MAC Funding Corporation v. Cox

Filing 21

MOTION by Plaintiff MAC Funding Corporation to reopen case / reinstate case, MOTION by Plaintiff MAC Funding Corporation for judgment (Krammer, Rein)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

MAC FUNDING CORPORATION,
a Delaware corporation,
Plaintiff,
v.
SHERYL ANN COX d/b/a
COX MACHINE & TOOL,
an Oklahoma citizen,
Defendant.

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Case No. 16-cv-02490
Judge Edmond E. Chang
Magistrate Judge Michael T. Mason

MOTION TO REINSTATE AND TO ENTER JUDGMENT
Plaintiff, MAC FUNDING CORPORATION (“MAC”), by and through its attorneys, Rein
F. Krammer of Masuda, Funai, Eifert & Mitchell, Ltd., hereby moves to reinstate this cause and to
enter judgment pursuant to the Agreed Order entered into in this cause, and provides as follows:

1.

On or about May 18, 2016, this Court entered an Agreed Order of Dismissal [Dkt.

No. 20 (the "Agreed Order"). The Court retained jurisdiction under the Agreed Order to enforce
the terms of the Agreed Order and the Settlement Agreement (as defined therein). [Dkt. No. 20,
Para. 4].

2.

Pursuant to the terms of the subject Agreed Order, Defendant, SHERYL ANN

COX d/b/a COX MACHINE & TOOL (“Cox”) was to make monthly installment payments to
plaintiff MAC pursuant to the payment provisions contained within paragraph 1 of the Agreed
Order.

3.

However, contrary to the provisions of paragraph 1 of the Agreed Order,

Defendant, Cox has failed to make the required installment payments. Past due and owing under
the Agreed Order are the monthly installments from September 15, 2016 through September 15,
2017. In addition, Cox has failed to provide the required proof of insurance on the Subject
Equipment or to return possession of the Subject Equipment to MAC.

4.

As a result of such failures, MAC issued to Cox demand letters, pursuant to the

Agreed Order, requesting a cure of the defaults. (See Exhibit “A”).

5.

Despite the issuance of the foregoing demand letters, Cox has failed to cure such

defaults or breaches.

6.

As a result of the failure to cure, MAC is causing to be filed herewith the

Declaration of Ms. Victoria Morales, Credit Analyst of MAC (See Exhibit “B”), setting forth the
fact of such defaults or breaches, and the remaining balance due and owing from Cox.

7.

Pursuant to the provisions of paragraph 2 of the Agreed Order, as a result of such

breaches, and the filing of the aforementioned Declaration, MAC is entitled to judgment against
Cox, for the amounts and relief set forth in the proposed Judgment Order, a copy of which is
attached hereto as Exhibit “C.”

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WHEREFORE, Plaintiff MAC FUNDING CORPORATION prays for judgment against
Defendant, SHERYL ANN COX d/b/a COX MACHINE & TOOL as set forth in the proposed
Judgment Order attached hereto as Exhibit “C,” and for other relief as may be just and fair.

Dated: September 19, 2017
MAC FUNDING CORPORATION

By:

Rein F. Krammer, Esq.
MASUDA, FUNAI, EIFERT & MITCHELL, LTD.
Attorney for Plaintiff
203 N. LaSalle Street, Suite 2500
Chicago, Illinois 60601-1262
[phone]
[phone]
RFK:cmp
N:\SYS08\6309\Lit\10198 Motion to Reinstate and to Enter Judgment Final.docx

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/s/ Rein F. Krammer
One of its Attorneys

EXHIBIT “A”

EXHIBIT “B”

EXHIBIT “C”

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

MAC FUNDING CORPORATION,
a Delaware corporation,
Plaintiff,
v.
SHERYL ANN COX d/b/a
COX MACHINE & TOOL,
an Oklahoma citizen,
Defendant.

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)
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)
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)
)
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)

Case No. 16-cv-02490
Judge Edmond E. Chang
Magistrate Judge Michael T. Mason

JUDGMENT ORDER

This cause comes to be heard upon the Motion of Plaintiff, MAC FUNDING
CORPORATION (“MAC”), to reinstate and to enter judgment and the declaration in support of
Ms. Victoria Morales, due notice having been given; and the Court finding that Defendant,
SHERYL ANN COX d/b/a COX MACHINE & TOOL (“Cox”) has failed to comply with, and is
in breach and default under the provisions of the Agreed Order of Dismissal entered in this cause
on May 18, 2016 (the “Agreed Order”), and that Cox has failed to cure such breach and default
after being given notice and an opportunity to cure, as provided in such Agreed Order;

IT IS HEREBY ORDERED AS FOLLOWS:
1.

This matter is hereby reinstated; and judgment is hereby entered in favor of plaintiff

and against SHERYL ANN COX d/b/a COX MACHINE TOOL, in the amount of $145,510.18.

2.

Defendant SHERYL ANN COX d/b/a COX MACHINE TOOL and her agents

shall immediately turn over to plaintiff the Mitsubishi Water Jet System, Model MWX3-612, and
the other items of equipment that are the subject of the Finance Agreement (the "MAC
Equipment") and reasonably cooperate with Plaintiff and its agents in allowing Plaintiff to
repossess the MAC Equipment. See Exhibit “1” attached hereto for a detailed description of the
MAC Equipment.

3.

The U.S. Marshall or any County Sheriff or other appropriate government official

are authorized and directed to enter the premises of SHERYL ANN COX d/b/a COX MACHINE
TOOL, including, but not limited to, Cox’s facility at 5301 SW 25th Street, Oklahoma City,
Oklahoma 73128, confiscate, and take possession of the subject MAC Equipment, and turn such
MAC Equipment over to the possession of the Plaintiff.
ENTER:

Judge Edmond E. Chang of the U.S. District
Court

Dated
Rein F. Krammer, Esq.
MASUDA, FUNAI, EIFERT & MITCHELL, LTD.
Attorney for Plaintiff
203 N. LaSalle Street, Suite 2500
Chicago, Illinois 60601-1262
[phone]
[phone]
N:\SYS08\6309\Lit\10198 Judgment Order Final.docx

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EXHIBIT “1”

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
MAC FUNDING CORPORATION,
Plaintiff,
v.
SHERYL ANN COX d/b/a
COX MACHINE & TOOL,
Defendants.

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Case No. 16-cv-02490
Judge Edmond E. Chang
Magistrate Judge Michael T. Mason

CERTIFICATE OF SERVICE
I, Rein F. Krammer, do hereby state that I caused a copy of the NOTICE OF MOTION and
MOTION TO REINSTATE AND TO ENTER JUDGMENT to be served upon Sheryl Ann Cox
d/b/a Cox Machine & Tool, 5301 S.W. 25th Street, Oklahoma City, Oklahoma 73128 via Federal
Express, U.S. Mail and email transmission on the 19th day of September, 2017.

/s/ Rein F. Krammer

Rein F. Krammer, Esq.
MASUDA, FUNAI, EIFERT & MITCHELL, LTD.
203 North LaSalle Street, Suite 2500
Chicago, Illinois 60601-1262
[phone]

N:\SYS23\6309 MAC Funding\10198\Cert of Service.docx