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JT8245

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

U.S. BANK NATIONAL ASSOCIATION, )

)

Plaintiff, ) Case No. 12-cv-5598

)

v. ) Judge Hon. Milton I. Shadur

)

CAPITAL REALTY & DEVELOPMENT ) Magistrate Judge Hon. Jeffery Cole

LLC and RICHARD P. TURASKY, JR., )

)

Defendants. )

U.S. BANK NATIONAL ASSOCIATION’S AMENDED

MOTION FOR ENTRY OF RULE TO SHOW CAUSE ORDER

Plaintiff, U.S. Bank National Association (“U.S. Bank”), by Vincent T. Borst, Catherine 

A. Cooke and Robbins, Salomon & Patt, Ltd., its attorneys, for its Amended Motion for Entry of 

a Rule to Show Cause Order against Defendants/Judgment Debtors Capital Realty & 

Development, LLC (“Capital Realty”) and Richard P. Turasky, Jr. (“Turasky”) (collectively, 

“Judgment Debtors”), states as follows:

1. On January 14, 2014, U.S. Bank filed its Motion for Entry of a Rule to Show 

Cause Order against Judgment Debtors [Doc. No. 98] (the “Rule to Show Cause Motion”), a 

copy of which is attached hereto as Exhibit 1 and incorporated herein.

2. Despite acceptance of the Citation to Discover Assets over ten (10) months ago 

on July 2, 2013, since the filing of the Rule to Show Cause Motion, Judgment Debtors have not 

produced any additional documents identified as missing from their document production.

3. As a result of the Judgment Debtors continued non-compliance with the Citation 

Order and failure to produce all documents requested therein, U.S. Bank cannot fully inform 

itself of Judgment Debtors’ assets and liabilities and has been unable to conduct an oral 

examination of Turasky as authorized by the Citation.

Case: 1:12-cv-05598 Document #: 104 Filed: 05/16/14 Page 1 of 3 PageID #:982
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JT8245

4. Accordingly, U.S. Bank renews its request for this Court to enter an Order for 

Rule to Show Cause as to why Capital Realty and Turasky should not be held in contempt for 

failure to abide by the terms of the Citation Order. 

WHEREFORE, for the foregoing reasons and those set forth in U.S. Bank’s Motion for 

Entry of a Rule to Show Cause Order against Judgment Debtors [Doc. No. 98], U.S. Bank 

respectfully requests that this Court enter the following relief:

a. Enter an order for Rule to Show Cause against Capital Realty and Turasky as to why 

they should not be held in contempt of Court for failure to fully comply with the 

Court’s Citation to Discover Assets Order;

b. Enter an order compelling full production of all documents requested in the Citation 

to Discover Assets within seven (7) days of presentment of the instant Motion;

c. Enter an order awarding U.S. Bank its attorneys’ fees and costs incurred in bringing 

the instant Motion; and

d. For any other appropriate relief as this Court deems just.

U.S. BANK NATIONAL ASSOCIATION

By: /s/ Vincent T. Borst

 One of Its Attorneys

Vincent T. Borst (ARDC No. 06192904)

Catherine A. Cooke (ARDC No. 6289263)

Robbins, Salomon & Patt, Ltd.

180 North LaSalle Street, Suite 3300

Chicago, Illinois 60601

(312) 782-9000 - Telephone

(312) 782-6690 - Facsimile

vborst@rsplaw.com

ccooke@rsplaw.com

Case: 1:12-cv-05598 Document #: 104 Filed: 05/16/14 Page 2 of 3 PageID #:983
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JT8245

CERTIFICATE OF SERVICE

The undersigned, an attorney, certifies that he served a true copy of the above U.S. 

BANK NATIONAL ASSOCIATION’S AMENDED MOTION FOR ENTRY OF RULE 

TO SHOW CAUSE ORDER upon the parties listed below, via electronically filing same with 

the Clerk of the Court using the CM/ECF system, on May 16, 2014, which will send a copy of 

said filing to all counsel of record.

Craig Edward Donnelly 

Roberts McGivney Zagotta LLC 

55 West Monroe 

Suite 1700 

Chicago, IL 60603 

cdonnelly@rmczlaw.com

Lawrence W. Byrne

Trent P. Cornell

Pedersen & Houpt

161 N. Clark St.

Suite 3100

Chicago, IL 60606

lbyrne@pedersenhoupt.com

tcornell@stahlcowen.com

By: /s/ Vincent T. Borst 

Case: 1:12-cv-05598 Document #: 104 Filed: 05/16/14 Page 3 of 3 PageID #:984