Mepco Finance Corporation v. National Auto Services LLC et al

Filing 20

MOTION by Plaintiff Mepco Finance Corporation for judgment (Ryan, Brent)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
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MEPCO FINANCE CORPORATION,
Plaintiff,
v.
NATIONAL AUTO SERVICES, f/k/a and
d/b/a Executive Warranty, a New York
limited liability company; ISRAEL
GREENBAUM; and MOISHE NEWMAN,

Case No. 12-CV-2195
Honorable Elaine E. Bucklo

Defendants.
MOTION FOR ENTRY OF FINAL JUDGMENT ORDER
Plaintiff Mepco Finance Corporation (“Mepco”), through its attorneys, respectfully
moves this Court for entry of a final judgment order. In support of this Motion, Mepco states as
follows:
1.

This case involves Mepco’s claims against three defendants (National Auto

Services, f/k/a and d/b/a Executive Warrany; Israel Greenbaum; and Moishe Newman) for
breach of contract (Count I) and breach of an unconditional guaranty (Count II). As disucssed
below, all of Mepco’s claims in this case have been resolved either through judgment or
settlement. Accordingly, Mepco requests that the Court enter a final judgment order.
1.

On December 7, 2012, the Court approved Mepco’s Prove-Up Memorandum for

Default Judgment against Moishe Newman (“Newman”) on Count II of the Complaint. [Dkt.
17.]
2.

The Court also ruled that Mepco is entitled to its costs and attorney fees, pursuant

to the Unconditional Guaranties because it is the prevailing party.

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3.

Therefore, the Court entered default judgment in favor of Mepco and against

Newman on Count II in the amount of $100,395.95.
4.

On January 25, 2013, in open court, the Court approved Mepco’s Prove-Up

Memorandum for Default Judgment against National Auto Services f/k/a and d/b/a Executive
Warranty (“Executive Warranty”) on Count I of the Complaint.
5.

The Court ruled that Mepco is entitled to its costs and attorney fees, pursuant to

the Dealer Agreement because it is the prevailing party.
6.

Therefore, the Court entered default judgment in favor of Mepco and against

Executive Warranty on Count I in the amount of $94,923.99.
7.

Pursuant to Fed. R. Civ. P. 41(a)(1)(a), Mepco hereby provides the Court with

Notice of Voluntary Dismissal with Prejudice Pursuant to Settlement of Count II against Israel
Greenbaum, with each party to bear its own fees and costs.
8.

Pursuant to Fed. R. Civ. P. 41(a)(1)(a), Mepco hereby provides the Court with

Notice of Voluntary Dismissal of Count III of the Complaint, with each party to bear its own fees
and costs.
WHEREFORE, Mepco respectfully requests that the Court enter an order of final
judgment and close and terminate this case. Mepco will submit a proposed order of final
judgment to the Court pursuant to the Court’s case management procedures.
Respectfully submitted,
MEPCO FINANCE CORPORATION

By:

/s/ Brent M. Ryan
One of Its Attorneys

Brion B. Doyle
VARNUM
P.O. Box 352
2

Grand Rapids, MI 49501-0352
[phone]
Michael J. Grant
Brent M. Ryan
TABET DIVITO & ROTHSTEIN LLC
The Rookery Building
209 South LaSalle Street, 7th Floor
Chicago, IL 60604
[phone]

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