Lee v. THR & Associates, Inc. et al
Filing
121
OPINION on turnover of assets entered by U.S. Magistrate Judge Tom Schanzle-Haskins pursuant to Citation hearings. See written order. Ruling is reserved on request for payments for analysis of evidence. (LB, ilcd)
E-FILED
Thursday, 02 October, 2014 09:55:58 AM
Clerk, U.S. District Court, ILCD
IN THE UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF ILLINOIS, SPRINGFIELD DIVISION
SHANNON LEE and
CONNIE ROBINSON
Individually, and on
Behalf of All Others
Similarly Situated,
Plaintiff,
v.
JEFFREY A. PARSONS,
Defendant.
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No. 12-cv-3078
OPINION
TOM SCHANZLE-HASKINS, U.S. MAGISTRATE JUDGE:
This matter comes before the Court on the Citation to Discover Assets
(d/e 104) served on Defendant Judgment Debtor Jeffrey A. Parsons. This Court
entered judgment in favor of the Plaintiffs and against Defendant Jeffrey A.
Parsons in the sum of $12,328,811.36. Judgment in a Civil Case entered May
22, 2014 (d/e 103) (Judgment) . The Plaintiffs commenced this Citation
proceeding on Parsons to discover his assets and income to pay the Judgment.
The Court held three hearings on this continued Citation proceeding on July 10,
2014, August 27, 2014, and October 1, 2014.
Page 1 of 3
At the conclusion of the October 1, 2014, hearing, Plaintiffs asked this
Court to direct Parsons to turn over all property (hereinafter the Contents) stored
in a warehouse storage facility or locker (Warehouse) located at 1805 Sealy
Street, Alvin, Texas, and to deliver the Contents to a business address in
Chicago, Illinois. The Plaintiffs further asked this Court direct Parsons to pay a
lump sum of $1,200,000.00 and to make ongoing monthly payments of
$100,000.00. Parsons has no objection to the turnover of the Contents, but
objects to transporting the contents to Chicago. Parsons claims he is unable to
make any payments at this time.
This Court is authorized to employ the collection procedures of the state in
which it sits, in this case Illinois. Fed. R. Civ. P. 69(a). Illinois authorizes Citation
proceedings to discover a judgment debtor’s assets and income and to collect
the judgment from such assets and income. 735 ILCS 5/2-1402; Ill. S. Ct. R.
277. Upon the discovery of assets and income, this Court may order the
turnover of the judgment debtor’s assets and order the judgment debtor to make
regular payments from his available income. 735 ILCS 5/2-1402(c)(1) and (2).
Pursuant to § 5/2-1402(c)(1), this Court allows in part the Plaintiffs’ request
to order turnover of the Contents. This Court hereby orders Parsons to turn over
the Contents to the Plaintiffs at the location of the Warehouse. The Court denies
Plaintiffs’ request to require Parsons to ship the Contents to Chicago, Illinois.
Page 2 of 3
Plaintiffs can ship the Contents and recover the transportation costs from the
proceeds of sale of the Contents, or liquidate the Contents in Texas and recover
liquidation costs, as set forth below, from the proceeds of the sale.
The Plaintiffs are directed to notify Parsons in writing of a date and time no
later than 5:00 p.m. central daylight time on October 15, 2014, that Plaintiffs, or
their representatives, will take possession of the Contents. Parsons is directed to
appear at the Warehouse at the time and date selected by the Plaintiffs and
deliver possession of the Contents to the Plaintiffs or their representatives. The
Plaintiffs are authorized to sell the Contents in a reasonable manner, to apply the
proceeds first to the costs incurred in the collection and sale of the Contents,
including transportation and storage costs, and then to apply the remaining
proceeds of sale to pay down the Judgment.
The Court reserves ruling at this time on the Plaintiffs’ request for a lump
sum payment and ongoing monthly payments. The Plaintiffs’ request for
payments will require additional time to analyze the evidence presented. The
Court enters this Opinion regarding the Contents separately to avoid any further
delay in the collection and sale of the Contents to pay down some portion of the
judgment.
ENTER: October 2, 2014
s/ Tom Schanzle-Haskins
UNITED STATES MAGISTRATE JUDGE
Page 3 of 3
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