Wilson v. Baptiste et al

Filing 289

MOTION by Plaintiff Trimaine Wilson for judgment PLAINTIFFS MOTION FOR ENTRY OF CONDITIONAL JUDGMENT AND FOR RULE TO SHOW CAUSE (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Regenscheit, Daniel)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
TRIMAINE WILSON,
Plaintiff,
v.
SANDRA BAPTISTE, OSHAY RIFE, and
CITY OF HARVEY, ILLINOIS,
Defendants.

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Case No. 13 C 7845
Judge Manish S. Shah

PLAINTIFF’S MOTION FOR ENTRY OF CONDITIONAL JUDGMENT
AND FOR RULE TO SHOW CAUSE
Plaintiff, Trimaine Wilson, by and through his attorneys, Irene K. Dymkar, Torreya L.
Hamilton, and Daniel H. Regenscheit, hereby moves this Court to issue a conditional judgment
in the amount of $399,169.00 against CITY OF HARVEY, Illinois, for failure to respond to an
outstanding Wage Dedution Notice and setting a Return On Rule To Show Cause to convert the
conditional judgment into a final judgment. In support of his motion, plaintiff states:
1.

This action was brought pursuant to 42 U.S.C. § 1983 to redress deprivations of

the civil rights of plaintiff through the acts and/or omissions of defendants committed under color
of law.
2.

On October 6, 2016, this Court entered a judgment in the amount of $85,000.00 in

favor of plaintiff and against defendants. Doc. 243. That balance has been paid.
3.

On July 13, 2017, this Court entered a judgment for attorneys’ fees in the amount

of $399,169.00 in favor of plaintiff and against defendants. Doc. 286. The balance remains
unpaid.

4.

Plaintiff issued a Wage Deduction Summons and garnishment pursuant to 735

ILCS 5/12-801 et seq., on the City of Harvey, Illinois, a true and accurate copy of which is
attached hereto as Exhibit A (including the Wage Deduction Affidavit, Wage Deduction
Summons, Wage Deduction Notice, and Wage Deduction Interrogatories).
5.

The wage garnishment was served on Cheryl Anders, Deputy Clerk for the City of

Harvey on October 12, 2017. A true and accurate copy of the Affidavit of Process Server is
attached hereto as Exhibit B. The response to the wage deduction was due by November 9, 2017.
6.

To date, the City of Harvey has failed to file the outstanding wage interrogatories

with the Clerk of Court as required.
7.

Accordingly, pursuant to 735 ILCS 5/12-807(a), plaintiff respectfully requests that

this Court enter a conditional judgment against Employer City of Harvey in favor of plaintiff in
the amount of $399,169.00. Plaintiff further requests that this Court enter an Order directing
City of Harvey to appear by and through its Comptroller, Louis Williams, or any other designated
representative, and show cause why it should not be held in contempt not less than 21 nor more
than 30 days after the issuance of the Order For Rule To Show Cause, in accordance with 735
ILCS 5/12-807(a). Further, plaintiff requests that in the event that the City of Harvey fails to
appear and show cause why it should not be held in contempt, that this Court enter a final
judgment in favor of plaintiff and against City of Harvey, in the amount of $399,169.00, plus
plaintiff’s reasonable attorneys’ fees and expenses in accordance with 735 ILCS 5/12-807.
WHEREFORE, plaintiff respectfully requests that this Court enter a conditional judgment
against Employer City of Harvey in favor of plaintiff in the amount of $399,169.00 Plaintiff
further requests that this Court enter an Order directing City of Harvey to appear by and through
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its Comptroller, Louis Williams, or any other designated representative, and show cause not less
than 21 nor more than 30 days after the issuance of the Order, in accordance with 735 ILCS 5/12807(a). Further, plaintiff requests that if the City of Harvey fails to appear and show cause that
this Court enter a final judgment in favor of plaintiff and against City of Harvey, in the amount of
$399,169.00, plus plaintiff’s reasonable attorneys’ fees and expenses in accordance with 735
ILCS 5/12-807.

Dated: December 1, 2017

/s/

Irene K. Dymkar
Irene K. Dymkar

Plaintiff’s Attorneys:
Irene K. Dymkar
Shamoyita M. DasGupta
Daniel H. Regenscheit
Law Offices of Irene K. Dymkar
53 W. Jackson, Suite 733
Chicago, IL 60604
312-345-0123

Torreya L. Hamilton
Kevin T. Turkcan
Hamilton Law Office, LLC
53 W. Jackson, Suite 452
Chicago, IL 60604
312-726-3173

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