Legence Bank v. United Mine Workers of America et al

Filing 22

ORDER: For the reasons stated in the attached order, the United Mine Workers motion to turn over interpleader assets (Doc. 20) is GRANTED. It is hereby ORDERED that the Circuit Court of Saline County, Illinois, shall turn over and remit to United M ine Workers of America, 18354 Quantico Gateway Drive, Suite 200, Triangle, VA 22172, funds previously held in Legence Bank account nos. xxx440 and xxx246, which have since been deposited with the Circuit Clerk of Saline County, Illinois. See attached memorandum and order for details. Signed by Chief Judge Michael J. Reagan on 1/15/2016. (wtw)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
LEGENCE BANK,
Plaintiff,
vs.
UNITED MINE WORKERS
OF AMERICA, and
UMWA LOCAL 5929,
Defendants.

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Case No. 15-cv-0144-MJR-DGW

ORDER TO TURN OVER ASSETS
REAGAN, Chief District Judge:
On October 31, 2014, Legence Bank filed an interpleader complaint in the First
Judicial Circuit of Saline County, Illinois, alleging that the United Mine Workers of
America and the United Mine Workers of America Local 5929 had both asserted claims
for funds held by Legence Bank. The state court directed the funds to be deposited with
the state court clerk, dismissed Legence from the case, and ordered the parties to file
answers to the interpleader. The United Mine Workers filed its claim to the funds on
December 11, 2015, while Local 5929 filed its answer and a four-count complaint against
the United Mine Workers of America on January 22, 2015. Local 5929’s complaint
included an action for tortious interference with contract and claims invoking the
federal labor statutes, so the United Mine Workers removed the case to this Court on
February 10, 2015. Both parties then moved for summary judgment. On September 16,
2015, the Court granted judgment in favor of the United Mine Workers and ordered the

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funds previously held in Legence Bank, which had since been deposited with the
Circuit Clerk of Saline County, to be transferred to the United Mine Workers.
On December 8, 2015, the United Mine Workers filed a motion for an order to
turn over interpleader assets, asking this Court to direct the Circuit Clerk of Saline
County, Illinois, to turn over the funds at issue. According to the United Mine Workers,
the state court was unable to turn over the funds without a clear directive from this
Court. The United Mine Workers sent a copy of its motion to the Saline County Circuit
Clerk and served it on Local 5929, and neither has filed any objections.
The Court has jurisdiction to entertain the motion sought by the United Mine
Workers, either as a motion to enforce the Court’s original transfer order or as a motion
for collection. McCall-Bey v. Franzen, 777 F.2d 1178, 1183 (7th Cir. 1985); Austin v.
Niblick, — F. App’x —, 2015 WL 5868803, at *1 (7th Cir. Oct. 7, 2015). No one argues
against the entry of the order, and a transfer of the funds held by the Saline County
Circuit Clerk is appropriate given the Court’s resolution of the motions for summary
judgment in favor of the United Mine Workers. Accordingly, the United Mine Workers’
motion to turn over interpleader assets (Doc. 20) is GRANTED. It is hereby ORDERED
that the Circuit Court of Saline County, Illinois, shall turn over and remit to United
Mine Workers of America, 18354 Quantico Gateway Drive, Suite 200, Triangle, VA
22172, funds previously held in Legence Bank account nos. xxx440 and xxx246, which
have since been deposited with the Circuit Clerk of Saline County, Illinois.

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IT IS SO ORDERED.
DATED: January 15, 2016
/s/ Michael J. Reagan
Chief Judge Michael J. Reagan
United States District Court

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