IN THE UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION 

GREER G. ZUMMO 

Plaintiff, 

vs. 

EQUABLE ASCENT FINANCIAL, LLC, and 

ENHANCED RECOVERY COMPANY, LLC, 

Defendants. 

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CASE NO. 12-cv-00882

Judge John F. Grady 

Magistrate Judge Morton Denlow 

AGREED MOTION TO DISMISS ACTION AND CLAIMS 

WITH PREJUDICE AS TO DEFENDANTS, PURSUANT 

TO STIPULATION AND FOR GOOD FAITH FINDING

Defendants Equable Ascent Financial LLC ("EAF") and Enhanced Recovery Company, 

LLC ("Enhanced") (collectively "defendants"), by their undersigned attorneys, hereby move this 

Court to: (1) dismiss all individual claims presented in the Second Amended Class Action 

Complaint (“Complaint”) and in this action by Plaintiff Greer G. Zummo, individually 

("plaintiff") against defendants with prejudice, and dismiss this action against defendants; and 

(2) for a finding that the settlement between plaintiff and defendants was entered into in good 

faith pursuant to Section 2 of the Illinois Joint Tortfeasor Contribution Act, 740 ILCS 100/2. In 

support hereof, defendants state as follows: 

1. The complaint alleges two counts against defendants. Count I is brought against 

Enhanced. Count II is brought against EAF. Both allege violations of the Fair Debt Collection 

Practices Act, 15 U.S.C. § 1692, et seq. (“FDCPA”). 

2. Defendants deny liability. 

3. Plaintiff and defendants, through their respective counsel, have engaged in good 

faith arms-length settlement negotiations and have agreed to a settlement. 

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4. The terms of the settlement include the payment of a total of $10,000 to plaintiff. 

There is a written Settlement Agreement (“Agreement”). There is a mutual general release by 

plaintiff and defendants and plaintiff's husband Joseph Wilson ("Wilson") of any and all claims 

which plaintiff or Joseph Wilson may have against the defendants, which has been signed by the 

plaintiff, defendants and Joseph Wilson. A copy of the Agreement will be furnished to the Court 

at the hearing on this motion if this Court desires. Plaintiff and defendants acknowledge that the 

settlement was entered into after good faith, arms-length negotiations between them through 

their respective counsel. 

5. The settlement here was in fact entered into in good faith and is the result of armslength settlement negotiations between counsel for the settling parties. The Agreement provides 

that no promise, inducement or representation not expressed therein has been made. 

Accordingly, this Court should enter an order pursuant to the Illinois Joint Tortfeasor 

Contribution Act, 740 ILCS 100/2 finding that the settlement was entered into in good faith. 

6. Under the Illinois Joint Tortfeasor Contribution Act, once there is a finding of 

good faith, that finding operates as a bar to any contribution claim against the settling parties. 

Here, a good faith finding will operate as a bar to any other party’s contribution claim against the 

defendants. See 740 ILCS 100/2. 

7. A Stipulation to Dismiss Action and Claims is attached hereto as Exhibit A. 

8. A form of requested Order is attached hereto as Exhibit B. 

WHEREFORE, Defendants Equable Ascent Financial LLC and Enhanced Recovery 

Company, LLC pray for the following relief: 

A. That this Court find that the terms of the settlement between plaintiff and 

defendants was entered into in good faith pursuant to the Illinois Joint Tortfeasor 

Contribution Act, 740 ILCS 100/2; 

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B. That this Court dismiss all individual claims presented in the Second 

Amended Complaint and in this action against the defendants, with prejudice, and 

dismiss this action against the defendants as to plaintiff, with prejudice, each party to bear 

its and her own costs and attorney’s fees; and 

C. That this Court dismiss this action as to all putative class claims without 

prejudice. 

Defendants EQUABLE ASCENT 

FINANCIAL LLC 

By: /s/ Clifford E. Yuknis 

Clifford E. Yuknis 

Hinshaw & Culbertson LLP 

222 N. LaSalle St., Suite 300 

Chicago, Illinois 60601 

(312) 704-3000 

dschultz@hinshawlaw.com

cyuknis@hinshawlaw.com

Defendants ENHANCED RECOVERY 

By: /s/Paul Gamboa 

Paul Gamboa 

Gordon & Rees, LLP 

One North Franklin 

Suite 800 

Chicago, IL 60606 

(312) 980-6768 

hayesryan@gordonrees.com

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