City National Bank of West Virginia NA v. Portell

Filing 22

ORDER GRANTING Motion for Revival of Judgment (Doc. 20 ). Signed by Judge Staci M. Yandle on 4/23/2020. (sgp)

Case 3:12-cv-01237-SMY-SCW Document 22 Filed 04/23/20 Page 1 of 2 Page ID #188

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
CITY NATIONAL BANK OF WEST
VIRGINIA NA,
Plaintiff,
vs.
DONALD J. PORTELL,
Defendant.

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Case No. 12-CV-1237-SMY

MEMORANDUM AND ORDER
YANDLE, District Judge:
Default judgment was entered in favor of Plaintiff City National Bank of West Virginia
(“City National”) and against Defendant Donald J. Portell on March 19, 2013 in the amount of
$875,774.82 in damages plus post-judgment interest at a rate of $92.90407 per day accruing from
February 1, 2013 (Doc. 19). As of February 21, 2020, Portell still owes $577,292.09 and
$130,076.04 in post-judgment interest. Now pending before the Court is City National’s Motion
for Revival of Judgment (Doc. 20).
Federal Rule of Civil Procedure 69 provides that “[a] money judgment is enforced by a
writ of execution” and that “proceedings supplementary to and in aid of judgment or execution
must accord with the procedure of the state where the court is located.” Id. 69(a)(1). In Illinois, a
judgment expires within 7 years of entry of judgment unless it is revived. 735 ILL. COMP. STAT. §
5/12-108(a). Judgments are revived by filing a petition in the seventh year after entry of judgment
which includes the original date and amount of judgment, court costs, accrued interest, and credits
to the judgment, if any. Id. § 5/2-1602. City National’s Motion is timely, sets forth the judgment
amount, accrued interest, credits to the judgment, amount due and owing, and otherwise complies

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Case 3:12-cv-01237-SMY-SCW Document 22 Filed 04/23/20 Page 2 of 2 Page ID #189

with the statute.
Accordingly, the Motion is GRANTED. A separate judgment setting forth the original
amount of the judgment shall be entered as provided by Federal Rule of Civil Procedure 58. Any
credits to the original judgment shall be set forth by Plaintiff in supplemental proceedings or
execution. 735 ILL. COMP. STAT. § 5/2-1602(d).
IT IS SO ORDERED.
DATED: April 23, 2020

STACI M. YANDLE
United States District Judge

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