TRUSTEES OF THE GLAZIERS v. MGM GLASS, INC.

MOTION FOR JUDGMENT

JEFFERY COLE, Magistrate Judge.

NOW COME the Plaintiffs, TRUSTEES OF THE GLAZIERS, ARCHITECTURAL M ETAL AND GLASS WORKERS LCOAL UNION NO. 27 WELFARE AND PENSION FUNDS, by and through counsel, and, in their Motion For Judgment, state as follows:

1. This Court awarded Plaintiffs a $57,584.38 judgment against Defendant, M GM GLASS, INC., on September 25, 2012.

2. Defendant continues to owe Plaintiffs $54,205.74 on the judgment.

3. On November 29, 2012, in an attempt to collect on that judgment, Plaintiffs served a citation to discover assets on HEIGHTS GLASS & MIRROR, INC.'s registered agent. See Ex. A.

4. As required by Federal Rule of Civil Procedure 69 and Illinois Code of Civil Procedure section 2-1402 (735 ILCS 5/2-1402 (West 2012)), the citation served on HEIGHTS GLASS & MIRROR contained the following admonition: YOU ARE PROHIBITED from making or allowing any transfer or other disposition of, or interfering with, any property not exempt from execution or garnishment belonging to the Defendant or to which they may be entitled or which may be acquired by or become due to them and from paying over or otherwise disposing of any money not so exempt, which is due or becomes due to them, until the further Order of this Court or termination of these proceedings. * * *.

5. After receiving service of the citation, HEIGHTS GLASS & MIRROR tendered four payments to Judgment Debtor M GM GLASS, INC. totaling $8,617.80. See Ex. B.

6. Plaintiffs advised Citation Respondent HEIGHTS GLASS & MIRROR that it would, therefore, require it to compensate the Funds for the amounts that should have been withheld pursuant to the citation, but HEIGHTS GLASS & MIRROR did not respond. See Ex. C.

WHEREFORE, Plaintiffs ask this Court to award them judgment against Citation Respondent HEIGHTS GLASS & MIRROR, INC. in the amount of $8,617.80 and any other relief this Court deems just and equitable.

Exhibit

A

YOU ARE COMMANDED to appear at the office of Arnold and Kadjan, 203 N. LaSalle Street, Suite 1650, Chicago, Illinois, at 2:00 p.m. on December 21, 2012, to be examined under oath concerning the property or income of, or indebtedness due Defendant. Judgment was entered against Defendant and for Plaintiffs TRUSTEES OF THE GLAZIERS LOCAL UNION NO. 27, et al., on September 25, 2012, in the amount of $57,584.38. Of that amount $57,584.38 remains unpaid. A copy of the Judgment entered by Judge Gettleman was filed with the Clerk of the Court.

YOU ARE COMMANDED to produce at the examination all books, papers or records in your possession or control which may contain information concerning the property or income of Defendant(s) or indebtedness due them.

WARNING: Your failure to appear in Court as herein directed may cause you to be arrested and brought before the Court to answer to a charge of contempt of Court, which may be punishable by imprisonment in the County Jail.

The books and records to be produced include all personal and business or corporate checkbooks, check registers, books of account, ledger books, income and payroll tax returns and supporting documents including schedules, bank books, information regarding loans applied for and received and payments made and due, information regarding all real or personal property owned by Defendant or in which they hold any interest whatsoever, information regarding any trust or estate in which Defendant hold any interest whatsoever, records regarding all accounts receivable or amounts due to Defendant for any reason, records regarding all indebtedness of Defendant including documents creating such indebtedness and any related security interests, records regarding stocks, bonds, powers of appointment or insurance policies held by Defendant or of which they are or may be beneficiaries, records regarding all bonds or sureties for wages or performance of all construction projects of Defendant, and records regarding all jewelry, art objects and other personal property owned by Defendant.

YOU ARE PROHIBITED from making or allowing any transfer or other disposition of, or interfering with, any property not exempt from execution or garnishment belonging to the Defendant or to which they may be entitled or which may be acquired by or become due to them and from paying over or otherwise disposing of any money not so exempt, which is due or becomes due to them, until the further Order of this Court or termination of these proceedings. You are not required to withhold the payment of any money beyond double the amount of the judgment.

YOUR FAILURE TO COMPLY WITH THIS CITATION MAY SUBJECT YOU TO PUNISHMENT FOR CONTEMPT OF THIS COURT OR TO A JUDGMENT FOR THE AMOUNT UNPAID.

CERTIFICATE OF ATTORNEY

1. Judgment in the amount of $57,584.38 for TRUSTEES OF THE GLAZIERS LOCAL UNION NO. 27, et al. Of that amount, $57,584.38 for TRUSTEES OF THE GLAZIERS LOCAL UNION NO. 27, et al. remains unpaid.

2. Name of Court: United States District Court for the Northern District of Illinois, Eastern Division.

3. Case No. 11 C 7777

I, the undersigned, certify under penalties as provided by law pursuant to 735 ILCS 5/1-109 to the Court that the foregoing information is true.

JUDGMENT ORDER

THIS CAUSE coming on to be heard on Plaintiffs' Motion for Judgment in Sum Certain, all parties having been given due notice;

IT IS HEREBY ORDERED:

1. Judgment in the amount of $57,584.38 for the audit period April 1, 2010 through April 30, 2012 is entered in favor of Plaintiffs, Trustees of the Glaziers, Architectural Metal and Glass Workers Local Union No. 27 Welfare and Pension Funds, and against the Defendant, MGM GLASS, INC.

2. This is a final and appealable order.

CITATION NOTICE

Judgment in the amount of $57,584.38 for TRUSTEES OF THE GLAZIERS LOCAL UNION NO. 27, et al.

Name of person receiving Citation: Heights Glass & Mirror Co., c/o its Registered Agent, William E. Russell, 311 South Wacker Drive, Suite 3000, Chicago, IL 60606.

NOTICE: The court has issued a Citation against the persons named above. The Citation directs that person to appear at the office of Arnold and Kadjan, 203 N. LaSalle Street, Suite 1650, Chicago, Illinois on December 21, 2012 at 2:00 p.m., to be examined for the purpose of allowing the Judgment Creditor to discover income and assets belonging to the Judgment Debtor or in which the Judgment Debtor has an interest. The Citation was issued on the basis of a judgment against the Judgment Debtor in favor of the Judgment Creditor in the amount stated above. On or after the court date shown above, the Court may compel the application of any discovered income or assets toward payment on the judgment.

The amount of income or assets that may be applied toward the judgment is limited by federal and Illinois law. THE JUDGMENT DEBTOR HAS THE RIGHT TO ASSERT STATUTORY EXEMPTIONS AGAINST CERTAIN INCOME OR ASSETS OF THE JUDGMENT DEBTOR WHICH MAY NOT BE USED TO SATISFY THE JUDGMENT IN THE AMOUNT STATED ABOVE:

(1) Under Illinois or federal law, the exemptions of personal property owned by the debtor include the debtor's equity interest, not to exceed $4,000.00 in value, in any personal property as chosen by the Debtor; Social Security and SSI benefits; Public assistance benefits; Unemployment compensation benefits; Worker's compensation benefits; Veteran's benefits; Circuit breaker property tax relief benefits; the Debtor's equity interest not to exceed $2,400.00 in value, in any one motor vehicle, and the debtor's equity interest, not to exceed $1,500.00 in value, in any implements, professional books, or tools of the trade of the Debtor.

(2) Under Illinois law every person is entitled to an estate in homestead, when it is owned and occupied as a residence, to the extent in value of $15,000.00, which homestead is exempt from judgment;

(3) Under Illinois law, the amount of wages that may be applied toward a judgment is limited to the lessor of (i) 15% of gross weekly wages or (ii) the amount by which disposable earnings for a week exceed to total of 45 times the federal minimum hourly wage;

(4) Under federal law, the amount of wages that may be applied toward a judgment is limited to the lessor of (i) 25% of disposable earning for a week or (ii) the amount by which disposable earnings for a week exceed 30 times the federal minimum hourly wage;

(5) Pension and retirement benefits and refunds may be claimed as exempt under Illinois law. The Judgment Debtor may have other possible exemptions under the law.

THE JUDGMENT DEBTOR HAS THE RIGHT AT THE CITATION HEARING TO DECLARE EXEMPT CERTAIN INCOME OR ASSETS OR BOTH. The Judgment Debtor also has the right to see a declaration at an earlier date, by notifying the clerk in writing at the office of the Clerk of the U.S. District Court, 20th Floor, 219 S. Dearborn Street, Chicago, Illinois. When so notified, the Clerk of the U.S. District Court will provide a hearing date and the necessary forms that must be prepared by the Judgment Debtor or the Judgment Debtor's attorney and sent to the Judgment Creditor regarding the time and location of the hearing.

AFFIDAVIT OF SPECIAL PROCESS SERVER

Grant Piachocish; law clerk for the offices of Arnold and Kadjan, located at 203 N. LaSalle St., Suite 1650, Chicago, IL 60601, hereby states as follows:

Under the penalties provided by law pursuant to Section 1-109 of the Code of Civil Procedure, the undersigned certifies that the statements set forth in this instrument are true and correct, except as to matters therein stated to be on information and belief and as to such matters the undersigned certifies as a foresaid that he verily believes the same-to be true.

Exhibit

B