Allan v. Americorp Xpress Carriers, Inc. et al

Filing 54

MOTION by Plaintiff Omar Allan for judgment entry (Olson, Roy)

UNITED STATES DISTRICT COURT
FOR THE Northern District of Illinois-Eastern Division-CM/ECF LIVE
OMAR ALLAN,

)
Plaintiff
)
)
)
v.
)
)
LIONEL GONZALEZ, individually )
and as agent and employee of
)
AMERICORP XPRESS CARRIERS, )
AMERICORP XPRESS CARRIERS )
Defendants
)

Case No.: 1:13-cv-3071

MOTION FOR ENTRY OF JUDGMENT PURSUANT TO 735 ILCS 5/2-2301
Now comes the plaintiff, Omar Allan, by and through his counsel, Roy Olson, and
moves this Honorable Court for the entry of an order of judgment, pursuant to 735 ILCS

5/2-2301, and compelling the defendant to tender settlement proceeds plus accrued
interest. In support thereof, plaintiff states as follows:
1)

On April 24, 2013, the plaintiff filed this action. This matter proceeded to the
stage where the parties were preparing for trial.

2)

On May 16 th , 2014, the parties agreed to a settlement of this matter. The defendant
agreed to pay the plaintiff $225,000.00 in final settlement of this matter. Shortly
thereafter, the defendant provided release documents for the plaintiff to sign.

3)

On May 21 st, 2014, the plaintiff returned, via documented e-mail, the signed
release agreement, and instructed the defendant that the settlement draft should be
payable to the plaintiff and his counsel only inasmuch as any potential lienholders
would be satisfied or funds would be sequestered for such in plaintiff’s client fund
account.

4)

Plaintiff’s counsel has made numerous requests that defendant provide plaintiff
with the settlement proceeds and, to date, defendant has either failed or refused to
provide the settlement proceeds. As of June 22 nd , 2014, well over 30 days after the

parties agreed to settle this matter, and over 30 days after the plaintiff tendered a
signed release agreement, the defendant still refuses to pay the agreed-upon
settlement amount.
5)

Pursuant to 735 ILCS 5/2-2301, the defendant is required to provide the agreedupon settlement amount within 30 days of the date on which plaintiff tendered the
release agreement, but has refused to do so. Accordingly, judgment shall be
entered against the defendant in the agreed-upon amount, and interest must be
taxed against the defendant, at the rate of 9% per annum, as of May 21 st, 2014.

6)

That this Court still has jurisdiction over the parties to this action, and is to apply
Illinois law in this diversity action.

7)

Accordingly, the plaintiff is entitled to a judgment entered on his behalf, and
against the defendant for the amount of $225,000.00 plus $1,687.50 interest as of
June 23 rd , 2014.

Accordingly, Plaintiff respectfully requests the entry of an order consistent with the
foregoing, judgment in his favor, and against the defendant in the amount of $225,000.00
plus accrued interest until the date the defendant tenders the settlement amount (plus
interest), and any other relief deemed just and equitable under the circumstances.

_____S/Roy Olson__________
Roy Olson Attorney for plaintiff

Roy Olson
Attorney for plaintiff Omar Allan
19642 Brookfield Circle
Tinley Park, IL 60487
312-268-5411