Banner Life Insurance Company v. Kaur et al

Filing 48

MOTION by Plaintiff Banner Life Insurance Company for default judgment as to Vamsi Venisetty, MOTION by Plaintiff Banner Life Insurance Company for judgment Order (Attachments: # 1 Exhibit 1 - Receipt of Deposited Funds, # 2 Exhibit 2 - Declaration of Ridhi D. Madia, # 3 Exhibit 3 - Military Verification for V. Venisetty, # 4 Text of Proposed Order Ex. 4 - Proposed Order for Final Judgment and Default Judgment)(Madia, Ridhi)

EXHIBIT 2

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
BANNER LIFE INSURANCE COMPANY,

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Plaintiff,
v.
PURAB KAUR, et. al,
Defendants.

CASE NO. 1:20-cv-6467
Judge Charles P. Kocoras
Magistrate Judge Gabriel A. Fuentes

DECLARATION OF RIDHI D. MADIA
I, Ridhi D. Madia, declare as follows:
1.

I am an attorney for Plaintiff Banner Life Insurance Company (“Banner”), and I am

familiar with the file, records, and pleadings in this matter. I am employed by Chittenden, Murday
& Novotny, LLC (the “firm”) that was hired by Banner to litigate this case.
2.

Defendant Vamsi Venisetty (“Venisetty”) was served with a copy of the Complaint

and Notice of Lawsuit and Request to Waive Service of a Summons via certified mail on
November 4, 2020.
3.

No Waiver was received from Defendant Venisetty. The Clerk issued a Summons

for Venisetty at Plaintiff’s request on January 8, 2021.
4.

Plaintiff engaged a process server to serve a copy of the Complaint and Summons

on Defendant Venisetty personally.
5.

Plaintiff obtained an affidavit of personal service for Defendant Venisetty dated

January 12, 2021 averring that summons was personally served on Venisetty by a process server

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on January 8, 2021. (ECF No. 21). Pursuant to Fed. R. Civ. P. 12(a)(1), Venisetty’s responsive
pleading was due no later than January 29, 2021 (21 days from the date of service).
6.

The Clerk entered a default against Venisetty under Fed. R. Civ. P. 55(a) on

February 16, 2021. (ECF No. 30).
7.

To comply with the requirements of 50 U.S.C. § 3931(b)(1), this firm attempted to

verify whether Venisetty is in military service, as defined by 50 U.S.C. § 3911(2).
8.

The firm performed a search pursuant to the Servicemembers Civil Relief Act for

for Venisetty using the Social Security Number and date of birth provided on the Beneficiary
Designation Form dated July 6, 2020 that Banner received, and determined that he is not on
military service. See Banner Life’s Motion, Ex. 3 thereto.
9.

Upon information and belief, Venisetty is not an infant as his year of birth is 1969,

not in the military, and not an incompetent person.
10.

As of the date of this request, Venisetty has failed to answer or otherwise plead in

response to Banner’s Complaint.
11.

Banner has incurred a total of $7,179.00 in attorneys’ fees and costs through

February 28, 2021 in connection with this litigation. This is a reasonable amount of fees and costs
for the work done. The fees for Banner to file this action and seek discharge from liability were
primarily incurred by Ridhi Madia, an Associate at the law firm of Chittenden, Murday & Novotny
LLC. Her hourly rate on this matter ($200.00) is reasonable based on her one year of experience
and the fact that it is comparable to the rates of others practicing in her geographic area of Chicago,
Illinois. Fees were also incurred by David J. Novotny, a Member at the law firm of Chittenden,
Murday & Novotny LLC. His hourly rate on this matter ($330.00) is reasonable based on his 42
years of experience and the fact that it is comparable to the rates of others practicing in his

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geographic area of Chicago, Illinois. The hours billed by Ms. Madia and Mr. Novotny are
reasonable, as all the time was necessary to the filing of this action, to pursue Banner Life’s
discharge from liability, and to pursue an award of fees and costs. Additionally, the costs other
than attorneys’ fees were reasonable and necessarily incurred in the filing of this action, including
filing fees and service fees.
DECLARATION PURSUANT TO 28 U.S.C. § 1746
I declare on behalf of Banner Life Insurance Company under penalty of perjury that the
foregoing Declaration of Ridhi D. Madia is true and correct.
Executed on: April 1, 2021.
/s/ Ridhi D. Madia
Ridhi D. Madia

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