Freeborn & Peters LLP v. State of Illinois Department of Revenue et al

Filing 40

MOTION by Plaintiff Freeborn & Peters LLP for judgment AGREED Motion for Entry of a Final Judgment Order (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Sheahan, Terrence)

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINpIS
EASTERN DIVISION
FREEBORN &PETERS LLP,
Plaintiff,
Case No: 13-CV-00163

v.
STATE OF ILLINOIS, DEPARTMENT OF
REVENUE; BRIAN HAMER,in his official
Capacity as the Director of the Illinois Department
of Revenue; UNITED STATES OF AMERICA,
INTERNAL REVENUE SERVICE;
and JERLENE L. BICKART, an individual,

Honorable Virginia M. Kendall

Defendants.
AGREED MOTION FOR ENTRY
OF A FINAL JUDGMENT ORDER
"Plaintiff'), and hereby brings its
NOW COMES Plaintiff, Freeborn &Peters LLP(
Agreed Motion for Entry of a Final Judgment In support of this Motion, Plaintiff states as
follows:
1.

Plaintiff filed this Interpleader action on January 9, 2013. Plaintiff is seeking an

order from the Court determining which of the defendants is entitled to (i) certain funds currently
held in a certain employee Retirement Plan account set up for employees of Plaintiff's law firm;
and (ii) certain salary withholdings held by Plaintiff pursuant to state and federal tax levies.
Plaintiff is also seeking an injunction against Defendants which would enjoin those Defendants
from instituting any action against Freeborn &Peters and the Freeborn &Peters Retirement Plan
regarding the distribution of the funds to the rightful party.

10231099.1

2.

On March 11, 2013, this Court took jurisdiction over this matter (see Dkt. # 16)

and upon an agreement of the parties, dismissed Defendant STATE OF ILLINOIS,
DEPARTMENT OF REVENUE and BRIAN HAMER,from this case. (See Dkt. # 17.)
3.

The following two Defendants remained in the case: United States of America,

Internal Revenue Service(
"IRS")and Jerlene L. Bickart.
4.

Upon a Motion for Default Judgment filed by the United States (see Dkt. # 34),

on May 13, 2013 the Court entered judgment against Jerlene Bickart and ordered that she shall
take nothing from the interpled funds.(See Dkt. # 38.)
5.

Thus, the only remaining Defendant with any recognizable interest in the funds in

dispute is the United States. Given that there are no longer any competing claims among and
between the Defendants to this action, the Court should enter a final judgment in this case
ordering Plaintiff to liquidate Ms. Bickart's retirement account and turn over the proceeds of the
retirement account —and the salary withholding discussed in the Complaint — to the United
States pursuant to its levy.
6.

Accordingly, the remaining parties request that the Court enter the attached Final

Judgment Order. (See Exhibit A,Final Judgment Order.)
7.

Finally, the undersigned counsel has spoken to Karen Smith, counsel of record far

the United States on this case, and she agrees to entry of the attached Final Judgment Order.
(See Exhibit B, Email from Karen Smith.)
WHEREFORE,Plaintiff requests that this Court:
(A)

enter the attached Final Judgment Order;

(B)

dismiss this case with prejudice;

(C)

grant any other relief this Court deems just.

2
10231099.1

FREEBORN &PETERS LLP

By:

/s/ Terrence J. Sheahan
One of Its Attorneys

Plaintiff

for

Attorneys

Terrence J. Sheahan
Matthew R. Campobasso
FREEBORN &PETERS LLP
311 South Wacker Drive, Suite 3000
Chicago, Illinois 60606
312.360.6000 — telephone
312.360.6570 — facsimile

Dated: July 16, 2013
2900316v1/09803-0001

10231099.1

CERTIFICATE OF SERVICE
I, Terrence J. Sheahan, an attorney, certify under the penalties as provided by 735 ILCS
5/1-109 that on this 16th st day of July, 2013, I served a copy ofthis Notice of Motion along with
the referenced materials on all parties listed, via the United States District Court, Northern
District of Illinois, Eastern Division, ECF filing system and via U.S. Mail, postage prepaid from
311 S. Wacker Drive, Suite 3000, Chicago, Illinois 60606 before the hour of 5 p.m.
Illinois Attorney General's Office
Assistant Attorney General Faith Dolgin,
100 W. Randolph St., 13th Floor
Chicago, IL 60601
United States Attorney's Office
Civil Division
219 S. Dearborn #500
Chicago, Illinois 60604
Jerlene Bickart
1475 Forest Avenue
Calumet City, IL 60409
Dated: July 16, 2013
By: /s/ Terrence J. Sheahan
2900361v1/09803-0001