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10G5887

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

U.S. BANK NATIONAL ASSOCIATION,

Plaintiff,

v.

CAPITAL REALTY & DEVELOPMENT, 

LLC, an Illinois limited liability company; and 

RICHARD P. TURASKY, JR., individually,

Defendants.

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Case No.: 12-cv-5598

Assigned Judge: Milton I. Shadur

U.S. BANK NATIONAL ASSOCIATION’S MOTION FOR ENTRY OF AN ORDER 

MODIFYING CERTAIN CHARGING ORDERS AND FOR TURNOVER

NOW COMES U.S. Bank National Association (“U.S. Bank”), by Robbins, Salomon & 

Patt, Ltd., its attorneys, and for its Motion for Entry of an Order Modifying Certain Charging 

Orders and for Turnover, states as follows:

1. On November 28, 2012, this Court entered a judgment in favor of U.S. Bank and 

against Capital Realty & Development, LLC and Richard P. Turasky, Jr., individually, 

(collectively, “Judgment Debtors”), jointly and severally in the amount of $1,421,268.15, plus 

interest at the rate of $383.31 per day from October 9, 2012 until the date the judgment is 

satisfied in full, in addition to attorneys’ fees and costs in the amount of $15,517.61 and $610.00.

2. On August 26, 2013 this Court entered an Order Entering Charging Orders 

against Judgment Debtor Turasky’s alleged interests in various limited liability companies as set 

forth in the Order (the “Charging Order”). [Doc. No. 60].

3. The Charging Order charged Turasky’s alleged distributional interest in various 

entities, including but not limited to Country Club Homes, LLC.
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10G5887

4. Country Club Homes, LLC is the owner of record of a home located at 5N753 

Sycamore Avenue, Medinah, Illinois 60157 (the “Medinah Home”). The Medinah Home is 

currently under contract for a sale price of $575,000.00, with estimated net proceeds of 

$498,000.00 to be disbursed to Country Club Homes, LLC or its assigns upon closing of the sale. 

Plaintiff has been advised that a closing is scheduled to take place on Friday, January 23, 2015 at 

11:30 a.m.

5. Plaintiff is also advised that Turasky has managerial authority over the operations 

of Country Club Homes, LLC and seeks to sell the Medinah Home and to further cause the net 

proceeds of that sale to be transferred to Plaintiff. However, Turasky has purportedly conditioned 

payment of the proceeds to Plaintiff upon Plaintiff’s agreement to apply the net proceeds to a 

previously negotiated, but long since expired, settlement amount instead of the outstanding 

judgment balance.

6. On or about July 11, 2014, Plaintiff and Judgment Debtors entered into a 

confidential Settlement and Release Agreement wherein the parties agreed they would cooperate 

with one another to the extent reasonably necessary, including modification of the Charging 

Order, to liquidate certain assets to effectuate the payment required by the Settlement Agreement 

on or before a date certain. 

7. Subsequent to the entry of the Settlement Agreement, Judgment Debtors failed to 

make the full settlement payment within the time period set forth therein. The Settlement 

Agreement has never been modified to extend the period for payment and because the Settlement 

Agreement has been materially breached, Plaintiff is entitled to recover and is under no 

obligation to apply partial payments to any amount due other than the outstanding judgment 

amount.
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10G5887

8. Plaintiff has agreed to cooperate and consent to the modification of the Charging 

Order against Country Club Homes, LLC so that Country Club Homes, LLC may sell the 

Medinah Home to a third party to occur on January 23, 2015. However, Plaintiff requests this 

Court enter a concurrent turnover order of all net proceeds from the sale to Plaintiff in partial 

satisfaction of the outstanding judgment amount.

9. Accordingly, Plaintiff requests the Court to enter an Order modifying the 

Charging Order against Country Club Homes, LLC sufficient to permit the sale to close, and 

enter an Order directing Country Club Homes, LLC to promptly direct the net proceeds of the 

sale to be turned over to Plaintiff, which Plaintiff will then apply towards the outstanding 

judgment balance.

WHEREFORE, U.S. Bank National Association respectfully requests that this Court 

enter the Proposed Order Modifying Charging Orders in the form attached hereto as Exhibit 1, 

deny any Motion brought by Judgment Debtors attempting to condition payment of the proceeds 

of the sale upon an agreement by Plaintiff to revive or otherwise modify the Settlement 

Agreement, and for any further 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, IL 60601

(312) 782-9000 Telephone

(312) 782-6690 Facsimile

vborst@rsplaw.com

ccooke@rsplaw.com
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10G5887

CERTIFICATE OF SERVICE

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

BANK NATIONAL ASSOCIATION’S MOTION FOR ENTRY OF AN ORDER 

MODIFYING CERTAIN CHARGING ORDERS AND FOR TURNOVER upon the parties 

listed below, via electronically filing same with the Clerk of the Court using the CM/ECF system 

on July 24, 2014, which will send a copy of said filing to all counsel of record by electronic mail 

as follows:

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