IN THE UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION 

REAL LIVING REAL ESTATE, LLC formerly 

known as GMAC REAL ESTATE, LLC, 

 Petitioner, 

 v. 

ALLEGIANT, LLC d/b/a ALLEGIANT 

REALTY GMAC REAL ESTATE, ANDREW J. 

SKUBITZ, and BETTY M. SKUBITZ, 

 Respondents. 

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Judge Robert W. Gettleman 

Case No. 12-CV-00965 

MOTION FOR CONFIRMATION AND ENTRY OF JUDGMENT 

 Petitioner and Claimant in the underlying arbitration REAL LIVING REAL ESTATE, 

LLC formerly known as GMAC Real Estate, LLC (“GMAC”), by its undersigned attorney, 

respectfully moves this Court to confirm the October 12, 2011 arbitration award of Paul 

Bernstein (“the Award”) and enter judgment on behalf of GMAC pursuant to the Federal 

Arbitration Act (“the FAA”), § 9 and § 13. In support of its motion, GMAC relies on all matters 

of record and further states as follows: 

1. Following an arbitration hearing in Chicago, Illinois, an arbitration award was 

issued on October 12, 2011 in favor of GMAC and against the Respondents, by Arbitrator Paul 

Bernstein in American Arbitration Association Case No. 51 115 01212 08. GMAC filed a 

Petition to Confirm Arbitration Award and Enter Judgment on February 10, 2012 (Doc. 1). 

2. None of the Respondents are residents of Illinois. Accordingly, on February 15, 

2012, Petitioner filed a motion, pursuant to Section 9 of the FAA, to direct the U.S. Marshal to 

serve each Respondent with Petitioner’s Petition to Confirm Arbitration Award and Enter 

Judgment and Summons (Doc. 6), and the Court granted the motion (Doc. 9). The U.S. Marshal 
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personally served each Respondent on March 14, 2012, by delivering the Summons and Petition 

to counsel for Respondents, Boyd W. Howard, 727 N. Waco Street, Suite 165, Wichita, Kansas. 

(Docs. 10, 11, and 12.) 

3. The Petition establishes that all the prerequisites for an order to confirm the 

Award and, adjusting for prejudgment interest commencing ten days from and after the October 

12, 2011, date of the award at 12% per annum, as set forth below: 

 Description Date Amount 

Arbitration Amount Due from Andrew and 

Betty Skubitz

October 12, 2011 to 

October 22, 2011 

$286,312.18 

Prejudgment Interest (12% from 10/22/2011 

to 4/17/2012) 

April 17, 2012 $16,755.15 

Total $303,067.33 

Description Date Amount 

Amount Due from ALLEGIANT, LLC October 12, 2011 to 

October 22, 2011 

$519,425.89 

Prejudgment Interest (12% from 10/22/2011 

to 4/17/2012) 

April 17, 2012 $30,397.09 

Total $549,822.98 

4. The sum awarded to GMAC from ANDREW SKUBITZ and BETTY SKUBITZ 

is included in the award to GMAC from ALLEGIANT, LLC and is subject to a dollar for dollar 

deduction to the extent such amounts are paid by Allegiant. 

5. The Award further provides that “Respondent shall pay to Claimant [GMAC] the 

sum of $2300, representing that potion of [administrative fees and expenses] in excess of the 

apportioned costs previously incurred by Claimant [GMAC].” 

6. GMAC entitled to and seeks post-judgment interest as provided for by 28 U.S.C. 

§ 1961 for any time period between the entry of final judgment and the date upon which GMAC 

receives payment. 
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7. A copy of the proposed order is attached hereto and will be submitted 

electronically using the Court’s e-mail address for proposed orders, with the appropriate postjudgment interest rate for the week ending April 6, 2012 in accordance with 28 U.S.C. 1961. 

8. All of the papers, required to be filed under Section 13 of the FAA,1 have been 

filed as follows: 

• A copy of the agreement to arbitrate (Petition Ex. 1, Doc 1-2); 

• A copy of the October 12, 2011 Award of Paul Bernstein (Petition Ex. 4, Doc 1-5); 

• Notice regarding time of the making of the Award (Petition Ex. 6, Doc. 1-7); 

• Rules regarding the time to make the award (Petition Ex. 7, Doc. 1-8); 

• Notice of the petition and summons to respondents by proof of service by the United 

States Marshall in accordance with 9 U.S.C. § 9 (Docs. 10, 11, and 12). 

 WHEREFORE, Petitioner REAL LIVING REAL ESTATE, LLC formerly known as 

GMAC REAL ESTATE, LLC respectfully requests this Court confirm the October 12, 2011, 

Arbitration Award of Paul Bernstein and enter judgment against all Respondents. 

April 10, 2012 Respectfully submitted, 

 By: /s/ Paul J. Ripp 

 One of the Attorneys for Petitioner 

Eric R. Lifvendahl (ARDC 6211539) 

erl@willmont.com 

Paul J. Ripp (ARDC 6281001) 

pjr@willmont.com 

WILLIAMS MONTGOMERY & JOHN LTD. 

Attorneys for Petitioner 

233 South Wacker Drive, Suite 6100 

Chicago, IL 60606 

Phone: (312) 443-3200 / Fax: (312) 630-8530 

 

1 Section 13 of the FAA provides for the filing of the following papers: a) The agreement; the selection or 

appointment, if any, of an additional arbitrator or umpire; and each written extension of the time, if any, within 

which to make the award. (b) The award. (c) Each notice, affidavit, or other paper used upon an application to 

confirm, modify, or correct the award, and a copy of each order of the court upon such an application.
CERTIFICATE OF SERVICE 

I, Paul J. Ripp, an attorney, hereby certify that I electronically filed the foregoing Motion 

for Confirmation and Entry of Judgment, using the Court’s CM/ECF electronic filing system, 

and served these documents on Defendants, in care of their counsel, Boyd W. Howard, at the 

name and addresses listed below, by email and via overnight mail from the offices of Williams 

Montgomery & John, Ltd., 233 South Wacker Drive, Suite 6100, Chicago, Illinois 60606, on 

April 10, 2012. 

 /s/ Paul J. Ripp 

Service List: 

Allegiant, LLC 

c/o Boyd W. Howard 

727 N. Waco St., Suite 165 

Wichita, KS 67203 

Phone: 316 263-5267 

Fax: 316 267-4331 

bwhoward@prodigy.net 

Andrew Skubitz 

c/o Boyd W. Howard 

727 N. Waco St., Suite 165 

Wichita, KS 67203 

Phone: 316 263-5267 

Fax: 316 267-4331 

bwhoward@prodigy.net 

Betty Skubitz 

c/o Boyd W. Howard 

727 N. Waco St., Suite 165 

Wichita, KS 67203 

Phone: 316 263-5267 

Fax: 316 267-4331 

bwhoward@prodigy.net 

 

DocID#1045091