Dexia Credit Local v. Rogan, et al

Filing 1105

MOTION by Plaintiff Dexia Credit Local for judgment [Motion for Entry of Final Judgment with Respect to the Interests of Pter Rogan and the Rogan Children In the Peter Rogan Irrevocable Trust] (Attachments: # 1 Exhibit A - H)(Aizenberg, Gabriel)

Exhibit A

Exhibit B

Exhibit C

Exhibit D

Exhibit E

Exhibit F

Exhibit G

Exhibit 1

CM/ECF LIVE, Ver 3.2.2 - U.S. District Court, Northern Illinois

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United States District Court Northern District of Illinois - CM/ECF LIVE, Ver 3.2.2 (Chicago) CIVIL DOCKET FOR CASE #: 1:02-cv-08288
Dexia Credit Local v. Rogan, et al Assigned to: Honorable Matthew F. Kennelly Demand: $9,999,000 Case in other court: 08-03500 Cause: 28:1332 Diversity-Fraud Date Filed: 11/14/2002 Date Terminated: 05/03/2007 Jury Demand: Defendant Nature of Suit: 370 Personal Prop.: Fraud or Truth-In-Lending Jurisdiction: Diversity

Date Filed 03/18/2009

# 920

Docket Text MINUTE entry before the Honorable Matthew F. Kennelly: Motion hearing held. Plaintiff's motion to compel 865 is entered and continued to 3/23/09 at 4:00 p.m. Intervenors' responses to plaintiff's motion for order barring intervenors 918 and motion to strike 912 are due 3/23/09; replies are due 3/25/09. Intervenors' motion in support of request for prior trial by jury is denied as stated in open court 916 . Plaintiff's motion for order requiring others to respond to Dexia's summary judgment motions is granted 914 . All persons other than Judith Rogan claiming interest in the RPP Finance Trust and the Peter G Rogan Irrevocable Trust 001 are to respond to plaintiff's summary judgment motions concerning those trusts (docket nos. 855 & 857) by 4/1/09; plaintiff's reply is due 4/8/09. Motion to amend temporary restraining order was previously granted and is terminated 872 . Mailed notice (mk) (Entered: 03/18/2009)

https://ecf.ilnd.uscourts.gov/cgi-bin/DktRpt.pl?218839411880182-L_801_0-1

3/20/2009

Page 1 of 6

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LEGAL TERMS AND CONDITIONS OF FEDEX SHIPPING DEFINITIONS. On this Air Waybill, "we", "our", "us", and "FedEx" refer to Federal Express Corporation, its subsidiaries and branches and their respective employees, agents, and independent contractors. The terms "you" and "your" refer to the shipper, its employees, principals and agents. If your shipment originates outside the United States, your contract of carriage is with the FedEx subsidiary, branch or independent contractor who originally accepts the shipment from you. The term "package" means any container or envelope that is accepted by us for delivery, including any such items tendered by you utilizing our automated systems, meters, manifests or waybills. The term "shipment" means all packages which are tendered to and accepted by us on a single Air Waybill. AIR CARRIAGE NOTICE. For any international shipments by air, the Warsaw Convention, as amended, may be applicable. The Warsaw Convention, as amended, will then govern and in most cases limit FedEx's liability for loss, delay of, or damage to your shipment. The Warsaw Convention, as amended, limits FedEx's liability. For example in the U.S. liability is limited to $9.07 per pound (20$ per kilogram), unless a higher value for carriage is declared as described below and you pay any applicable supplementary charges. The interpretation and operation of the Warsaw Convention's liability limits may vary in each country. There are no specific stopping places which are agreed to and FedEx reserves the right to route the shipment in any way FedEx deems appropriate. ROAD TRANSPORT NOTICE. Shipments transported solely by road to or from a country which is a party to the Warsaw Convention or the Contract for the International Carriage of Goods by Road (the "CMR") are subject to the terms and conditions of the CMR, notwithstanding any other provision of this Air Waybill to the contrary. For those shipments transported solely by road, if a conflict arises between the provisions of the CMR and this Air Waybill, the terms of the CMR shall prevail. LIMITATION OF LIABILITY. If not governed by the Warsaw Convention, the CMR, or other international treaties, laws, other government regulations, orders, or requirements, FedEx's maximum liability for damage, loss, delay, shortage, mis-delivery, nondelivery, misinformation or failure to provide information in connection with your shipment is limited by this Agreement and as set out in the terms and conditions of the contract of carriage. Please refer to the contract of carriage set forth in the applicable FedEx Service Guide or its equivalent to determine the contractual limitation. FedEx does not provide cargo liability or all-risk insurance, but you may pay an additional charge for each additional U.S. $100 (or equivalent local currency for the country of origin) of declared value for carriage. If a higher value for carriage is declared and the additional charge is paid, FedEx's maximum liability will be the lesser of the declared value for carriage or your actual damages. LIABILITIES NOT ASSUMED. IN ANY EVENT, FEDEX WON'T BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL IN EXCESS OF THE DECLARED VALUE FOR CARRIAGE (INCLUDING BUT NOT LIMITED TO LOSS OF INCOME OR PROFITS) OR THE ACTUAL VALUE OF THE SHIPMENT, IF LOWER, WHETHER OR NOT FEDEX HAD ANY KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED. FedEx won't be liable for your acts or omissions, including but not limited to incorrect declaration of cargo, improper or insufficient packaging, securing, marking or addressing of the shipment, or for the acts or omissions of the recipient or anyone else with an interest in the shipment or violations by any party of the terms of this agreement. FedEx won't be liable for damage, loss, delay, shortage, mis-delivery, non-delivery, misinformation or failure to provide information in connection with shipments of cash, currency or other prohibited items or in instances beyond our control, such as acts of God, perils of the air, weather conditions, mechanical delays, acts of public enemies, war, strike, civil commotion, or acts or omissions of public authorities(including customs and health officials) with actual or apparent authority. NO WARRANTY. We make no warranties, express or implied. CLAIMS FOR LOSS, DAMAGE OR DELAY. ALL CLAIMS MUST BE MADE IN WRITING AND WITHIN STRICT TIME LIMITS. SEE OUR TARIFF, APPLICABLE FEDEX SERVICE GUIDE, OR STANDARD CONDITIONS OF CARRIAGE FOR DETAILS. The Warsaw Convention provides specific written claims procedures for damage, delay or non-delivery of your shipment. Moreover, the interpretation and operation of the Warsaw Convention's claims provisions may vary in each country. Refer to the Convention to determine the claims period for your shipment. The right to damages against us shall be extinguished unless an action is brought within two years, as set forth in the Convention. FedEx is not obligated to act on any claim until all transportation charges have been paid. The claim amount may not be deducted from the transportation charges. If the recipient accepts the shipment without noting any damage on the delivery record, FedEx will assume the shipment was delivered in good condition. In order for us to consider a claim for damage, the contents, original shipping carton and packing must be made available to us for inspection. MANDATORY LAW. Insofar as any provision contained or referred to in this Air Waybill may be contrary to any applicable international treaties, laws, government regulations, orders or requirements such provisions shall remain in effect as a part of our agreement to the extent that it is not overridden. The invalidity or unenforceability of any provisions shall not affect any other part of this Air Waybill. Unless otherwise indicated, FEDERAL EXPRESS CORPORATION, 2005 Corporate Avenue, Memphis, TN 38132, USA, is the first carrier of this shipment. Email address located at www.fedex.com.

https://www.fedex.com/shipping/html/en/PrintIFrame.html

3/20/2009

Page 2 of 6

After printing this label: 1. Use the 'Print' button on this page to print your label to your laser or inkjet printer. 2. Fold the printed page along the horizontal line. 3. Place label in shipping pouch and affix it to your shipment so that the barcode portion of the label can be read and scanned. Warning: Use only the printed original label for shipping. Using a photocopy of this label for shipping purposes is fraudulent and could result in additional billing charges, along with the cancellation of your FedEx account number.
LEGAL TERMS AND CONDITIONS OF FEDEX SHIPPING DEFINITIONS. On this Air Waybill, "we", "our", "us", and "FedEx" refer to Federal Express Corporation, its subsidiaries and branches and their respective employees, agents, and independent contractors. The terms "you" and "your" refer to the shipper, its employees, principals and agents. If your shipment originates outside the United States, your contract of carriage is with the FedEx subsidiary, branch or independent contractor who originally accepts the shipment from you. The term "package" means any container or envelope that is accepted by us for delivery, including any such items tendered by you utilizing our automated systems, meters, manifests or waybills. The term "shipment" means all packages which are tendered to and accepted by us on a single Air Waybill. AIR CARRIAGE NOTICE. For any international shipments by air, the Warsaw Convention, as amended, may be applicable. The Warsaw Convention, as amended, will then govern and in most cases limit FedEx's liability for loss, delay of, or damage to your shipment. The Warsaw Convention, as amended, limits FedEx's liability. For example in the U.S. liability is limited to $9.07 per pound (20$ per kilogram), unless a higher value for carriage is declared as described below and you pay any applicable supplementary charges. The interpretation and operation of the Warsaw Convention's liability limits may vary in each country. There are no specific stopping places which are agreed to and FedEx reserves the right to route the shipment in any way FedEx deems appropriate. ROAD TRANSPORT NOTICE. Shipments transported solely by road to or from a country which is a party to the Warsaw Convention or the Contract for the International Carriage of Goods by Road (the "CMR") are subject to the terms and conditions of the CMR, notwithstanding any other provision of this Air Waybill to the contrary. For those shipments transported solely by road, if a conflict arises between the provisions of the CMR and this Air Waybill, the terms of the CMR shall prevail. LIMITATION OF LIABILITY. If not governed by the Warsaw Convention, the CMR, or other international treaties, laws, other government regulations, orders, or requirements, FedEx's maximum liability for damage, loss, delay, shortage, mis-delivery, nondelivery, misinformation or failure to provide information in connection with your shipment is limited by this Agreement and as set out in the terms and conditions of the contract of carriage. Please refer to the contract of carriage set forth in the applicable FedEx Service Guide or its equivalent to determine the contractual limitation. FedEx does not provide cargo liability or all-risk insurance, but you may pay an additional charge for each additional U.S. $100 (or equivalent local currency for the country of origin) of declared value for carriage. If a higher value for carriage is declared and the additional charge is paid, FedEx's maximum liability will be the lesser of the declared value for carriage or your actual damages. LIABILITIES NOT ASSUMED. IN ANY EVENT, FEDEX WON'T BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL IN EXCESS OF THE DECLARED VALUE FOR CARRIAGE (INCLUDING BUT NOT LIMITED TO LOSS OF INCOME OR PROFITS) OR THE ACTUAL VALUE OF THE SHIPMENT, IF LOWER, WHETHER OR NOT FEDEX HAD ANY KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED. FedEx won't be liable for your acts or omissions, including but not limited to incorrect declaration of cargo, improper or insufficient packaging, securing, marking or addressing of the shipment, or for the acts or omissions of the recipient or anyone else with an interest in the shipment or violations by any party of the terms of this agreement. FedEx won't be liable for damage, loss, delay, shortage, mis-delivery, non-delivery, misinformation or failure to provide information in connection with shipments of cash, currency or other prohibited items or in instances beyond our control, such as acts of God, perils of the air, weather conditions, mechanical delays, acts of public enemies, war, strike, civil commotion, or acts or omissions of public authorities(including customs and health officials) with actual or apparent authority. NO WARRANTY. We make no warranties, express or implied. CLAIMS FOR LOSS, DAMAGE OR DELAY. ALL CLAIMS MUST BE MADE IN WRITING AND WITHIN STRICT TIME LIMITS. SEE OUR TARIFF, APPLICABLE FEDEX SERVICE GUIDE, OR STANDARD CONDITIONS OF CARRIAGE FOR DETAILS. The Warsaw Convention provides specific written claims procedures for damage, delay or non-delivery of your shipment. Moreover, the interpretation and operation of the Warsaw Convention's claims provisions may vary in each country. Refer to the Convention to determine the claims period for your shipment. The right to damages against us shall be extinguished unless an action is brought within two years, as set forth in the Convention. FedEx is not obligated to act on any claim until all transportation charges have been paid. The claim amount may not be deducted from the transportation charges. If the recipient accepts the shipment without noting any damage on the delivery record, FedEx will assume the shipment was delivered in good condition. In order for us to consider a claim for damage, the contents, original shipping carton and packing must be made available to us for inspection. MANDATORY LAW. Insofar as any provision contained or referred to in this Air Waybill may be contrary to any applicable international treaties, laws, government regulations, orders or requirements such provisions shall remain in effect as a part of our agreement to the extent that it is not overridden. The invalidity or unenforceability of any provisions shall not affect any other part of this Air Waybill. Unless otherwise indicated, FEDERAL EXPRESS CORPORATION, 2005 Corporate Avenue, Memphis, TN 38132, USA, is the first carrier of this shipment. Email address located at www.fedex.com.

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3/20/2009

Page 3 of 6
This invoice must be completed in English SHIPPED FROM : Tax ID/VAT No. : Contact Name : Elsa Doi Telephone No. : 3125951037 E-Mail : Company Name/Address : HOWRELY LLP 321 N. CLARK STREET SUITE 3400 CHICAGO IL 60654 Country : UNITED STATES OF AMERICA Parties to Transaction: Related Payment Terms : Incoterms : FCA/FOB Reason for Export : Sold Not Sold Other SHIPPED TO : Tax ID/VAT No. : Contact Name : Peter G. Rogan Telephone No. : 312-595-1037 E-Mail : Company Name/Address : Peter G. Rogan Suite 603 1155 Mainland Street Vancouver BC V6B5P2 Country : Country : CANADA No. of No. of Unit of Description of Goods (Including Harmonized Packages Units Measure Tariff No.) 1.00 PCS Commercial - Legal Documents HS Total No. of Packages : 1 Total Weight (Indicate LBS or KGS) : 1.00 lbs Special Instructions : Value Unit Country of Origin US 1.000000 Subtotal : Insurance : Freight : Packing : Handling : Other : Invoice Total : Currency Code : Total Value 1.00 1.00 0.00 0.00 0.00 0.00 0.00 1.00 USD Non-related Date : 03/20/2009 Air Waybill No. : 797436694004 Invoice No. : Purchase Order No. : SOLD TO : Same as SHIPPED TO :

COMMERCIAL INVOICE

Company Name/Address :

Declaration Statement(s) : These commodities, technology, or software were exported from the United States in accordance with the Export Administration Regulations. Diversion contrary to United States law is prohibited. These commodities, technology, or software were exported from the United States in accordance with the Export Administration regulations. Diversion contrary to U.S. Law prohibited. I declare that all the information contained in this invoice is true and correct.

Signature/Title

Date

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3/20/2009

Page 4 of 6
This invoice must be completed in English SHIPPED FROM : Tax ID/VAT No. : Contact Name : Elsa Doi Telephone No. : 3125951037 E-Mail : Company Name/Address : HOWRELY LLP 321 N. CLARK STREET SUITE 3400 CHICAGO IL 60654 Country : UNITED STATES OF AMERICA Parties to Transaction: Related Payment Terms : Incoterms : FCA/FOB Reason for Export : Sold Not Sold Other SHIPPED TO : Tax ID/VAT No. : Contact Name : Peter G. Rogan Telephone No. : 312-595-1037 E-Mail : Company Name/Address : Peter G. Rogan Suite 603 1155 Mainland Street Vancouver BC V6B5P2 Country : Country : CANADA No. of No. of Unit of Description of Goods (Including Harmonized Packages Units Measure Tariff No.) 1.00 PCS Commercial - Legal Documents HS Total No. of Packages : 1 Total Weight (Indicate LBS or KGS) : 1.00 lbs Special Instructions : Value Unit Country of Origin US 1.000000 Subtotal : Insurance : Freight : Packing : Handling : Other : Invoice Total : Currency Code : Total Value 1.00 1.00 0.00 0.00 0.00 0.00 0.00 1.00 USD Non-related Date : 03/20/2009 Air Waybill No. : 797436694004 Invoice No. : Purchase Order No. : SOLD TO : Same as SHIPPED TO :

COMMERCIAL INVOICE

Company Name/Address :

Declaration Statement(s) : These commodities, technology, or software were exported from the United States in accordance with the Export Administration Regulations. Diversion contrary to United States law is prohibited. These commodities, technology, or software were exported from the United States in accordance with the Export Administration regulations. Diversion contrary to U.S. Law prohibited. I declare that all the information contained in this invoice is true and correct.

Signature/Title

Date

https://www.fedex.com/shipping/html/en/PrintIFrame.html

3/20/2009

Page 5 of 6
This invoice must be completed in English SHIPPED FROM : Tax ID/VAT No. : Contact Name : Elsa Doi Telephone No. : 3125951037 E-Mail : Company Name/Address : HOWRELY LLP 321 N. CLARK STREET SUITE 3400 CHICAGO IL 60654 Country : UNITED STATES OF AMERICA Parties to Transaction: Related Payment Terms : Incoterms : FCA/FOB Reason for Export : Sold Not Sold Other SHIPPED TO : Tax ID/VAT No. : Contact Name : Peter G. Rogan Telephone No. : 312-595-1037 E-Mail : Company Name/Address : Peter G. Rogan Suite 603 1155 Mainland Street Vancouver BC V6B5P2 Country : Country : CANADA No. of No. of Unit of Description of Goods (Including Harmonized Packages Units Measure Tariff No.) 1.00 PCS Commercial - Legal Documents HS Total No. of Packages : 1 Total Weight (Indicate LBS or KGS) : 1.00 lbs Special Instructions : Value Unit Country of Origin US 1.000000 Subtotal : Insurance : Freight : Packing : Handling : Other : Invoice Total : Currency Code : Total Value 1.00 1.00 0.00 0.00 0.00 0.00 0.00 1.00 USD Non-related Date : 03/20/2009 Air Waybill No. : 797436694004 Invoice No. : Purchase Order No. : SOLD TO : Same as SHIPPED TO :

COMMERCIAL INVOICE

Company Name/Address :

Declaration Statement(s) : These commodities, technology, or software were exported from the United States in accordance with the Export Administration Regulations. Diversion contrary to United States law is prohibited. These commodities, technology, or software were exported from the United States in accordance with the Export Administration regulations. Diversion contrary to U.S. Law prohibited. I declare that all the information contained in this invoice is true and correct.

Signature/Title

Date

https://www.fedex.com/shipping/html/en/PrintIFrame.html

3/20/2009

Page 6 of 6
This invoice must be completed in English SHIPPED FROM : Tax ID/VAT No. : Contact Name : Elsa Doi Telephone No. : 3125951037 E-Mail : Company Name/Address : HOWRELY LLP 321 N. CLARK STREET SUITE 3400 CHICAGO IL 60654 Country : UNITED STATES OF AMERICA Parties to Transaction: Related Payment Terms : Incoterms : FCA/FOB Reason for Export : Sold Not Sold Other SHIPPED TO : Tax ID/VAT No. : Contact Name : Peter G. Rogan Telephone No. : 312-595-1037 E-Mail : Company Name/Address : Peter G. Rogan Suite 603 1155 Mainland Street Vancouver BC V6B5P2 Country : Country : CANADA No. of No. of Unit of Description of Goods (Including Harmonized Packages Units Measure Tariff No.) 1.00 PCS Commercial - Legal Documents HS Total No. of Packages : 1 Total Weight (Indicate LBS or KGS) : 1.00 lbs Special Instructions : Value Unit Country of Origin US 1.000000 Subtotal : Insurance : Freight : Packing : Handling : Other : Invoice Total : Currency Code : Total Value 1.00 1.00 0.00 0.00 0.00 0.00 0.00 1.00 USD Non-related Date : 03/20/2009 Air Waybill No. : 797436694004 Invoice No. : Purchase Order No. : SOLD TO : Same as SHIPPED TO :

COMMERCIAL INVOICE

Company Name/Address :

Declaration Statement(s) : These commodities, technology, or software were exported from the United States in accordance with the Export Administration Regulations. Diversion contrary to United States law is prohibited. These commodities, technology, or software were exported from the United States in accordance with the Export Administration regulations. Diversion contrary to U.S. Law prohibited. I declare that all the information contained in this invoice is true and correct.

Signature/Title

Date

https://www.fedex.com/shipping/html/en/PrintIFrame.html

3/20/2009

Exhibit H