Tygris Asset Finance, Inc. v. WATERFORD LAKES PEDIATRIC P.A. et al

Filing 12

MOTION by Plaintiff Tygris Asset Finance, Inc. to reopen case, MOTION by Plaintiff Tygris Asset Finance, Inc. for judgment pursuant to stipulation (Toosley, Adam)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION ) ) ) ) Plaintiff, ) ) v. ) Case No. 09 CV 4768 ) WATERFORD LAKES PEDIATRIC P.A.; ) Judge Robert W. Gettleman and ALLISON HAUGHTON-GREEN, ) ) Defendants. ) MOTION FOR REINSTATEMENT OF CASE AND FOR ENTRY OF STIPULATED JUDGMENT TYGRIS ASSET FINANCE, INC., Successor to MARCAP CORPORATION, a Delaware corporation, Plaintiff, Tygris Asset Finance, Inc., Successor to MarCap Corporation, by and through its attorneys, Gary E. Green and Adam C. Toosley of Clark Hill PLC, as its Motion for Entry of a Stipulated Judgment, states as follows: 1. On or about October 27, 2009, Defendants, Waterford Lakes Pediatric, P.A. and

Allison Haughton-Green (collectively the "Defendants") signed a Settlement Agreement, Release and Stipulated Judgment. 2. In accordance with the Settlement Agreement, Tygris dismissed the action against

the Defendants without prejudice. 3. Pursuant to the Settlement Agreement, Defendants agreed to make monthly

payments starting November 1, 2009 in the amount of $5,587.31. 4. As part of the Settlement Agreement, Defendants agreed that if they failed to

make any required payments, Tygris was allowed to have the Court enter a Stipulated Judgment in the amount of $194,637.26 minus any monthly payments made by the Defendants.

6205393.1 31006/131106

5.

The only payments received by Tygris were $3,724.87 on October 21, 2009 and

$2,000 on December 1, 2009. 6. In accordance with Paragraph 2(f) of the Settlement Agreement and Paragraph

1(c) of the Stipulated Judgment, Tygris is entitled to the entry of the Stipulated Judgment, which is attached hereto as Exhibit "A," due to the failure of the Defendants to make the required payments under the Settlement Agreement. WHEREFORE, Plaintiff, TYGRIS ASSET FINANCE, INC., SUCCESSOR TO MARCAP CORPORATION, respectfully requests an Order from the Court as follows: a. b. c. d. Reinstating the case for the sole purpose of entering a stipulated judgment; Entering the Stipulated Judgment attached hereto as Exhibit "A"; Entering judgment in favor of Tygris and against both Defendants in the amount of $179,401.19; and For any other relief this Honorable Court deems fair and just. Respectfully submitted, TYGRIS ASSET FINANCE, INC. AS SUCCESSOR TO MARCAP CORPORATION By: s/Adam C. Toosley Adam C. Toosley Gary E. Green, Esq. Adam C. Toosley, Esq. Attorneys for Plaintiff Clark Hill PLC 150 N. Michigan Avenue, Suite 2700 Chicago, IL 60601 [phone]

6205393.1 31006/131106

EXHIBIT A