US_ACTIVE-111836547.1-AEPILLE 02/05/2013 6:51 PM

IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION 

BUILDERS BANK, 

 Plaintiff/CounterDefendant, 

 v. 

THE BANK OF NEW YORK MELLON, 

 Defendant/CounterPlaintiff. 

Case No. 12-cv-200 

Honorable Harry D. Leinenweber 

THE BANK OF NEW YORK MELLON 

Cross-Plaintiff, 

v. 

NEWLAND GROUP, LLC, RB GROUP 

DEVELOPMENT, INC, and J.M.C. 

CONTRACTING CORP., 

Cross-Defendants. 

MOTION FOR ENTRY OF JUDGMENT RESOLVING ALL CLAIMS 

 The Bank of New York Mellon (“BNY”), by and through its undersigned counsel, hereby 

moves for the entry of the Judgment Order Resolving All Claims, and states as follows: 

1. On January 11, 2012, Builders filed an action against BNY seeking to recover 

certain proceeds (collectively the “Proceeds”) from an insurance policy (the “Policy”) issued by 

Chubb Group of Insurance Companies, or its affiliates (“Chubb”), and drawn on an account held 

by BNY. 

2. On April 11, 2012, BNY filed an answer and counterclaim, pursuant to which it, 

among other things, identified Newland Group, LLC (“Newland”) and RB Group Development, 

Inc. (“RBGD”) as additional payees under the policy and sought to quiet any interest the CrossDefendants may have in the Proceeds. 

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3. BNY interpled certain Proceeds from the Policy in its possession (collectively, the 

“Disputed Funds”) with the Clerk of Court. 

4. On December 6, 2012, after an additional details related to the dispute came to the 

attention of BNY, BNY filed its Amended Answer, Affirmative Defenses, Counterclaim and 

Crossclaim of Interpleader by BNY Mellon, N.A., pursuant to which it included an additional 

claim seeking a declaratory judgment that a certain check dated November 12, 2012, made 

payable to Newland and J.M.C. Contracting Corp. (“JMC”) in the amount of $48,860.00, and 

identified by check number 6263547 (the “Third Check”) was not improperly endorsed. 

5. BNY has served Builders, Newland, RBGD and JMC (collectively, the “CrossDefendants”) with service of process in accordance with the applicable rules, and the deadline 

for Cross-Defendants to answer or otherwise plead has expired with no answer or responsive 

pleading having been filed by any of the Cross-Defendants. 

6. On February 5, 2013, BNY filed a motion for default and for judgment against 

Newland, RBGD and JMC, pursuant to which it seeks: (i) to quiet any right claim or interest 

those parties may have in the Disputed Funds, the Policy and/or the Proceeds; and (ii) entry of a 

declaratory judgment finding that BNY has no liability to the Cross-Defendants for honoring the 

Third Check. 

7. In light of the anticipated default judgment against Newland, RBGD and JMC, 

BNY and Builders have discussed the possible resolution of the remaining claims asserted by 

Builders against BNY, and have negotiated the terms of a proposed resolution to this litigation. 

 WHEREFORE, for the reasons stated hereon, The Bank of New York Mellon requests 

that: (i) this Court enter the Judgment Order Resolving All Claims attached hereto as Exhibit A 

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thereby resolving all claims asserted by Builders against BNY, and (ii) this Court grant any other 

and further relief that may be appropriate under the circumstances. 

 THE BANK OF NEW YORK MELLON 

By: __________________________________ 

 One of Its Attorneys 

Gary S. Caplan (ARDC No. 6198263) 

Ann E. Pille (ARDC No. 6283759) 

REED SMITH LLP 

10 S. Wacker Drive, Suite 4000 

Chicago, Illinois 60606 

Telephone: (312) 207-1000 

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CERTIFICATE OF SERVICE 

I, Ann E. Pille, hereby certify that on February 5, 2013, I caused a copy of the foregoing 

Motion for Entry of Judgment Order Resolving All Claims (the “Motion”) to be filed in the 

above-captioned proceeding. Notice of this filing was sent automatically, via the Court’s 

CM/ECF system, to each party that has filed an electronic appearance in this proceeding. In 

addition, on February 5, 2013, I caused a copy of the Motion to be served on the following 

persons via United States mail, first class, postage prepaid: 

 Newland Group, LLC 

 c/o Samuel Racer 

 250 West 57th Street, Suite 919 

 New York, NY 10107 

 RB Group Development, Inc. 

 614 Sheepshead Bay Rd. 

 Brooklyn, NY 11224 

 J.M.C. Contracting Corp. 

 7618 13th Avenue 

 Brooklyn, NY 11228-2412 

 J.M.C. Contracting Corp. 

 54 Oakdale Street 

 Staten Island, New York 10314 

 /s/ Ann E. Pille 

 Ann E. Pille (ARDC No. 6283759) 

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