RehabCare Group East, Inc. d/b/a RehabCare v. CC Care, LLC d/b/a Community Care Center et al

Filing 75

MOTION by Plaintiff RehabCare Group East, Inc. for judgment against SH Care, LLC d/b/a Sycamore Healthcare (Attachments: # 1 Text of Proposed Order)(Martin, Phillip)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION REHABCARE GROUP EAST, INC. d/b/a REHABCARE PLAINTIFF v. CC CARE, LLC d/b/a COMMUNITY CARE CENTER, et al. DEFENDANTS ) ) ) ) ) ) ) ) ) ) ) Case No. 15-cv-10876 Magistrate Judge Schenkier MOTION FOR ENTRY OF JUDGMENT Plaintiff, RehabCare Group East, Inc. d/b/a RehabCare (“RehabCare”), moves the Court for entry of Judgment against SH Care, LLC d/b/a Sycamore Healthcare (“Sycamore”) in conformance with the Court’s Order on Plaintiff’s Motion for Summary Judgment (DN 66). The Court previously ruled that RehabCare was entitled to damages against Sycamore in the principal amount of $293,558.95, plus interest through May 19, 2017 in the amount of $112,337.43, plus interest thereafter at the per diem rate of $144.83 until entry of a final Judgment.1 See Order, DN 66. Entry of a final Judgment was delayed pending a trial on damages as to certain other Defendants. See id. Those Defendants have now sought bankruptcy protection,2 and there is thus no reason for further delay, and RehabCare is entitled to Judgment against Sycamore. See FED. R. CIV. P. 54. A proposed Judgment is attached. 1 There are 171 days between May 19, 2017 and November 6, 2017, thus the interest due to RehabCare has grown to $137,972.34. 2 RehabCare does not seek any relief against the entities that filed bankruptcy in conformance with the automatic stay. Dated: November 7, 2017 Respectfully submitted, LATIMER LEVAY FYOCK, LLC FULTZ MADDOX DICKENS PLC Phillip A. Martin Laura M. Brymer Richard Saldinger 55 W Monroe St., Ste. 1100 Chicago, Illinois 60603 Telephone: (312) 667-1359 Facsimile: (312) 422-8001 /s/ Phillip A. Martin 101 S. Fifth St., 27th Floor Louisville, Kentucky 40202 Telephone: (502) 588-2000 Facsimile: (502) 588-2020 Counsel for Plaintiff CERTIFICATE OF SERVICE I certify that a copy of the foregoing was served in compliance with the Court’s ECF Guidelines on November 7, 2017 upon: David K. Welch, John H. Redfield, Brian P. Welch, Crane, Heyman, Simon, Welch & Clar, 135 S. LaSalle, #3705, Chicago, IL 60603. /s/ Phillip A. Martin Counsel for Plaintiff {01693828} 2

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