Citibank, N.A. v. Interface Protein Technology Inc. et al

Filing 41

MOTION by Plaintiff Citibank, N.A. for judgment - Joint Motion for Entry of Consent Judgment Solely Against Defendant Interface Protein Technology Inc. (Attachments: # 1 Exhibit A - Proposed Consent Judgment)(Kelly, Cheryl)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
CITIBANK, N.A., a national banking association,
Plaintiff,
Case No. i : i 7-cv-00207
vs.

INTERFACE PROTEIN TECHNOLOGY INC., an
Illinois corporation,
and

CHARLES XIAO QING HAN (also known as
CHARLES X. HAN, CHARLES HAN, CHARLES
XIAO-QING HAN, CHARLES XIAOQING HAN,
XIAO QING CHARLES HAN, XIAOQJNG HAN,
XIAO-QING HAN and HAN XIAOQING), an
individual,
and

MINDY MINGXIA LIU (also known as MINDY M.
LIU, MINGXIA MINDY LIU, MINGXIA LIU, and
M1NG-XIA LIU), an individual,
Defendants.

JOINT MOTION FOR ENTRY OF CONSENT JUDGMENT
IN FAVOR OF PLAINTIFF AND SOLELY AGAINST
DEFENDANT INTERFACE PROTEIN TECHNOLOGY INC.
Plaintiff Citibank, N.A. and Defendant Interface Protein Technology Inc. jointly move
for the entry of a Consent Judgment, and in support thereof state as follows:

On January 11, 2017, Plaintiff filed its Complaint (the "Complaint") including a
Count for breach of Note and Loan Agreement against Defendant Interface Protein Technology
Inc., and a Count for breach of Guarantee against each of Defendant Charles Xiao Qing Han and
Mindy Mingxia Liu relating to the Loan more particularly described in the Complaint.

2.

Defendants filed their Answer and Defenses to the Complaint on March 7. 2017

reflecting little at issue between the parties respecting the Loan described in the Complaint.
3.

On July 5, 2017, during a status hearing before the Court, counsel for Defendants

informed Plaintiff and the Court that Defendants wish to resolve this proceeding and their
respective obligations on the Loan and Loan Documents described in the Complaint by entry of a
Consent Judgment.
4.

On July 16, 2017 (the "Petition Date"), Defendants Charles Xiaoqing Han

("Han") and Mindy Mingxia Liu ("Liu") filed a voluntary petition for relief under Chapter 7 of

Title i i of the United States Code (the "Bankruptcy Code"), in the United States Bankruptcy
Court for the Northern District of Illinois (Chicago) (the "Bankruptcy Court"), commencing a
case designated as In re Charles Xiaoqing Han and Mindy Mingxia Liu, Case No. 17-21154 (the
"Bankruptcy Case")
5.

In accordance with the provisions of i i U.S.C. 362(a), any and all further

proceedings in this action are stayed with respect to Mr. Han and Ms. Liu.
6.

The parties have agreed to the entry of a Consent Judgment with respect to the

Loan, the Note and the Loan Agreement described in the Complaint in favor of Plaintiff and

solely against Defendant Interface Protein Technology Inc. in the form attached hereto as

Exhibit A.

A separate copy of this Consent Judgment is being submitted to the Court

concurrently with the filing of this Motion at [e-mail] in
compliance with the Court's standing order.

For these reasons, Plaintiff Citibank, N.A. and Defendant Interface Protein Technology

respectfully request that this Court enter the proposed Consent Judgment attached hereto as
Exhibit A.

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Dated: August 3, 2017
Consented to and prepared by:

Seen and agreed to:

On behalf of Plaintiff, Citibank, N.A.

On behalf of Defendant Interface Protein
Technology, Inc.

By: /s/CherylA. Kelly

By: /s/ Michael C. Whitticar

Michael C. Whitticar
NOVA IP Law, PLLC
7001 Heritage Village Plaza, Suite 205
Gainesville, VA 20155
Phone: [phone]
Fax: [phone]
E-Mail : [e-mail];

Todd A. Rowden (ARDC #620 1929)
Cheryl A. Kelly (ARDC #6203 101)
Audrey D. Mense (ARDC #63 02524)
Thompson Coburn LLP
55 E. Monroe Street
Chicago, IL 60603
Ph: 312-346-7500
[e-mail]
[e-mail]
[e-mail]

novaiplawgmail .com

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CERTIFICATE OF SERVICE
The undersigned certifies that on August 3, 20 1 7, a true and correct copy of the foregoing

Joint Motion for Entry of Consent Judgment Solely Against Defendant Interface Protein
Technology Inc. was filed electronically with the Clerk of Court to be served by operation of the
Court's electronic filing system upon all counsel of record.

/s/ Cheryl A. Kelly

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