Kelley et al v. Teampay Healthcare LLC, a Delaware limited liability company et al

Filing 48

MOTION by Plaintiffs Gregory Kelley, Paige Kelly, Marshall Mauer, Floyd A. Schlossberg, The Service Employees International Union Healthcare IL Health and Welfare Fund, The Service Employees International Union Healthcare IL Pension Fund for judgment Judgment Creditors' Motion For Entry Of Conditional Judgment Against Third-Party Citation Respondent Senova Healthcare Support Services, LLC (Attachments: # 1 Exhibit A-C)(Rowe, Elizabeth)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
GREGORY KELLEY, PAIGE KELLY,
FLOYD A. SCHLOSSBERG, and
MARSHALL MAUER as Trustees of THE
SERVICE EMPLOYEES INTERNATIONAL
UNION HEALTHCARE IL HEALTH AND
WELFARE FUND, and as Trustees of THE
SERVICE EMPLOYEEES
INTERNATIONAL UNION HEALTHCARE
IL PENSION FUND,
Judgment Creditors,
v.
TEAMPAY HEALTHCARE, LLC,
Judgment Debtor,
SENOVA HEALTHCARE SUPPORT
SERVICES, LLC,
Third-Party Citation Respondent.

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

Case No. 17-cv-5946

Judge Edmond E. Chang

JUDGMENT CREDITORS’ MOTION FOR ENTRY OF CONDITIONAL JUDGMENT
AGAINST THIRD-PARTY CITATION RESPONDENT
SENOVA HEALTHCARE SUPPORT SERVICES, LLC
Plaintiffs GREGORY KELLEY, PAIGE KELLY, FLOYD A. SCHLOSSBERG, and
MARSHALL MAUER as Trustees of THE SERVICE EMPLOYEES INTERNATIONAL
UNION HEALTHCARE IL HEALTH AND WELFARE FUND (“Welfare Fund”), and as
Trustees of THE SERVICE EMPLOYEEES INTERNATIONAL UNION HEALTHCARE IL
PENSION FUND (“Pension Fund”), (Welfare Fund and Pension Fund known jointly as “The
Funds”), by and through their attorneys, Dowd, Bloch, Bennett & Cervone, Auerbach & Yokich,
respectfully move this Court for entry of a conditional judgment against Senova Healthcare

Support Services, LLC (“Senova”), pursuant to 735 ILCS 5/12-807 and Rule 69(a) of the Federal
Rules of Civil Procedure. In support of this motion, the Funds state as follows:
1.

This lawsuit began as a suit against Teampay Healthcare, LLC (“Teampay”), for

delinquent reports and contributions due to employee fringe benefit funds under Section 515 of
the Employee Benefits Retirement Income Security Act ("ERISA"), 29 U.S.C. §1145. On
December 6, 2017, the Court entered judgment against Teampay in the amount of $60,810.79, of
which $11,642.38 was jointly and severally entered against Dawn Dobbs. Dobbs has since
tendered payment for the judgment against her, but $49,168.41 remains due and owing from
Teampay.
2.

On January 24, 2018, the Funds served a Third-Party Citation to Discover Assets

to Senova. A copy of the citation is attached as Exhibit A. A copy of the Affidavit of Service is
attached as Exhibit B. Senova has never responded to or otherwise acknowledged the third-party
citation.
3.

Pursuant to Illinois law, which applies in post-judgment collections in this case

under Fed. R. Civ. P. 69(a), this Court may enter “any order upon or judgment against the person
cited that could be entered in any garnishment proceeding.” 735 ILCS 5/2-1402(c)(4).
4.

In a garnishment proceeding, where a third-party is summoned but “fails to

appear and answer”:
the court may enter a conditional judgment against the garnishee for the amount
due upon the judgment against the judgment debtor. A summons to confirm the
conditional judgment may issue against the garnishee, returnable in the same
manner as provided in Section 12-705 of this Act, commanding the garnishee to
show cause why the judgment should not be made final. If the garnishee, after
being served with summons to confirm the conditional judgment or after being
notified as provided in subsection (b) hereof, fails to appear and answer, the court
shall confirm such judgment to the amount of the judgment against the judgment
debtor and award costs.

2

735 ILCS 5/12-706(a).
5.

Because Senova has failed to answer the citations, the Funds request entry of a

conditional judgment against Senova, jointly and severally, in the amount of the outstanding
judgment against Teampay, i.e., $49,168.41. The Funds will then obtain from the Clerk of the
Court a Summons to Confirm Conditional Judgment, serve that Summons on Senova, and seek
confirmation of the conditional judgment if Senova does not appear. A proposed summons is
attached as Exhibit C.
7.

This motion is being served on Senova: (a) by first-class mail to its registered

agent address; (b) by first-class mail to its office in New York where the citation was served by
messenger and accepted by Dawn Dobbs; and (c) to Senova’s two individual representatives
Dawn Dobbs and Michael Novack by email and by first-class mail to what the Funds believe are
their residences.
WHEREFORE, the Funds move the Court to issue a conditional judgment against
Senova, in the form of the attached proposed conditional judgment or otherwise, and a Summons
to Confirm Conditional Judgment.
Respectfully submitted,
/s/ Elizabeth L. Rowe
Elizabeth L. Rowe
An Attorney for the Plaintiffs
J. Peter Dowd (ARDC# 0667552)
Josiah A. Groff (ARDC# 6289628)
Elizabeth L. Rowe (ARDC# 6316967)
DOWD, BLOCH, BENNETT, CERVONE,
AUERBACH & YOKICH
8 S. Michigan Ave. – 19th Floor
Chicago, IL 60602
312-372-1361
March 30, 2018

3