IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

THOMAS ADAMS, )

)

Plaintiff, )

vs. )

) No. 02 C 8700

RICHARD CATRAMBONE and )

GREAT LAKES BUILDING ) Magistrate Judge Maria Valdez

MATERIALS, INC., )

)

Defendants. )

MOTION TO LIFT STAY OF PROCEEDINGS

The plaintiff, Thomas Adams, by his attorneys, Carlton Odim and Jeffrey 

Antonelli, moves the court for an order lifting the stay of proceedings imposed by this 

court on September 28, 2011. In support of this motion the Plaintiff states: 

1. This case is in its post-judgment phase, the court having entered final 

judgment in favor of the plaintiff on September 10, 2010 [Docket # 277].

2. On September 16, 2011 the plaintiff filed petitions to cancel fraudulent 

transfers, petitions for preliminary injunction and a petition for a temporary restraining 

order. [Docket #'s 323 - 328]. The court issued a temporary restraining order on 

September 21, 2011, allowed the defendant until September 28, 2011 to respond to the 

pending petitions, and scheduled the hearing on the preliminary injunction petitions for 

September 29, 2011. [Docket # 332]

3. On September 28, 2011 the court ordered that "[t]his case is hereby stayed 

until further order of court" [Docket # 336], because the defendant filed for bankruptcy 

[Docket # 335].

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Case: 1:02-cv-08700 Document #: 338 Filed: 05/24/13 Page 1 of 10 PageID #:1954
4. On April 10, 2013, the bankruptcy court, after a trial on plaintiff's 

adversary complaint,1 refused to discharge Catrambone's obligation under this court's 

December 10, 2010 judgment and instead entered judgment in favor of Thomas Adams. 

A copy of the court's judgment is attached as Exhibit 1.

5. Catrambone timely filed an appeal of the bankrupcy court's adversary 

judgment.

6. The enforcement of a final judgment order entered in an adversary 

proceeding is automatically stayed from enforcement for 14 days following their entry 

unless the bankruptcy court orders otherwise. See Fed. R. Bank. P. 7062, Fed. R. Civ. P. 

62(a). 

7. To stay the execution of a judgment as a matter of right, the defendant 

must provide a supersedeas bond at or after filing a notice of appeal. Fed. R. Bank. P. 

8005 provides that “[a] motion for a stay of the judgment, order, or decree of a 

bankruptcy judge, for approval a supersedeas bond, or for other relief pending appeal 

must ordinarily be presented to the bankruptcy judge in the first instance.” Fed. R. Bank. 

P. 8005. 

8. More than 14 days have passed since the bankruptcy court entered 

judgment against Catrambone and he has not filed a supersedeas bond.

9. Thomas Adams wishes to proceed with his post-judgment remedies 

against Catrambone in the instant case, particularly the petitions filed with this court on 

September 16, 2011 to cancel fraudulent transfers, petitions for preliminary injunction 

and a petition for a temporary restraining order. [Docket #'s 323 - 328].

1

Thomas Adams v. Richard Catrambone, Sr., 11 A 02673 (USBC ND Illinois)

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Case: 1:02-cv-08700 Document #: 338 Filed: 05/24/13 Page 2 of 10 PageID #:1955
WHEREFORE, Thomas Adams respectfully requests that this Court enter an 

order lifting the stay it imposed on September 28, 2011 and enter such further and related 

orders as the court sees fit.

Respectfully submitted, 

Thomas Adams

By: /s/ Carlton Odim 

Odim Law Offices

225 West Washington Street

Suite 2200

Chicago, Illinois 60606

(312) 578-9390

By: /s/ Jeffrey Antonelli 

Law Office of Jeffrey J. Antonelli, Ltd.

30 North La Salle Street

Suite 3400

Chicago, IL 60602

(312) 201-8310 

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Case: 1:02-cv-08700 Document #: 338 Filed: 05/24/13 Page 3 of 10 PageID #:1956
EXHIBIT 1

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Case: 1:02-cv-08700 Document #: 338 Filed: 05/24/13 Page 4 of 10 PageID #:1957
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