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 ILLINOIS
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.
FINAL JUDGMENT ORDER
This matter coming before the Court on the Agreed Motion to Enter Final Judgment, due
notice being given, the parties being represented by counsel and the Court being advised on the
premises:
IT IS HEREBY ORDERED:
1.

Plaintiff filed this Interpleader action on January 9, 2013.

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,

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.)

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5.

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

that are the subject of this action is the United States. Given that there are no longer any
competing claims among and between the Defendants to this action, the Court hereby orders that,
within 30 days of entry of this order, Plaintiff take the necessary steps to liquidate any and all
funds that are currently in Ms. Bickart's retirement account with the Freeborn &Peters
Retirement Plan. Upon liquidation, Plaintiff must distribute all of the proceeds of that account,
and the salary withholding as defined in the Complaint, to the United States pursuant to the
outstanding federal tax levy issued with respect to Ms. Bickart's liabilities.
6.

Further, the Court grants an injunction in favor or Freeborn &Peters and against

the United States of America and Jerlene L. Bickart barring the United States and Jerlene L.
Bickart and her successors and assigns, from instituting any action against Freeborn &Peters, it
partners and employees and the Freeborn &Peters Retirement Plan (as defined in the Complaint)
including its trustees and any other of the Plan's fiduciaries, with respect to any funds paid over
pursuant to the levy served upon the salary withholdings or retirement fund of Defendant
Jerelene L. Bickart.
7.

Freeborn &Peters (and the Freeborn &Peters Retirement Plan as defined in the

Complaint including its trustees and any other of the Plan's fiduciaries), is hereby discharged of
all liability to the United States and Jerlene L. Bickart regarding any funds paid over pursuant to
the levy served by the Internal Revenue Service with respect to the federal tax liabilities of
Defendant Jerelene L. Bickart.

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This is a final judgment order and this case is hereby terminated.

C.Y~Z~777~1~~1~~

Honorable Virginia M. Kendall

2900317v1/09803-0001

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