FEDERAL NATIONAL MORTGAGE ASSOCIATION v. CHICAGO TITLE INSURANCE COMPANY

Filing 162

ORDER ADOPTING REPORT AND RECOMMENDATION - The Magistrate Judge submitted his Report and Recommendation on Chicago Title's Motion to Hold Judgment Defendant in Contempt of Court and for Sanctions. The parties were afforded due opportunity pursua nt to statute and the rules of this Court to file objections; none were filed. The Court, having considered the Magistrate Judge's Report and Recommendation, hereby adopts the Magistrate Judge's Report and Recommendation 158 . Chicago Tit le's Motion to Hold Judgment Defendant in Contempt of Court and for Sanctions be granted in part and denied in part. (Docket No. 156). Chicago Title is directed to serve this order on Mr. Jekogian no later than October 21, 2019 and to promptly file proof of the same. (See Order). Copies to Nickolas W. Jekogian via U.S. mail. Signed by Judge Jane Magnus-Stinson on 10/18/2019.(JDH)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
FEDERAL NATIONAL MORTGAGE
ASSOCIATION,

)
)
)
Plaintiff,
)
)
v.
)
)
CHICAGO TITLE INSURANCE COMPANY, et )
al.
)
)
Defendants.
)

No. 1:11-cv-00768-JMS-MPB

ORDER ADOPTING REPORT AND RECOMMENDATION
The Magistrate Judge submitted his Report and Recommendation on Chicago Title’s
Motion to Hold Judgment Defendant in Contempt of Court and for Sanctions. The parties were
afforded due opportunity pursuant to statute and the rules of this Court to file objections; none
were filed. The Court, having considered the Magistrate Judge’s Report and Recommendation,
hereby adopts the Magistrate Judge’s Report and Recommendation [158].
Chicago Title’s Motion to Hold Judgment Defendant in Contempt of Court and for
Sanctions be granted in part and denied in part. (Docket No. 156).
Specifically, the court ORDERS:
1. It is established that Jekogian has fraudulently transferred money and/or hidden assets
from Chicago Title. See, e.g., Ind. Code §§ 32–18–2–14, 15;
2. Chicago Title’s request that it be conclusively established that Jekogian has committed
fraud in the criminal context, Ind. Code § 35–43–5–4 is denied;
3. Chicago Title’s request that it be conclusively established that Jekogian has committed
constructive fraud is denied;

1

4. That the BBJ Family Irrevocable Trust and the Jekogian Family Trust assets are subject
to execution by this Court in order to satisfy Chicago Title’s Judgment due to the
fraudulent manner in which the trusts have been utilized by Jekogian;
5. Jekogian, individually, is precluded from disputing the Court’s findings regarding
Jekogian’s fraudulent transfer and fraudulent activities in this case (this would not
prevent the trusts from seeking any remedy available, if appropriate);
6. Chicago Title’s request for fees and costs incurred in these post-judgment proceedings,
aside from those attorneys’ fees already awarded to Chicago Title is granted, excluding
the activities outlined within the Magistrate Judge’s report and recommendation.
Chicago Title shall provide an affidavit of its attorneys’ fees for the Court’s review
within fourteen (14) days of this Order; and
7. That Chicago Title’s request for additional sanctions under a finding of civil contempt
be denied.
Chicago Title is directed to serve this order on Mr. Jekogian no later than October 21,
2019 and to promptly file proof of the same.

Date: 10/18/2019

Distribution to all ECF-registered counsel of record.
Distribution via first-class mail to:
Nickolas W. Jekogian
III Signature Group Investments, LLC
1430 Broadway, Suite 503
New York, NY 10018
Nickolas W. Jekogian
III 171 E. 84th Street, Apt. 28E
New York, NY 10028
2