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)

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
__________________________________________
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LVB-OGDEN MARKETING, LLC,
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Plaintiff,
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Case No. 09-CV-4518
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v.
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Judge Harry D. Leinenweber
PATRICK L. MCCOURT, STEPHANIE
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J. MCCOURT, DAVID S. BINGHAM,
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SHARON BINGHAM, FRANCES P. GRAHAM, )
CHRISTOPHER G. BINGHAM,
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CHERISH BINGHAM a/k/a CHERISH
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BURGESS, SCOTT F. BINGHAM,
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KELLY BINGHAM, and BINGO
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INVESTMENTS, LLC,
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Defendants.
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__________________________________________)
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: [phone]
Attorneys for the LVB-Ogden Marketing, LLC

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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

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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

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