Inland Mortgage Capital Corporation v. Blue Diamond Partners, LLC et al

Filing 11

MOTION by Plaintiff Inland Mortgage Capital Corporation for judgment by stipulation of the parties (Attachments: # 1 Exhibit A - Proposed Stipulated Consent Judgment, # 2 Certificate of Service)(Hardy, Thomas)

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
INLAND MORTGAGE CAPITAL
CORPORATION, a Maryland corporation,

)
)
)
Plaintiff,
)
)
vs.
)
)
BLUE DIAMOND PARTNERS, LLC, a
)
Nevada limited liability company, CHARLES )
ROTKIN, an individual, DAVID ROTKIN, an )
individual, KEVIN GOLSHAN, an individual, )
and GERALDINE A. WEBER, an individual, )
)
Defendants.
)
)

Case No. 11-cv-277
Hon. Harry D. Leinenweber
Mag. Judge Sidney I. Schenkier

MOTION TO ENTER STIPULATED CONSENT JUDGMENT
Plaintiff Inland Mortgage Capital Corporation (“IMCC”), by its attorneys Foley &
Lardner LLP, respectfully requests that this Court enter the Stipulated Consent Judgment
attached as Exhibit A to this Motion, and in support states as follows:
1.

IMCC and Defendants Charles Rotkin, David Rotkin, Kevin Golshan and

Geraldine A. Weber (collectively, the “Defendants”) have agreed to settle and compromise the
dispute between them by the entry of the Stipulated Consent Judgment attached as Exhibit A to
this Motion.
2.

Pursuant to the Stipulated Consent Judgment, each of the Defendants agrees and

consent to the entry of a judgment against him or her in the amount of $200,000.00. The liability
of the Defendants is not joint and several. Instead, each $200,000.00 judgment is separately
enforceable in full against the Defendant against whom it is entered.

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3.

In exchange, IMCC has agreed to forbear from enforcing the Stipulated Consent

Judgment against any of the Defendants for a period of three (3) years form the date of the entry
of the Stipulated Consent Judgment.
4.

IMCC also agreed to voluntarily dismiss its claims against Blue Diamond

Partners, LLC, with prejudice. IMCC will file a notice of voluntary dismissal pursuant to Rule
41(a)(1)(A)(i) of the Federal Rules of Civil Procedure.
5.

The Stipulated Consent Judgment resolves all of the claims against the

Defendants that IMCC set forth in its Complaint.
WHEREFORE, Inland Mortgage Capital Corporation respectfully requests that
this Court (1) grant this Motion; (2) enter the Stipulated Consent Judgment attached as Exhibit A
to this Motion; and (3) grant such other and further relief as this Court deems just and
appropriate.
Respectfully submitted,

Dated: June 29, 2011

INLAND MORTGAGE CAPITAL
CORPORATION

By: /s/ Thomas C. Hardy______________
One of Its Attorneys

William J. McKenna, Jr. (#3124763)
Thomas C. Hardy (#6294305)
Lauren M. Loew (#6293248)
FOLEY & LARDNER LLP
321 North Clark Street, Suite 2800
Chicago, IL 60654-5313
Telephone: [phone]
Fax: [phone]

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CHIC_5438093.1