Minute Order Forin (06/97)

United States District Court, Northern District of [linois

Name of Assigned Judge
or Magistrate Judge

Suzanne B. Conlon

Sitting Judge if Other
than Assigned Judge

Geraldine Soat Brown

CASE NUMBER 02 C 182 DATE 4/21/2003

CASE Gulf Ins. Co. vs. Peter Maneyski Const. Inc.

TITLE

[In the following box (a) indicate the party fiting the motion, e.g., plaintiff, defendant, 3rd party plaintiff, and (b) state briefly the nature
MoTION: of the motion being presented.]
DOCKET ENTRY:
(1) oO Filed motion of [ use listing in “Motion” box above.]
(2) im Brief in support of motion due
(3) im) Answer brief to motion due. . Reply to answer brief due.
(4) o Ruling/Hearingon set fort
(5) Oo Status hearing[held/continued to] [set for/re-set for] on setfor_ at
(6) a Pretrial conference(held/continued to] [set for/re-set for]on__setfor__—s——at_—
(7) Oo Trial[set for/re-set for}on at
(8) Oo [Bench/Jury trial] [Hearing] held/continuedto_ at.
(9) Oo This case is dismissed [with/without] prejudice and without costs[by/agreement/pursuant to]
COFRCP4(m) Cl Local Rule 41.1 CFRCP41(a)(1) OO FRCP41(a)(2).

ao) {Other docket entry] Report and Recommendation to Hon. Suzanne B. Conion submitted herewith. For

the reasons set out on the reverse of this order, this court respectfully recommends that plaintiff’s motion for
turnover order [32-1] be GRANTED, that citation respondent Golf School District No. 67 be ordered to turn over
to plaintiff the amount of $31,244.00, in partial satisfaction of the judgment entered against the defendants on
4/18/02, and that the District Court enter the draft order attached as Exhibit E to the plaintiff's motion. Specific
written objections to this report and recommendation may be served and filed within 10 business days from the
date that this order is served. Fed. R. Civ. P. 72(a). Failure to file objections with the District Court within the
specified time will result in a waiver of the right to appeal all findings, factual and legal, made by this Court in |
the report and recommendation. Lorentzen v. Anderson Pest Control, 64 F.3d 327, 330 (7" Cir. 1995). wy

(il) [For further detail see Report and Recommendation on the reverse side of the original minute order.] Por

No notices required, advised in open court.

Document
Number

No notices required.

umber of notices

oY | Notices mailed by judge's staff.

Notified counsel by telephone.

PuNOS LNLSIG sn

Docketing to mail notices

Mail AO 450 form.

6OOHY eddy tu
YS | Copy co judge/magistrate judge
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courtroom
MW deputy's
initials

Date/time received in
central Clerk’s Office

mailing depuny initials



(Reserved lor use by the Court)

ORDER

REPORT AND RECOMMENDATION

On April 18, 2002, the District Judge entered a judgment in favor of the plaintiff Gulf
Insurance Co. and jointly and severally against defendants Peter Maneyski Const. Inc, Complete
Home Improvements, Inc., the Porch People, Inc., Forum Construction Group, Ltd., Mieczyslaw
Maneykowski a/k/a Peter Maneyski, Beata Maneykowski and Barbara Tkaczy in the amount of
$180,553.28 plus interest, costs and attorneys’ fees. [10-1.] A citation to discover assets was issued
to Golf School District No. 67 (the “District”), which responded that it is holding funds belonging to
defendant Peter Maneyski Const. Inc. The District also advised the plaintiff of various other claims
against defendant Peter Maneyski Const. Inc. See Affidavit of Gary Longquist, Ex. C to Plaintiff's
Motion for Turnover of Assets. [32-1.] The plaintiff entered into a waiver agreement with the District
in which the District agreed to turn over to the plaintiff the net sum of $31,244 following the entry of
an order directing that turn over. (/d., Ex. D.) The plaintiff then filed Plaintiff's Motion for Turnover
of Assets [32-1], and that motion was referred to this court. This court ordered that any opposition to
the plaintiff's motion or any request for a hearing on the plaintiff's motion must be filed by 4/7/03.
[36-1.] No opposition or request for hearing was filed.

Accordingly, this court respectfully recommends that plaintiff's motion be GRANTED and
Golf School District No. 67 be ordered to turn over to the plaintiff the amount of $31,244.00.' This
court further recommends that the District Court enter the Turn Over Order attached to plaintiff's

motion as Exhibit E. y
phne
Nine

"A turnover order is a final judgment. Sociely of Lloyd's v. Estate of McMurray, 274 F.3d 1133,
1135 (7" Cir. 2001). Absent consent, the Magistrate Judge’s ruling on a motion for a turnover order
must be in the form of a report and recommendation. Michaelson v. Schor, No. 93 C 5124, 1997 WL
282929 (N.D.Iil. Nov. 15, 1996)(Marovich, J.); Michaelson v. Schor, No. 95 C 6573, 1996 WL
478637 (N.D.IIl. Aug. 21, 1996)(Holderman, J.).