IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

UNITED STATES SMALL BUSINESS 

ADMINISTRATION, AS RECEIVER FOR 

CARDINAL GROWTH, L.P.,

 Plaintiff,

 v.

VINCENT JOHN GOODWIN, a.k.a. V. JOHN 

GOODWIN; GOLDCREST DISTRIBUTION, LTD., 

a British Virgin Islands corporation; JUNKEI LIN, 

a.k.a. LIN SHUNQING; DAVID LUBECK; 

JEANNE LUBECK; BRUCE RUZGIS; the 

TIMOTHY K. OZARK REVOCABLE TRUST;

TIMOTHY K. OZARK; and MARK CARR,

 

 Defendants.

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Civil Action No. 12-cv-4133

RECEIVER’S AGREED MOTION FOR 

ENTRY OF JUDGMENT BASED ON STIPULATION

NOW COMES the United States Small Business Administration as Receiver for Cardinal 

Growth, L.P. (the “Receiver”), by and through its counsel, Senak Keegan Gleason Smith & 

Michaud, Ltd., and pursuant to Federal Rule of Civil Procedure 58(d), hereby moves the Court 

for the entry of an Order of Judgment against Defendant Mark Carr (“Mr. Carr”), based on a 

Stipulation between the Receiver and Carr. In support of this motion, the Receiver states as 

follows: 

1. On June 16, 2011, the Honorable Ruben Castillo appointed the U.S. Small 

Business Administration as Receiver to Cardinal Growth, L.P. (“Cardinal Growth”) in the case 

captioned United States of America v. Cardinal Growth, L.P., Case No. 1:11-cv-4071 in the U.S. 

District Court for the Northern District of Illinois. The Consent Order for Receivership has been 

attached to the Complaint in the instant action as Exhibit 1. [Docket # 1-1, p. 2-7].

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2. On May 27, 2012, the instant litigation (the “Unfunded Litigation”) was instituted 

by the Receiver against the Private Limited Partners of Cardinal Growth who failed to fulfill 

their obligations to make capital contributions to Cardinal Growth, so the Receiver may collect

the balances of the unfunded capital commitments due under the Limited Partnership Agreement, 

in accordance with the Consent Order for Receivership.

3. Shortly before May 15, 2012, the Receiver and Mr. Carr entered into a Stipulation 

and Agreed Order of Judgment (“Stipulation”) in the amount of $25,289.52. That Stipulation and 

Agreed Order of Judgment has been attached hereto as Exhibit A. 

4. The Stipulation refers to the parties separate written settlement agreement, which 

calls for Mr. Carr to make 24 monthly payments, in the amount of $1,1053.73, on the 15th of 

each month. After the Stipulation was prepared and executed, Mr. Carr made two such payments 

(on May 15, 2012 and June 15, 2012) as called for under the settlement agreement.

5. Accordingly, in view of Mr. Carr’s payments, the Receiver seeks a judgment in 

the amount of $23,182.06, a lower amount than the $25,289.52 reflected in the Stipulation 

executed by Mr. Carr and the Receiver.

6. Therefore, the amount of $23,182.06 should be entered as a judgment against Mr. 

Carr, reflecting his payments referenced in Paragraph 4 above. The Receiver has accordingly 

drafted a Revised Proposed Agreed Order of Judgment Based on Stipulation and attached the 

same as Exhibit B hereto.

WHEREFORE, based on the foregoing, the United States Small Business Administration 

as Receiver for Cardinal Growth, L.P., respectfully requests that this Honorable Court enter an 

Order of Judgment against Defendant Mark Carr in the amount of $23,182.06, and make an 

express finding that there is no just reason to delay enforcement of such judgment within the 

meaning of Federal Rule of Civil Procedure 54(b).

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Respectfully submitted,

By: /s/ Arlene P.Messinger

Arlene P. Messinger 

Office of General Counsel 

U.S. Small Business Administration 

409 Third Street, S.W., Seventh Floor 

Washington, D.C. 20416 

(202) 205-6857

By: /s/ Thomas A. Smith

Thomas A. Smith

Thomas B. Keegan

SENAK KEEGAN GLEASON

SMITH & MICHAUD, LTD.

621 South Plymouth Court, Suite 100

Chicago, IL 60605

(312) 214-1400

Attorneys for the United States Small 

Business Administration as Receiver for

Cardinal Growth, L.P.

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