Fee ($)
01/02/18 S. B. Grow 0.40 350.00 140.00
Revise declaration; correspondence to debtor's counsel regarding same
01/09/18 S. B. Grow 0.80 350.00 280.00
Review and respond to correspondence from local counsel
01/10/18 S. B. Grow 1.00 350.00 350.00
Correspondence with local counsel regarding delivery of equipment; telephone conference with local
counsel regarding same; telephone conference with Ms. Rennie regarding replevin action
01/15/18 S. B. Grow 0.80 350.00 280.00
Review Signature Finance complaint, docket, Wells and MBFS dockets; correspondence to local counsel
regarding same
01/16/18 S. B. Grow 2.80 350.00 980.00
Review response in opposition to turnover motion; correspondence and telephone conference with local
counsel regarding response and emergency motion; correspondence to Ms. Rennie regarding
abandonment of equipment; telephone conference with local counsel regarding expedited hearing;
review and correspondence regarding notice of intent to abandon equipment
01/17/18 S. B. Grow 0.80 350.00 280.00
Telephone conference with Ms. Rennie regarding recovery of equipment; correspondence with local
counsel regarding same
01/18/18 S. B. Grow 1.60 350.00 560.00
Correspondence to local counsel regarding delivery of equipment; begin drafting response to motion for
replevin
01/19/18 S. B. Grow 7.90 350.00 2,765.00
Correspondence with local counsel; finalize reply to ATG response to replevin motion; correspondence to
Ms. Rennie regarding same
01/22/18 S. B. Grow 1.30 350.00 455.00
Correspondence with Ms. Rennie and local counsel regarding recovery of equipment and emergency
hearing; review draft motion to schedule emergency hearing
01/24/18 S. B. Grow 0.40 350.00 140.00
Telephone conference with Ms. Rennie and correspondence with local counsel regarding emergency
hearing
01/25/18 S. B. Grow 0.40 350.00 140.00
Correspondence with local counsel and Ms. Rennie regarding hearing and location of equipment
01/26/18 S. B. Grow 0.40 350.00 140.00
Correspondence to local counsel and bankruptcy team regarding replevin order and recovery of
equipment
01/29/18 S. B. Grow 0.30 350.00 105.00
Review and revise replevin order; correspondence with local counsel regarding same
Total Fees for Professional Services $6,615.00
Costs and Charges:
The Law Office of William J Factor Ltd — Inv 4523 — Legal services through 11,179.36
January 2018
Total Costs and Charges 11,179.36
Total Invoice $17,794.36
Costs and disbursements posted to your account after the date of this invoice will appear on a future invoice or will be separately invoiced.
Invoices payable upon receipt in U.S. dollars. Please include remittance advice.
Make checks payable and remit to:
Warner Norcross & Judd LLP ACH and Wire Payments (U.S. Dollars Only):
900 Fifth Third Center Chemical Bank
111 Lyon Street, N.W. 333 E. Main Street
Grand Rapids, Michigan 49503-2487 Midland, Michigan 48640
ABA: 072410013
Accounting Contact: Account Number: 2551826114
(616) 752-2050 Beneficiary Account: Warner Norcross & Judd LLP
Email: accountsreceivable@wnj.com
Remittance Advice: achremittance@wnj.com
WARNER NORCROSS & JUDD LLP
Attorneys At Law
Federal ID No: 38-1422647
Please mail remittance to:
900 Fifth Third Center
MS KAREN RENNIE 111 Lyon Street, N.W.
MERCEDES-BENZ FINANCIAL SERVICES USA LLC Grand Rapids, MI 49503-2487
13650 HERITAGE PKWY
FORT WORTH TX 76177
INVOICE FOR LEGAL SERVICES
Remittance Summary — Please return this page with your payment
Invoice Date: March 12, 2018 Invoice Summary
Invoice Number: 2084802
Billing Attorney: S. B. Grow Professional Services $105.00
Client/Matter Num: 123279.176591 Costs and Charges 0.00
Client Name: MERCEDES-BENZ FIN SVCS USA LLC Total Invoice $105.00
Matter Name: AUTO TRANS GROUP INC.
Additional Reference: 5000002814001
Make checks payable and remit to:
Warner Norcross & Judd LLP
900 Fifth Third Center ACH and Wire Payments (U.S. Dollars Only):
111 Lyon Street, N.W. Chemical Bank
Grand Rapids, Michigan 49503-2487 333 E. Main Street
Midland, Michigan 48640
Accounting Contact: ABA: 072410013
(616) 752-2050 Account Number: 2551826114
Email: accountsreceivable@wnj.com Beneficiary Account: Warner Norcross & Judd LLP
Remittance Advice: achremittance@wnj.com
WARNER NORCROSS & JUDD LLP
Attorneys At Law
900 Fifth Third Center
111 Lyon Street, N.W.
Grand Rapids, Michigan 49503-2487
INVOICE FOR LEGAL SERVICES
MS KAREN RENNIE
MERCEDES-BENZ FINANCIAL SERVICES USA LLC
13650 HERITAGE PKWY
FORT WORTH TX 76177
Invoice Date: March 12, 2018 Invoice Summary
Invoice Number: 2084802
Billing Attorney: S. B. Grow Professional Services $105.00
Client/Matter Num: 123279.176591 Costs and Charges 0.00
Client Name: MERCEDES-BENZ FIN SVCS USA LLC Total Invoice $105.00
Matter Name: AUTO TRANS GROUP INC.
Additional Reference: 5000002814001
Fees for professional services through February 28, 2018
Date Name Hours Rate ($) Fee ($)
02/20/18 S. B. Grow 0.30 350.00 105.00
Correspondence with local counsel regarding status conference and motion for relief
Total Fees for Professional Services $105.00
Total Invoice $105.00
Costs and disbursements posted to your account after the date of this invoice will appear on a future invoice or will be separately invoiced.
Invoices payable upon receipt in U.S. dollars. Please include remittance advice.
Make checks payable and remit to:
Warner Norcross & Judd LLP ACH and Wire Payments (U.S. Dollars Only):
900 Fifth Third Center Chemical Bank
111 Lyon Street, N.W. 333 E. Main Street
Grand Rapids, Michigan 49503-2487 Midland, Michigan 48640
ABA: 072410013
Accounting Contact: Account Number: 2551826114
(616) 752-2050 Beneficiary Account: Warner Norcross & Judd LLP
Email: accountsreceivable@wnj.com
WARNER NORCROSS & JUDD LLP Page 2
Invoice Date: March 12, 2018
Invoice Number: 2084802
Remittance Advice: achremittance@wnj.com
