Monsanto Company et al v. Bening et al

Filing 82

ORDER granting 72 Motion to Revive Consent 71 Judgment. Signed by Judge David R. Herndon on 11/12/15. (lmp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
MONSANTO COMPANY and
MONSANTO TECHNOLOGY LLC,
Plaintiffs,
vs.

Civil No.

07-cv-261-DRH-PMF

NORBERT BENING and
DAVID BENING,
Defendants.
ORDER REVIVING JUDGMENT
HERNDON, District Judge:
Pending before the Court is plaintiffs’ motion (petition) to revive consent
judgment in a civil case (Doc. 72). On January 15, 2009, this Court entered
judgment in favor of Monsanto Company and against Defendant David Bening for
the sum of two hundred thousand dollars ($200,000) (Doc. 71). The $200,000
judgment was entered with consent of the parties. The parties separately agreed
that the judgment would be satisfied under the terms of a settlement agreement.
As of this date, plaintiffs report that Defendant Bening has made some
payments pursuant to the terms of the settlement agreement; however, the payment
terms of the settlement agreement will extend beyond the initial seven year period.
As a result, plaintiffs seek renewal of the consent judgment.
Plaintiffs filed the petition to revive judgment in this Court on October 9,
2015 (Doc. 72). The petition was mailed to Defendant David Bening via certified
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mail, restricted delivery as required under Illinois procedure on revival of judgment
(Doc. 72-2). Defendants were given notice that they had 30 days to respond should
they wish to contest the petition. The return receipt card was signed by Kay Bening
on October 24, 2015 and returned to the Court (Doc. 79). Additionally, plaintiffs
filed two additional return receipt cards indicating that Defendant Bening received
copies of the motion (Docs 80 & 81). One return receipt was signed by Defendant
David Bening and the other was signed by Kay Bening.
As of November 12, 2015, more than 30 days after the motion (petition) to
revive consent judgment was filed, no response from Defendant Bening has been
filed. Accordingly, the pending motion (Doc. 72) is GRANTED and the judgment
entered on January 15, 2009, in favor of Monsanto Company and Monsanto
Technology, L.L.C. and against David Bening (Doc. 71) is hereby REVIVED in the
original judgment amount of $200,000.00. Any credits to judgment shall be
reflected by Monsanto in any supplemental proceedings or execution.
IT IS SO ORDERED.
Signed this 12th day of November, 2015.

Digitally signed by
Judge David R. Herndon
Date: 2015.11.12
10:10:06 -06'00'
United States District Judge

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