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United States District Court, Northern District of Illinois

Name of Assigned Judge James B. Moran Sitting Judge if Other

or Magistrate Judge than Assigned Judge

CASE NUMBER 02 C 6307 DATE 11/4/2003
CASE JOSE AYALA & MARIA AYALA vs. SONNENSCHEIN FINANCIAL SERVICES,
TITLE
[In the following box (a) indicate the party filing the motion, e.g., plaintiff, defendant, 3rd party plaintiff, and (b) state briefly the nature
MOTION: of the motion being presented.)
MEMORANDUM OPINION AND ORDER

DOCKET ENTRY:

qa) Qo Filed motion of [ use listing in “Motion” box above.]

(2) ao Brief in support of motion due _

(3) a Answer brief to motion due . Reply to answer brief due.

(4) a Ruling/Hearing on set for at

(5) im Status hearing{held/continued to] [set for/re-set for] on set for at

(6) im) Pretrial conference[held/continued to] [set for/re-set for] on set for at .

(7) Oo Trial[set for/re-set for] on at

(8) a [Bench/Jury trial] [Hearing] held/continued to at

(9) Oo This case is dismissed [with/without] prejudice and without costs[by/agreement/pursuant to]

OFRCP4(m) OLocal Rule 41.1 OFRCP41(a)(1) CO FRCP41(a)(2).

(0) = [Other docket entry] _ Enter Memorandum Opinion And Order. The contract is hereby rescinded
and any amount purportedly owed to American Resorts is cancelled. If Sonnenschein shall hereafter
successfully claim that plaintiffs are liable to it in any amount, American Resorts shall be liable to
plaintiffs for that amount and for any fees and costs they may incur. We award compensatory damages
to the plaintiffs and against American Resorts in the amount of $790, punitive damages in the amount of
$20,000, and fees and costs in the amount of $6,917.

dai {For further detail see order attached to the original minute order.]

No notices required, advised in open court.
No notices required. number of notices
Notices mailed by judge's staff, .
Notified counsel by telephone. 19.2003
o | Docketing to mail notices.
7 | Mail 0450 fom, eins dine
Copy to judge/magistrate judge.

courtroom
deputy’s
initials

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Date/time reveivedin
central Clerk's Office

mailing deputy initials



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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION
JOSE AYALA and MARIA AYALA, )
)
Plaintiffs, )
)
vs. ) No. 02 C 6307

)
SONNENSCHEIN FINANCIAL SERVICES, )
INC., and AMERICAN RESORTS )
INTERNATIONAL, LTD., )
)

Defendants. ) Ley

Noy 0 Tl (71)
MEMORANDUM OPINION AND ORDER 5 2099

Plaintiffs sued Sonnenschein Financial Services, Inc. (Sonnenschein) and American
Resorts International, Ltd. (American Resorts), claiming that they were hoodwinked into
entering into a time-share contract and that Sonnenschein was seeking to collect $14,821.
American Resorts was served but never appeared. A motion for default as to liability was
granted March 11,2003. Sonnenschein was probably never properly served and may not even
exist except as a purported collector for American Resorts. Because its rights might be
adversely impacted by a default judgment against American Resorts, we delayed entering that
judgment. Plaintiffs have now concluded that Sonnenschein, even if it exists and can be found,
is unlikely to have any assets, and they wish to conclude the matter with American Resorts.

And we do so. The contract is hereby rescinded and any amount purportedly owed to
American Resorts is cancelled. If Sonnenschein shall hereafter successfully claim that
plaintiffs are liable to it in any amount, American Resorts shall be liable to plaintiffs for that

amount and for any fees and costs they may incur. We award compensatory damages to the



No. 02 C 6307 Page 2

plaintiffs and against American Resorts in the amount of $790, punitive damages in the

amount of $20,000, and fees and costs in the amount of $6,917.

JAMES B. MORAN
Senidt Judge, U. S. District Court

Nov. 4, 2003.