The opinion
TN THR UNITED STATES DISTRICT COCKY
TOR THE NORTITERN DISTRICT OF ILLINOTS
FASTERN DIVISION
CHICAGO RAGIONAL COUNCIL OF }
CARPLN'LERS PENSION FLINI]3 et al }
}
Plaintiffs, } Case No. 14 CV 24616
}
} Judge Der-Yoghiayan
v. )
}
MERTOIENNE CORPORATION }
}
Defendant. }
MOTION TO REINSTATE AND FOR JUDGMENT
Now come the Plaintiffs, the Chicago Regional Council of Carpenters Pension
Fund, etal. (“the Funds”), by theie attorney, Nicholas F. Kasmer and Travis Ketterman
of McGann, Kellerman, & Rioux, and respectfully request that this Court Reinstate this
matter and enler Judgment for the Vlaintifts against Meridienne Corporation. In
siipparl of the motion, the Plaintiffs state as follows:
1. On April tH), 2014, the Plaintiffs filed this action against Meridienne Corporation
(Moeridicnne or Detendant”) to collect on the findings of an audit that ways performed
on Mericicnne at the request of the Plaintiffs. (Ex A., Entry 1.)
2. Plaintitts and Defendant exchanged and engaged in discovery.
3. Plaintifs and the Defendant took part in a selilement conference befure the
Tlonorable Mary M. Rowland which was unsuccessful. (x A., entry 29-31)
4. Plainuiffs and Detendant agreed to litigate this matter via written submissions Lo
the Honorable Samuel Der-Yoghiayan at a status conference on February 18, 2016, (Ex.
A. ontry 39.)
3. The slalus order from that hearing states as follows:
“MOINUTE entry belore the Honorable Samuel laer-Yeghiayan; Pretrial conference
held. By agreement of the parties and. as slaled on the record, the Court will hold the
trial on the parties’ written submussions. Plaintiffs opening brief and evidence shall
be filed by 03/24/16, Defendants responsive briel ancl evidence shall be filed by
(418/16. Plaintifts' rebuttal bricf shall be filed by 05/02/16 and Defendant's rebuttal
briet, if any, shall be filed by 05/09/16. Counsel advised the Courl that within 7 days,
the parties will meet and confer in an attempt to resolve the matter. Mailed notice
(mw, ) (Rntered: 02/18/2016)"
6. Pursuant fo that order the Plaintiffs submitted their Trial Brief on March 24, 2016,
(Ex., A. entry 40.)
A copy of that Brief □□ provided ay an exhibit to this Motion. (Ex. Bj
& ‘The Defendant did not provided any response or responsive brief a3 required
under the February 18, 2016, status order,
9, Plaintiffy fled a reply on May 2, 2016, asking the Court to enter Judgment for the
Plaintiffs based upon its filings and the Defendamnl’s lack of a response. (ix, A, entry
43.)
10. A copy of that Reply is provided as an exhibit to this Motion. €Fx,, Cu
It. Plaintiffs submitted a proposed order as part of that Reply which sought the
sum af $98,788.10 as judgement in lhe matter. (Iix., C4
12, Om May 2, 2016, the Defendant liled a voluntary petition for Chapter 7
Bankruptey in the Northern Dtstriel of Tlinois. (Hx., and
15, Delenclant as part of its bankruptcy petition lists of debt owed Lo Plaintiffs as
FBR, (Rx.,
14. On May 18, 2016, Judge Der-Yeeliayan held a status hearing in which this matter
was dismissed wilh the abilily to reinstate when the bankruptcy proceedings
concluded. (Ex, A, entry 47.3
13, On December 6, 2017, the Defendant's bankruptcy case was closed. (kx. 12.)
16. The Bankruptcy Trustee reported that he had “neither received any property nor
paid any money on account of” Lhe Defendant's bankruptcy. (Ex. D.}
17, A corporation cannot discharge its debts in a Chapter 7 Bankruptey. 17 LSC. □
fof; Brown é& Moo & Oink, fue. (in re Moo & Cink, Inc.}, 2012 Banker. LEXIS 1243, 2, 2012
WT 980742 (BR. N.D. OL 2012); Custora Heating é¢ Atv Conditioning, lic. Kabbage,
Inc., 2017 LAS, Dist, LDATS 93134, 23-24, 2017 WI. 2619742 (N.DLIL, 2017): fa re Past &
Pall Pnterprises, Inc, 64 BR. 546, 548, 1988 Banker. LEXIS 694, 3-6, 18 Collier Banter. Cas.
2d (MB) 1136 (B.R. NLD. Ind. 1988),
18. A party holding an unsecured claim against a Chapter ¥ debtor can prosecute its
claim following the closure ot the bankruptcy. A Cratom f feating & Air Condilion fag, fae,
Kebbage, Ine, 2017 U.S, Dist. LEXIS 93134, 23-24, 2017 WL 2619144 (N_D, TIL, 2017}.
19, This thaltter should be reinstated beearse the bankruptcy that prevented Lhe
matter from, continuing has now concluded which now allows for this matter to came to
a Gnal resolution.
20. This Courl should also grant the Fands a final judgment against the Defendant
as part of this motion.
21. The Funds were seeking a final judgment against the Defendant tn the amount of
598,768.10, (Ix. C.)
22, The Defendant admitted as part of the bankruptcy tiling that the aforementioned
amourit is owed to the Funds. (Fx, F.}
23, The owner of Meridicnne indicated under oath thal the liabilities listed in the
bankruptcy filing were correct. (Ex., F., pgs 16-18.)
24. Documents and schedules filed by a bankrupicy debtor are treated as evidentiary
admissions, In re Stomdfield, 152 13.8. 328, 531, 1993 Bankr. LLXIS 502, 3 (2.R, NLD. ILL,
1893)
25. The Defendant has then admitled that the amount being sought by the Funds in
luis maller, $98,788.10, is correct and accurate.!
the Funds are not seeking any upcates en adcitional aiternoy fees or damages, Gnly the amour: admitved in the
bankrupley vic sought os part of the original Reply belef. A proposer arder (Ex, H] shows such.
26. Not only has the Defendant admitted as part of ils bankeiuptey petition that said
amount is cortect, the Defendant also failed (o in anyway contest the accuracy of the
Funds claim during the tial by paper in Lhis action.
27. ‘The Defendant Fuiled to Ale a responsive brief to the Funds original trial brief.
28. As such, if should be deemed thal the Defendant atse admitted that the Tunds
claims are correct and accurate as part of the trial by paper in this aclion.
WHERLIORE, Plaintifts respectiully pray that this Honorable Court enter a Judament
directing the Defendant within 10 days to subi payment (o uhe Plaintiffs’ in the
amouitt of $98,788.10, In addition, lhe Plaintiffs request that this Court retain
juriseliction to award the Plaintiffs’ their costs and attorneys’ fees incurred in executing
or otherwise collect on this judgment, □
Respecttully submitted,
ist Nicholas Kasmer
Nicholas L. Kasmer, one of the
allorneys for the Furs
Nicholas Kasmer
Metsann, Keltermian, & Rioux
717 Fast Wacker Drive, Suite 2600
Chicago, U1. 60601
(342) 251-9700
(31.2) 251-9700 (facsimile)