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14-9292 - Cunningham v. Loparex, LLC et al

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14-9292 - Cunningham v. Loparex, LLC et al
November 1, 2016
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OPINION AND ORDER Signed by the Honorable Joan H. Lefkow on 11/1/2016: Executor Isobel A. Hebert's motion for summary judgment 33 seeking declaratory relief in the form of a court order finding and declaring the Estate the proper and sole beneficiary of Decedent's 401(k) account (counterclaim count I) is denied. Betty Cunningham's cross-motion for summary judgment 47 declaring that she is the rightful beneficiary of the 401(k) plan benefits is granted. The funds are currently with the registry of the court and may be disbursed not earlier than two weeks from the date of this order. Betty Cunningham is directed, by her counsel, to submit a proposed order of disbursement of funds (the principal plus interest less the registry fee) to the proposed order mailbox on this Court's webpage, and to provide the Financial Department of the Clerk's Office with the personal information necessary to disburse the funds. The Executor's counterclaim for breach of the divorce decree (count II) is dismissed without prejudice to refiling in the Circuit Court of Cook County. Civil case terminated.Mailed notice(mad, )