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17-1744 - MidCountry Equipment Finance v. Auto Trans Group, Inc. et al


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17-1744 - MidCountry Equipment Finance v. Auto Trans Group, Inc. et al
August 4, 2017
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ORDER FOR CLAIM AND DELIVERY granting 12 Motion for Return of Property(Written Opinion) Signed by Judge Donovan W. Frank on 08/04/2017. (RLB)
September 11, 2017
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dings, 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 andVACATED PER ORDER #32//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 location 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 Plea 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. 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) Modified text on 9/28/2017 (JDF).