UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

PHYSICIANS HEALTHSOURCE, INC., 

individually and as the representative of a class of 

similarly-situated persons,

Plaintiff,

v.

A-S MEDICATION SOLUTIONS LLC, WALTER 

HOFF and JOHN DOES 1-10,

Defendants.

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Case No.: 12-cv-5105

Hon. Matthew F. Kennelly

PLAINTIFF’S MOTION FOR ENTRY OF JUDGMENT

Plaintiff, Physicians Healthsource, Inc., as representative of the certified Class, respectfully 

states as follows for its Motion for Entry of Judgment:

1. On August 21, 2018, the Court granted summary judgment in favor of the certified

Class1 and against Defendants. Physicians Healthsource, Inc. v. A-S Medication Solutions, LLC, 

324 F. Supp. 3d 973, 983 (N.D. Ill. 2018). The Court held (a) that the Fax was an “unsolicited

advertisement” under the Telephone Consumer Protection Act of 1991 (“TCPA”); (b) that 

Defendants “sent” the Fax using a computer; and (c) that the Fax was “successfully delivered to 

11,422 [fax] numbers.” Id. at 976-79. The only remaining issue was whether Plaintiff would seek 

treble damages for “willful or knowing” violations, or seek the automatic $500 per violation 

imposed by 47 U.S.C. § 227(b)(3).

 1 The Court previously certified the following Class: “All persons or entities who were successfully sent 

the Fax providing ‘A-S Medication Solutions LLC, Quality Service Guaranteed,’ and ‘Ask about our new 

PedigreeRx Solution!,’ between February 10, 2010, and February 28, 2010.” Physicians Healthsource, Inc. 

v. A-S Medication Solutions, LLC, 318 F.R.D. 712, 720, 725 (N.D. Ill. 2016) (Gottschall, J.).

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2. No party to this action has demanded a trial by jury. There is no jury demand in 

Plaintiff’s Complaint, Defendants’ Answer to the Complaint, Plaintiffs’ First Amended 

Complaint, or Defendants’ Answer to the First Amended Complaint. (See Doc. 1-1, Pl.’s Compl. 

at 1–13; Doc. 28, Defs.’ Answer to Compl. at 1–17; Doc. 38, Pl.’s First Am. Compl. at 1–19; Doc. 

42, Defs.’ Answer to First Am. Compl. at 1–23).

3. On October 25, 2018, Plaintiff filed its “Plaintiff’s Statement on Damages,” 

wherein Plaintiff states:

1. Plaintiff seeks on behalf of itself and members of the Class “$500 in damages 

for each such violation” of the Telephone Consumer Protection Act of 1991 

(“TCPA”). 47 U.S.C. § 227(b)(3)(B). 

2. Plaintiff does not and will not ask the Court to find “that the defendant[s] 

willfully or knowingly violated” the TCPA, and Plaintiff does not and will not 

ask the Court to “increase the amount of the award to an amount equal to not 

more than 3 times the amount available under subparagraph (B) of this 

paragraph.” 47 U.S.C. § 227(b)(3).

(Doc. 311). 

4. Plaintiff’s counsel (Wallace C. Solberg) conferred telephonically and via email 

with Defendants’ counsel (Eric Samore and Jacqueline M. Deluca), and Defendants have no 

objection to the content or to the filing of “Plaintiff’s Statement on Damages.” (See Declaration of 

Wallace C. Solberg, attached hereto as Exhibit 1, at ¶¶ 4-6). 

5. Because Defendants’ liability was already established in the Court’s order granting 

summary judgment, and because the $500 statutory damages is automatic, there is no issue on 

which to hold a bench trial. See Holtzman v. Turza, 728 F.3d 682, 683 (7th Cir. 2013) (“Turza I”).

6. Rather, under Turza I, 728 F.3d at 683, the Court should now enter judgment on 

behalf of Plaintiff Physicians Healthsource, Inc., individually and as representative of the Class 

against Defendants A-S Medical Solutions, LLC and Walter Hoff, in the amount of $5,709,000

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($500 per violation for each of the 11,4182 violations). (A copy of the Judgment entered in Turza 

I is attached as Exhibit 2).

7. Pursuant to Holtzman v. Turza, 828 F.3d 606, 608 (7th Cir. 2016) (“Turza II”),

following entry of Judgment, the Court should order Defendants to pay $5,709,000 ($500 x

11,418) into the Court’s registry as “security for payment” to class members.

8. Following the deposit of the security, Plaintiff will file a petition for attorney fees, 

expenses, and incentive award to Plaintiff. Following entry of an Order regarding same, Plaintiff 

shall then seek an Order for Distribution of Judgment Funds, directing the administrator retained 

by Plaintiff’s Counsel, Class-Settlement.com, to send mail notice allowing class members to 

“spurn the money” if they wish. See also Holtzman v. Turza, 701 Fed. App’x 506, 507 (7th Cir. 

2017) (“Turza III”) (approving notice asking “whether [each class member] wants to claim the 

recovery (with nonresponse implying consent) and to update any details necessary to ensure that 

checks reach the correct addresses”). (A copy of the Amended Order for Distribution of Judgment 

Funds following Turza II, affirmed in Turza III, is attached as Exhibit 3; a copy of the Amended 

Order for Distribution of Judgment Funds following Turza III (changing distribution dates), is 

attached as Exhibit 4). 

WHEREFORE, the Court should:

(a) enter judgment for the Class in the amount of $5,709,000 ($500 per violation for each 

of the 11,418 violations), pursuant to 47 U.S.C. § 227(b)(3); 

(b) order Defendants to pay $5,709,000 to the Court’s registry as security for payment to 

class members; 

 2 Three class members, who received a total of four faxes, opted out of the Class after receiving notice of 

class certification, making the total number of violations at issue 11,418. 

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(c) set a deadline for Plaintiff to file its petition for attorney fees, expenses, and incentive 

award; 

(d) vacate the December 10, 2018 trial date and all pretrial deadlines. 

Respectfully submitted,

PHYSICIANS HEALTHSOURCE, INC., 

individually and as the representative of a class of 

similarly-situated persons

By: /s/ Wallace C. Solberg

One of the Attorneys for Plaintiff and the Class

Brian J. Wanca

Ryan M. Kelly

Wallace C. Solberg

Ross M. Good

ANDERSON + WANCA

3701 Algonquin Road, Suite 500

Rolling Meadows, IL 60008

Telephone: 847/368-1500

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CERTIFICATE OF SERVICE

I hereby certify that on October 26, 2018, I electronically filed the foregoing with the Clerk 

of the Court using the CM/ECF system which will send notification of such filing to all attorneys 

of record.

/s/ Wallace C. Solberg

Wallace C. Solberg

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