Cooke v. Jackson National Life Insurance Company

Filing 110

MOTION by Plaintiff Norma L Cooke for judgment to be set out in separate document (Pollack, Steven)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
Ms. Norma L. Cooke,

)
)
Plaintiff,
)
)
v.
)
)
Jackson National Life Insurance Company
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(successor to Southwestern
)
Life Insurance Company and Reassure Ameri- )
ca Life Insurance Company),
)
)
Defendant.
)

Case No. 15-cv-00817
Hon. Ruben Castillo
Hon. Mary M. Rowland, Magistrate

PLAINTIFF’S RULE 58(d) MOTION FOR JUDGMENT TO BE SET OUT IN
SEPARATE DOCUMENT
Plaintiff, Ms. Norma L. Cooke, by her attorneys, Pollack Law Firm and Busse Busse and
Grasse’ P.C, request pursuant to Fed. R. Civ. P. 58(d) that judgment be set out in a separate
document as required by Rule 58(a), and respectfully states:
The judgment must be re-entered in a separate document because the judgment entered
March 20, 2017, (R. 60) was held by the Seventh Circuit to be insufficient for “lack[ing] vital
details” because it “bears only the names of the district court’s Clerk of Court and one Deputy
Clerk – though Fed. R. Civ. P. 58(b)(2)(B) provides that every judgment other than a simple one
on a jury verdict (or one fully in defendant’s favor) must be reviewed and approved by the judge
personally.” Cooke v. Jackson Nat’l Life Ins. Co., 882 F.3d 630, 631 (7th Cir. 2018).
Defendant satisfied the judgment for the Policy death benefit of $191,362.06 plus 10%
simple interest, by payment of $266,648.61 to Plaintiff on August 15, 2017.
The Court entered final judgment on November 19, 2018, awarding costs of $1,903.50
and attorneys’ fees of $42,835 plus interest compounded annually at the average annual prime

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rate. (R. 107.) The annual average prime rate for 2017 listed by the St. Louis Federal Reserve
was 4.10%. 1 Annual interest in 2017 on the $42,835 fee is $1,756.23, but pro-rated to $1,380.93
($1,756.23 * 287/365) for the partial year, making $44,215.93 the principle entering 2018.
There is, however, no annual average yet for 2018. (From January to March 2018 the rate
was 4.5%, from March to April 4.58%, from April to June 4.75%, from June to July 4.89%, from
July to August 5.0%, from August to September 5.03%, and from September to October 5.5%).
For simplicity sake, Plaintiff stipulates to an annual average prime rate for 2018 of 4.5% which
should prove slightly less than the final average. This amounts to annual interest on $44,215.93
of $1,989.72, but pro-rated to $1,755.31 ($1,989.72 * 323/365) for the partial year to date of
order, making $45,971.24 the entire award of attorneys’ fees plus interest compounded annually
at the annual average prime rate.
C. Conclusion
WHEREFORE, Plaintiff Norma L. Cooke prays this Court enter a separate document
setting out:
1.

Judgment is hereby entered in favor of plaintiff and against defendant in the amount of
$191,362.06, plus 10% per annum simple interest running from September 10, 2013,
(which Defendant satisfied in total by payment on August 15, 2017);

2.

court costs of $1,903.50; and

3.

attorneys’ fees of $42,835, plus interest compounded annually at the annual average of
the prime rate, from March 20, 2017 to November 19, 2018, or $45,971.24 total.
Respectfully submitted,
/s/ Steven B. Pollack
Steven B. Pollack, IL Bar No. 6290482

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https://fred.stlouisfed.org/series/MPRIME (must edit graph to show annual average rate)
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Pollack Law Firm
49 Sherwood Terrace, Suite 49-X
Lake Bluff, IL 60044
[e-mail]
Direct: [phone] Fax: [phone]
/s/ Jeffrey S. Marks
Jeffrey S. Marks, IL Bar No.6290132
Busse, Busse & Grassé, P.C.
20 North Wacker, Suite 3518
Chicago, IL 60606
[e-mail]
Direct: [phone] Fax: [phone]
Attorneys for Plaintiff Norma L. Cooke

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