RBS Citizens, N.A. v. Tayyab Cab Corporation et al

Filing 19

MOTION by Plaintiff RBS Citizens, N.A. for judgment (Attachments: # 1 Exhibit)(Nelson, William)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
RBS CITIZENS, N.A., d/b/a CHARTER
ONE BANK, a National Banking
Association,
Plaintiff,
- vsTAYYAB CAB CORPORATION, an
Illinois Corporation and MOHAMMED
ALTAF, an individual,
Defendants.

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Case No. 1:11-cv-01808
Hon. James B. Zagel

PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT
NOW COMES, the Plaintiff, RBS CITIZENS, N.A. d/b/a, Charter One a National
Banking Association, (hereinafter called "Charter One"), by and through one its attorneys,
William E. Nelson ofthe firm of Simon, PLC and as and for its motion for Motion for Default
Judgment, against the defendants, Tayyab Cab Corporation, (hereinafter called "Tayyab"), and
Mohammed Altaf, (hereinafter called "Altaf'), states as follows:
1. On or about March 26, 2011, Charter One filed its Complaint in this cause.
2. Tayyab and Altafwere duly served with Summons and Complaint in this cause.
3. On April26, 2011 this Court found Tayyab and Altafto be in default on Charter
One's Motion for Default brought pursuant to FRCvP Rule 55
4. Subsequent April26, 2011 Charter One moved to enter default judgment against
Tayyab and Altaf.
5. Subsequent to the filing of the motion for entry of judgment, Charter One entered into
negotiations with Tayyab and Altaf to attempt to amicably recover the amounts alleged in this

cause resulting the signing of a forbearance agreement in the form of a Modification/Extension
Agreement to Commercial Line Note by Tayyab and Altaf, a copy of which is attached hereto
and by this reference incorporated herein as Exhibit 1.
6. Tayyab and Altafhave failed to timely make the payments to Charter One that are
required of them by the terms of Exhibit 1 having only made payments in the amount of Seven
Thousand and No/100ths Dollars ($7,000.00) ..
7. Attached hereto and by this reference incorporated herein as Exhibit 2 is the
Confession of Judgment signed by Tayyab and Altaf in conjunction with the signing of Exhibit
1.

9. Exhibit 2 provides that there is One Hundred Thousand One Hundred Five Thousand
Six Hundred Twenty Six and 06/100ths Dollars ($105,626.06) due on this account as ofthe
signing thereof.
10. Further, Exhibit

r provides that per diem interest of Ten and 93/1 OOths Dollars

($10.93) would continue to accrue on this account from and after default under the terms of
Exhibit 1.
11. Charter One received the last payment pursuant to Exhibit 1 from Tayyab and Altaf
on August 20, 2012.
12. Subsequent to the receipt of the last payment received by Tayyab and Altaf, interest
in the amount of Two Thousand and 19/1 OOths Dollars ($2,000.19) has accrued on this account
through February 19, 2013.
13. Exhibit 2 provides that in addition to the principal and interest as set out above,
Charter One is entitled to recover its costs of collection including reasonable attorneys' fees
pursuant to the Collection Expenses.

14. Attached hereto as Exhibit 3 and by this reference incorporated herein is the
Affidavit of William E. Nelson.
13. Exhibit 3 provides that Charter One has incurred additional costs in the amount Fifty
Five and 62/lOOths Dollars ($55.62), and additional attorneys' fees of One Thousand Six
Hundred Seventy Five and 80/100ths Dollars ($1,675.80) subsequent to the signing of Exhibit 2.

WHEREFORE, Charter One prays this Honorable Court grant it relief as follows:
A. That Charter One be granted Default Judgment against Tayyab and Altaf, jointly and
severally, in the amount of One Hundred Two Thousand Three Hundred Fifty Seven and
67/100ths Dollars ($102,357.67) together with any further costs that are incurred in pursuing any
post-judgment proceedings ill. this action; and
B. That the Court grant the Plaintiff such other and further relief as may be equitable and
just.
RESPECTFULLY SUBMITTED,

Is/ William E. Nelson
William E. Nelson, #3126292
SimonPLC
1 South Dearborn Street
Suite 2100
Chicago, Illinois 60603
312-212-4338