MidCountry Equipment Finance v. Auto Trans Group, Inc. et al

Filing 29

ORDER FOR CIVIL CONTEMPT AND FOR IMMEDIATE ENTRY AND DOCKETING OF MONETARY JUDGMENT. 1. Defendant Violet Mihaylova and Auto Trans Group, Inc. and its officers, agents, servants, directors, employees, affiliated entities, and those persons in active concert or participation with any of them, are in civil contempt of this Courts August 4, 2017 and August 31, 2017 Orders. This Court hereby issues a Warrant for the Defendants arrest. This provision will be stayed until September 18, 2017, to afford Defendants an opportunity to comply with Paragraph 2 of this Order;2. Defendants are ordered to immediately comply with this Courts August 4, 2017 and August 31, 2017 Orders and deliver the equipment (identified in the August 4, 2017 Order) to a loc ation designated by Plaintiff. Defendants will endeavor to cooperate with Plaintiffs efforts to recover the equipment. Delivery of the equipment shall be made by September 14, 2017; 3. Plaintiffs motion for Judgment on the Pleadings, or in the altern ative Summary Judgment, (Doc. No. 22 ), is hereby GRANTED; 4. Monetary judgment in the amount of $245,530.02 is awarded in favor of Plaintiff and against Defendants Auto Trans Group, Inc. and Violet Mihaylova, jointly and severally. The Clerk o f Court is authorized to immediately enter and docket this judgment; 5. Plaintiff shall be permitted to submit a supplemental affidavit for additional attorney fees, costs, and fees arising out of Defendants default, collection, repossession and resa le, or other entitlement of the judgment as provided in the Lease Agreement at 25. If there is a sale of the equipment identified in the August 4, 2017 Order, Plaintiff may include a partial satisfaction of the judgment in the amount of net sale proc eeds, less all costs, fees, and attorney fees incurred with recovery and sale of the equipment. 6. The Court directs the U.S. Marshals Service to personally serve Defendants at the following locations:Auto Trans Group, Inc.825 Seegers Road, Suite H, Des Plaines, IL 60016. Violet Mihaylova, 301 N. Catalpa Street, Addison, IL 60101. Or to serve via e-mail service. Service will also be effective if served by Plaintiff's counsel via U.S. Mail or e-mail on Defendants or their counsel.(Written Opinion) Signed by Judge Donovan W. Frank on 9/11/2017. (BJS)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

MidCountry Equipment Finance, a division
of MidCountry Bank, a federally chartered
savings bank organized and existing under
the laws of the United States of America,
Plaintiff,
v.
Auto Trans Group, Inc. and Violet
Mihaylova,

Civil No. 17-1744 (DWF/BRT)

ORDER FOR CIVIL CONTEMPT
AND FOR IMMEDIATE ENTRY
AND DOCKETING OF MONETARY
JUDGMENT

Defendants.

The above-captioned matter came on for hearing before the Court on
September 11, 2017, in accordance with the Court’s Order dated August 31, 2017 (Doc.
No. [21]) and upon Plaintiff’s motion for judgment on the pleadings or, in the alternative,
summary judgment.
Joshua A. Hasko, Esq., appeared on behalf of Plaintiff. No other parties, or
counsel, appeared at the hearing.
Based upon all the files and records herein, together with the arguments of
counsel,
IT IS HEREBY ORDERED THAT:
1.

Defendant Violet Mihaylova and Auto Trans Group, Inc. and its officers,

agents, servants, directors, employees, affiliated entities, and those persons in active
concert or participation with any of them, are in civil contempt of this Court’s August 4,

2017 and August 31, 2017 Orders. This Court hereby issues a Warrant for the
Defendants’ arrest. This provision will be stayed until September 18, 2017, to afford
Defendants an opportunity to comply with Paragraph 2 of this Order;
2.

Defendants are ordered to immediately comply with this Court’s August 4,

2017 and August 31, 2017 Orders and deliver the equipment (identified in the August 4,
2017 Order) to a location designated by Plaintiff. Defendants will endeavor to cooperate
with Plaintiff’s efforts to recover the equipment. Delivery of the equipment shall be
made by September 14, 2017;
3.

Plaintiff’s motion for Judgment on the Pleadings, or in the alternative

Summary Judgment, (Doc. No. [22]), is hereby GRANTED;
4.

Monetary judgment in the amount of $245,530.02 is awarded in favor of

Plaintiff and against Defendants Auto Trans Group, Inc. and Violet Mihaylova, jointly
and severally. The Clerk of Court is authorized to immediately enter and docket this
judgment;
5.

Plaintiff shall be permitted to submit a supplemental affidavit for additional

attorney fees, costs, and fees arising out of Defendants’ default, collection, repossession
and resale, or other entitlement of the judgment as provided in the Lease Agreement at
¶25. If there is a sale of the equipment identified in the August 4, 2017 Order, Plaintiff
may include a partial satisfaction of the judgment in the amount of net sale proceeds, less
all costs, fees, and attorney fees incurred with recovery and sale of the equipment.

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6.

The Court directs the U.S. Marshals Service to personally serve Defendants

at the following locations:
Auto Trans Group, Inc.
825 Seegers Road
Suite H
Des Plaines, IL 60016
Violet Mihaylova
301 N. Catalpa Street
Addison, IL 60101
Or to serve via e-mail service. Service will also be effective if served by Plaintiff’s
counsel via U.S. Mail or e-mail on Defendants or their counsel.
LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: September 11, 2017

s/Donovan W. Frank
DONOVAN W. FRANK
United States District Judge

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