LVB-Ogden Marketing Corporation et al v. McCourt et al

Filing 88

MOTION by Plaintiff LVB-Ogden Marketing, LLC. for judgment Plaintiff LVB-Ogden Marketing, LLC's Motion to Revive Judgment (Attachments: # 1 Exhibit A - 09/29/2010 Entered Judgment)(Tsoumas, Tammy)

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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION __________________________________________ ) LVB-OGDEN MARKETING, LLC, ) ) Plaintiff, ) Case No. 09-CV-4518 ) v. ) ) Judge Harry D. Leinenweber PATRICK L. MCCOURT, STEPHANIE ) J. MCCOURT, DAVID S. BINGHAM, ) SHARON BINGHAM, FRANCES P. GRAHAM, ) CHRISTOPHER G. BINGHAM, ) CHERISH BINGHAM a/k/a CHERISH ) BURGESS, SCOTT F. BINGHAM, ) KELLY BINGHAM, and BINGO ) INVESTMENTS, LLC, ) ) Defendants. ) __________________________________________) PLAINTIFF LVB-OGDEN MARKETING, LLC’S MOTION TO REVIVE JUDGMENT Pursuant to Federal Rule of Civil Procedure 69(a) and Illinois Rules 735 ILCS 5/12-108 and 735 ILCS 5/2-1601, Plaintiff LVB-Ogden Marketing, LLC (“LVB”) hereby moves to revive the judgment previously entered, a copy of which is attached, against defendants David S. Bingham, Sharon Bingham, Frances P. Graham, Christopher G. Bingham, Cherish Bingham a/k/a Cherish Burgess, Kelly Bingham, and Bingo Investments LLC (collectively, “the Bingham Defendants”). On September 29, 2010, a judgment was entered in the matter of LVB-Ogden Marketing Corporation v. Patrick McCourt et al. in which the Bingham Defendants were adjudged jointly and severally liable for $70,944,423.10 plus post judgment interest at the rate of .49% per annum. LVB-Ogden Marketing Corporation v. Patrick McCourt et al., No. 09 C 4518, Dkt. No. 78 (N.D. Ill. 2010). These damages now exceed $73,345,435.06, which includes the entire amount of the original judgment plus at least $2,401,011.96 accrued post judgment interest. To date, the entire amount of the judgment remains unsatisfied. Since the judgment was entered, LVB has incurred no less than $378 in related costs and reserves all rights to seek any costs related to the above-captioned action. Under Federal Rule of Civil Procedure 26, revival of judgments is governed by the law of the state in which the district court that entered the judgment is located. FED. R. CIV. P. 69(a). Accordingly, Illinois state law applies. In Illinois, the statute of limitations for enforcement of judgments is seven years. 735 ILL. COMP. STAT. 5/12-108. However, Section 12-108 allows for an exception where the judgment is revived pursuant to 735 ILL. COMP STAT. 5/2-1601. Id. Section 2-1601 requires the movant to file a “petition filed in the case in which the original judgment was entered” in order to revive a prior judgment. 735 ILL. COMP STAT. 5/2-1601 (2002). Furthermore, the motion seeking to revive a prior judgment must be sought “no later than 20 years after the date of entry of such judgment.” 735 ILL. COMP. STAT. 5/13-218 (2009). WHEREFORE, for the reasons set forth above, LVB respectfully requests that the Court enter an order to revive the Judgment entered on September 29, 2010. Dated: August 25, 2017 Respectfully submitted, /s/ Tammy A. Tsoumas Tammy A. Tsoumas (Admitted Pro Hac Vice) Jonathan J. Faria (Admitted Pro Hac Vice) KIRKLAND & ELLIS LLP 333 South Hope Street, 29th Floor Los Angeles, CA 90071 Telephone: (213) 680-8400 Attorneys for the LVB-Ogden Marketing, LLC 2 CERTIFICATE OF SERVICE I, Tammy A. Tsoumas, an attorney, hereby certify that this 25 day of August, 2017, I electronically filed the foregoing PLAINTIFF LVB-OGDEN MARKETING, LLC’S MOTION TO REVIVE JUDGMENT with the Clerk of the Court using the CM/ECF system. /s/ Tammy A. Tsoumas Tammy A. Tsoumas 3 SERVICE LIST Bingo Investments, LLC 15340 NE 92nd St. Redmond, WA 98074 Cherish Bingham a/k/a Cherish Burgess 3200 80th Ave. NE Hunts Point, WA 98004 Christopher G. Bingham 3200 80th Ave. NE Hunts Point, WA 98004 David S. Bingham 9215 SE Shoreland Place Bellevue, WA 98004 Sharon Bingham 9215 SE Shoreland Place Bellevue, WA 98004 Kelly Bingham 9820 Northeast 27th Street Bellevue, WA 98004 Dale M. Foreman Foreman, Appel, Hotchkiss & Zimmerman, PLLC 124 N. Wenatchee Ave., Suite A Post Office Box 3125 Wenatchee, WA 98807-3125 Counsel for Frances P. Graham 5

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