Builders Bank v. BNY Mellon, N.A.

Filing 34

MOTION by Defendant BNY Mellon, N.A. for judgment [Motion For Entry Of Judgment Resolving All Claims] (Attachments: # 1 Exhibit A)(Pille, Ann)

EXHIBIT A

1/24/08 3:50 PM

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
BUILDERS BANK,
Plaintiff/Counter- Defendant,
v.

Case No. 12-cv-200
Honorable Harry D. Leinenweber

THE BANK OF NEW YORK MELLON,
Defendant/CounterPlaintiff.
THE BANK OF NEW YORK MELLON
Cross-Plaintiff,
v.
NEWLAND GROUP, LLC, RB GROUP
DEVELOPMENT,
INC,
and
J.M.C.
CONTRACTING CORP.
Cross-Defendants.

JUDGMENT ORDER RESOLVING ALL CLAIMS
This matter coming to be heard on the Motion for Entry of Judgment Resolving All
Claims (the “Motion for Judgment”) and the Motion for Default and for Judgment Against
Newland Group, LLC, RB Group Development, Inc., and J.M.C. Contracting Corp. (the “Default
Motion” and, together with the Motion for Judgment, the “Motions”); due and proper notice of
the Motions having been given, and this Court being fully advised in the premises;
IT IS HEREBY ORDERED THAT:
1.

Default is entered against Cross-Defendants Newland Group, LLC, RB Group

Development, Inc., and J.M.C. Contracting Corp. (collectively, the “Cross-Defendants”) on all

US_ACTIVE-110622057.2-AEPILLEUS_ACTIVE-111836703.1-AEPILLE 02/05/2013 6:53 PM

claims alleged against them by The Bank of New York Mellon (“BNY”) as a result of their
failure to answer or otherwise file any responsive pleading in this proceeding.
2.

Judgment is entered in favor of BNY, and against Newland and RBGD on Count I

of the Amended Answer, Affirmative Defenses, Counterclaim and Crossclaim of Interpleader by
BNY Mellon, N.A. (the “Amended Answer and Counterclaims”), and any right, claim or interest
that Newland and/or RBGD may have had against BNY arising from, or related to, the Policy,
the Proceeds and/or the Disputed Funds, as those terms are defined in the Default Motion, is
hereby extinguished and of no further force and effect.
3.

Judgment is entered in favor of BNY, and against the Cross-Defendants and

Builders, on all counts included in Count II of the Amended Answer and Counterclaims, and any
right, claim or interest that Cross-Defendants may have had against BNY arising from, or related
to, the Third Check, as that term is defined in the Default Motion, is hereby extinguished and of
no futher force and effect.
4.

The Clerk of Court (the “Clerk”) is directed to release the Disputed Funds, as that

term is defined in the Order Granting Motion to Interplead Funds, entered in the above-captioned
proceeding on May 10, 2012, together with all accrued interest thereon, if any, to Builders Bank
(“Builders”) within ten business days of the entry of this order.
5.

On the eleventh business day following entry of this order, all claims asserted by

Builders against BNY in the above-captioned proceeding shall be dismissed with prejudice,
provided, however, that if the Clerk fails to release the Disputed Funds to Builders within ten
business days following entry of this judgment order, Builders shall be permitted to file an
affidavit with this Court verifying the non-release of the Disputed Funds and requesting that this
proceeding remain pending until the Disputed Funds are released to Builders.

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6.

The Disputed Funds constitute the exclusive source of recovery for Builders on

the claims alleged against BNY in the above-captioned proceeding, and all claims and/or alleged
right to recover amounts in excess of the Disputed Funds are waived by Builders.

ENTERED:

Honorable Harry D. Leinenweber

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