John Hancock Life Insurance Company (U.S.A.) v. Moon, f/k/a Linda G. Mocco

Filing 26

ORDER Adopting Report and Recommendations signed by the Honorable Philip G. Reinhard on 11/13/2017: On October 25, 2017, Magistrate Judge Johnston entered a report and recommendation 24 that the consent judgment 21 proposed by the parties pursuan t to their settlement agreement be entered. No objection has been filed. The court has reviewed the record and accepts the report and recommendation. Consent judgment is entered. See Consent Judgment. This case is terminated. Electronic notice (Attachments: # 1 Consent Judgment) (kms)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS WESTERN DIVISION JOHN HANCOCK LIFE INSURANCE COMPANY (U.S.A.) Plaintiff, v. LINDA F. MOON, f/k/a LINDA G. MOCCO, Defendant. ) ) ) ) ) ) Case No. 1:17-cv-02923 ) Judge Philip G. Reinhard ) Magistrate Judge Iain D. Johnston ) ) ) CONSENT JUDGMENT This cause comes on the Complaint filed by John Hancock Life Insurance Company (U.S.A.) (“John Hancock”) for recovery of overpayments retained by Defendant Linda F. Moon (“Moon”) under Annuity Contract No. 3,227,148-7 (the “Annuity”) in the amount of $117,735.54, together with court costs. The Court, having reviewed and considered the pleadings filed herein, the consent of all parties, and pursuant to the general equitable powers of this Court and for good cause shown, hereby ORDERS, ADJUDGES, AND DECREES that: 1. Judgment is entered under Rule 54 of the Federal Rules of Civil Procedure in favor of John Hancock and against Moon in the amount of $117,735.54, together with court costs in the amount of $732.71, in the total judgment amount of $118,468.25. 2. Moon is ordered to pay John Hancock the sum of $1,500.00 per month, said payments to be satisfied by withholding $1,500.00 per month from the monthly benefits payable by John Hancock to Moon under the Annuity beginning with the January 2018 payment. 3. John Hancock shall also retain all annual 3% increases in the monthly benefit amount as provided in the Annuity such that Moon shall not receive more than $2,475.47 per month under the Annuity beginning with the January 2018 payment until such time as the total judgment amount is fully satisfied. 4. Upon John Hancock’s recovery of the full judgment amount of $118,468.25, Moon’s monthly benefit payments under the Annuity, if any, will return to the amount they would have been otherwise under the terms of the Annuity. 5. In the event the monthly benefit payments under the Annuity cease for any reason, any remaining balance of the judgment shall be immediately due and enforceable. 6. Except as provided herein, each party shall bear their own costs and attorneys’ fees. ____11/13/2017____ DATE ________________________________________ JUDGE By: /s/ Kaitlyn E. Luther Kaitlyn E. Luther ( CHITTENDEN, MURDAY & NOVOTNY LLC 303 W. Madison Street, Suite 1400 Chicago, IL 60606 (312) 281-3600 (312) 281-3678 (fax) By: /s/ Zachary Townsend (w/ consent) Zachary Townsend Pro Legal Care LLC 401 W. State Street, Suite 201 Rockford, Illinois 61101 (630) 258-1919 Attorneys for Plaintiff John Hancock Life Insurance Company (U.S.A.) Attorneys for Defendant, Linda Moon O:\JO1001\42537 - Mocco\Pldgs\Consent Order 102317.docx 2

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