Marks v. Worldwide Robotic Automated Parking, LLC et al

Filing 86

MOTION by Plaintiff John Marks for judgment Plaintiff's Motion for Entry of Consent Judgment (Schoaf, Maureen)

Case: 1:16-cv-08656 Document #: 86 Filed: 12/12/18 Page 1 of 4 PageID #:725

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
JOHN MARKS, an individual,

)
)
Plaintiff,
)
)
v.
)
)
WORLDWIDE ROBOTIC AUTOMATED )
PARKING, LLC, and DONALD JAGODA, )
)
Defendants.
)
)

Case No. 16-CV-8656
Hon. Robert Dow Jr.
Magistrate Judge Young B. Kim

PLAINTIFF’S MOTION FOR ENTRY OF CONSENT JUDGMENT
Plaintiff John Marks moves for entry of a consent judgment in favor of Plaintiff and
against Defendants in the sum of $391,000. In support of his Motion, Plaintiff states as follows:
1.

In March 2018, after participating in a settlement conference with Magistrate

Judge Young Kim, the parties executed a settlement agreement (“Settlement Agreement”) to
resolve the issues raised in Plaintiff’s Complaint.
2.

Pursuant to the parties’ Settlement Agreement, in the event that Defendants failed

to make any settlement payments required under the Settlement Agreement or otherwise
breached the Settlement Agreement, Defendants Worldwide Robotic Automated Parking, LLC
and Donald Jagoda agreed to entry of the Consent Judgment attached hereto as “Exhibit A.”
3.

On October 1, 2018, Defendants failed to make a settlement payment as required

by the parties’ Settlement Agreement.
4.

On December 4, 2018, Plaintiff, through his undersigned counsel, notified

Defendants’ counsel that Plaintiff intended to seek entry of the Consent Judgment.

Case: 1:16-cv-08656 Document #: 86 Filed: 12/12/18 Page 2 of 4 PageID #:726

WHEREFORE, Plaintiff John Marks respectfully requests that this Court enter the
Consent Judgment in the amount of $391,000 in the form attached hereto as Exhibit “A,” and
grant such other relief that this Court deems just and proper.
Respectfully submitted,
JOHN MARKS
By: /s/
Elias N. Matsakis
Maureen Browne Schoaf
Lisa M. Kpor
HOLLAND & KNIGHT LLP
131 S. Dearborn St., 30th Fl.
Chicago, IL 60603
Email: [e-mail]
Phone: [phone]

2

Maureen B. Schoaf
One of his attorneys

l

Case: 1:16-cv-08656 Document #: 86 Filed: 12/12/18 Page 3 of 4 PageID #:727

EXHIBIT A

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
JOHN MARKS, an individual,

)
)
Plaintiff,
)
)
v.
)
)
WORLDWIDE ROBOTIC AUTOMATED )
PARKING, LLC, and DONALD JAGODA, )
)
Defendants.
)
)

Case No. 16-CV-8656
Hon. Robert Dow Jr.
Magistrate Judge Young B. Kim

FINAL CONSENT JUDGMENT
Pursuant to a settlement agreement between Plaintiff, John Marks, (“Plaintiff”), on the
one hand, and Defendants, Donald Jagoda and Worldwide Robotic Automated Parking, LLC,
(collectively, “Defendants”), on the other hand, dated March 23, 2018, (the “Settlement
Agreement”), and upon due notice to the parties and the Court being fully advised on the
premises it is ADJUDGED that judgment is entered in favor of Plaintiff John Marks and against
Defendants Donald Jagoda and Worldwide Robotic Automated Parking, LLC in the sum of
$400,000.00 less amounts paid and received under the Settlement Agreement of $9,000.00. The
total judgment amount being $391,000.00. Jurisdiction of this case is retained to enforce the
Final Consent Judgment.
SO ORDERED.
Dated:

Robert M. Dow, Jr.
United States District Judge

Case: 1:16-cv-08656 Document #: 86 Filed: 12/12/18 Page 4 of 4 PageID #:728

CERTIFICATE OF SERVICE
The undersigned attorney certifies that on this 12th day of December 2018, she caused the
foregoing Plaintiff’s Motion for Entry of Consent Judgment to be filed with the Clerk of the
United States District Court for the Northern District by filing through the CM/ECF system, which
served a copy upon counsel of record.

/s/ Maureen B. Schoaf