First American Bank v. Cardinal Resources, LLC et al

Filing 89

MOTION by Plaintiff First American Bank for judgment CONFESSION OF (Belongia, Mark)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
FIRST AMERICAN BANK, an Illinois
Banking institution,
Plaintiff,
vs.
CARDINAL RESOURCES, LLC, KEVIN
R. JONES, BARBARA H. JONES, and
CAROL J. MCKEE,
Defendants.

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No. 13 C 3317
Judge Iain D. Johnston

PLAINTIFF FIRST AMERICAN BANK’S
MOTION FOR CONFESSION OF JUDGMENT
Plaintiff First American Bank, by its counsel Duane Morris LLP, moves this Court to
enter a Confession of Judgment against all Defendants for Cardinal’s Breach of the Settlement
Agreement and in support thereof states as follows:
ARGUMENT
As this Court is aware, Plaintiff attended a settlement conference before this Court, which
was requested by Defendants, and the parties reached a settlement successfully mediated by this
Court. The material terms of the settlement were recited into the record, which is under seal. A
copy of the transcript which details the terms of the settlement is being tendered to the court
under separate cover as those terms remain under seal and until further order of court.
Thereafter, the parties reduced the oral settlement into writing but Defendants refused to execute
the written agreement.
Defendants have failed to perform under the settlement agreement, refusing to make any
settlement payments required under the agreement. Nearly two months have passed since the

parties agreed to terms; the due dates for multiple agreed-to payments have passed. Defendants
avoided a trial by requesting a settlement conference, settled the case, and then refused to sign
the settlement agreement and make payments.
On December 11, 2014, the parties attended a telephonic hearing with court regarding the
Defendants’ failure to sign the settlement agreement and make the first two required payments.
During this hearing, Defendants’ counsel attempted to propose new terms for settlement which
are unacceptable. As this Court noted, the case is settled and the terms were already agreed upon
by the parties. Defendants have breached the settlement agreement. Therefore, Plaintiff seeks to
enforce the settlement agreement by way of the remedy agreed upon by the parties, which is a
confession of judgment. The requisite affidavit to support the confession of judgment is also
being tendered to the Court under separate cover.
CONCLUSION
For the above reasons, Plaintiff respectfully requests that this Court enter a Confession of
Judgment against all Defendants joint and severally.

Respectfully submitted,
FIRST AMERICAN BANK
By: /s/ Mark D. Belongia
Mark D. Belongia
Mark D. Belongia (#6269391)
Brian L. Dougherty (#6292726)
Duane Morris, LLP
190 South LaSalle Street, Suite 3700
Chicago, Illinois 60603
312-499-6700
[e-mail]
[e-mail]

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