Moo & Oink, Inc. v. Chicago Boxed Beef Distributors, Inc., et al.,

Filing 152

MOTION by Plaintiff Michael K. Desmond for judgment Entry of Agreed Judgment Against Chicago Boxed Beef Distributors, Inc. (Attachments: # 1 Text of Proposed Order Agreed Judgment Order)(Harris, Jeff)

Desmond v. Chicago Boxed Beef Distributors, Inc., et al.,

Doc. 152

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
MICHAEL K. DESMOND, not individually
)
but solely in his capacity as Chapter 7 Trustee )
of the bankruptcy estate of MOO & OINK, INC. )
)
Plaintiff,
)
)
v.
)
)
CHICAGO BOXED BEEF DISTRIBUTORS, )
INC., an Illinois Corporation, SEAN
)
CONNELLY, an individual, DUTCH FARMS, )
INC., an Illinois corporation; TIM BOONSTRA, )
an individual, LOU DONZELLI, an individual
)
and WINDY CITY FOOD DISTRIBUTORS,
)
INC., an Illinois corporation,
)
)
Defendants.
)

11-cv-3545
Hon. Judge Ruben Castillo
Jury Demanded

MOTION FOR ENTRY OF AGREED JUDGMENT AGAINST
CHICAGO BOXED BEEF DISTRIBUTORS, INC.
Plaintiff Michael K. Desmond, not individually but solely in his capacity as Chapter 7
Trustee (“Trustee” or “Plaintiff”) of the bankruptcy estate of Moo & Oink, Inc., through his
attorneys, hereby submits his Motion for Entry of Agreed Judgment Against Chicago Boxed
Beef Distributors, Inc. (“Chicago Boxed Beef”), and states as follows:
1.

The parties to this matter who were not in default, i.e., the Trustee, and defendants

Dutch Farms, Inc., Tim Boonstra, Windy City Food Distributors, Inc., and Chicago Boxed Beef,
participated in a settlement conference before Magistrate Judge Keys on April 22, 2013. As a
result of that settlement conference, those parties reached a settlement in principle.
2.

In light of the successful settlement conference, the Court dismissed this action

without prejudice on April 25, 2013, and instructed the parties to file “a stipulation or

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appropriate settlement documents dismissing the lawsuit with prejudice” if the Bankruptcy Court
approved the proposed settlement.
3.

The parties to the settlement thereafter finalized a Settlement Agreement and

submitted the Settlement Agreement to the Bankruptcy Court for approval. As part of the
Settlement Agreement, Chicago Boxed Beef agreed to the entry of a judgment against it in the
amount of $107,500.00.
4.

The Bankruptcy Court approved the Settlement Agreement on July 2, 2013.

Therefore, the Trustee now moves for the entry of a judgment in his favor and against Chicago
Boxed Beef in the amount of $107,500.00.
5.

Counsel for the Trustee has been in contact with counsel for Chicago Boxed Beef,

who has no objection to this Motion.
6.

A proposed Agreed Judgment Order is being submitted herewith.

WHEREFORE, for the reasons stated herein, the Trustee respectfully requests that this
Court enter a judgment in favor of Michael K. Desmond, not individually but solely in his
capacity as Chapter 7 Trustee of the bankruptcy estate of Moo & Oink, Inc., and against
Chicago Boxed Beef Distributors, Inc., in the amount of $107,500.00, and granting such further
relief as may be just under the circumstances.

Respectfully Submitted,
MICHAEL K. DESMOND, not individually but
solely in his capacity as Chapter 7 Trustee of the
bankruptcy estate of Moo & Oink, Inc.
By:

____/s/ Jeff D. Harris___________

Jeff D. Harris (# 3121786)
Michael K. Desmond (# 6208809)
Michael T. Graham (# 6280124)
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FIGLIULO & SILVERMAN, P.C.
10 South LaSalle Street, Suite 3600
Chicago, IL 60603
[phone]
[phone] / fax
[e-mail]
[e-mail]
[e-mail]

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CERTIFICATE OF SERVICE
I hereby certify that I caused to be served the foregoing MOTION FOR ENTRY OF AGREED
JUDGMENT AGAINST CHICAGO BOXED BEEF DISTRIBUTORS, INC. upon counsel
listed below by filing the document electronically through the Court’s ECF system and upon the
individuals named below by depositing the same in the United States mailbox, proper postage
prepaid at 10 South LaSalle Street, Chicago, Illinois 60603, on August 8, 2013 before the hour of
5:00 p.m.
/s/ Jeff D. Harris

Electronic Mail Notice List
The following are those who are currently on the list to receive e-mail notices for this case.
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Michael Raymond Collins
[e-mail],[e-mail]
Michael K. Desmond
[e-mail]
Michael Thomas Graham
[e-mail]
Jeff Douglas Harris
[e-mail]
William T. McGrath
[e-mail]
Arthur P. Sanderman
[e-mail]

Manual Notice List
Via U.S. Mail

Via U.S. Mail

Sean Connolly
4 N 258 Mark Twain Street
St. Charles, IL 60175

Sean Connolly
58 W. 9th Street
Atlantic Beach, FL 32233

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