UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION 

ALLIED VAN LINES, INC., ) 

a Delaware Corporation ) 

 ) 

 Plaintiff, ) Case No. 04 C 6004 

 ) 

 vs. ) Judge Zagel 

 ) 

ORTH VAN AND STORAGE, INC., ) Magistrate Judge Soat Brown 

and ALAN L. MEDINA and ) 

DIANE AQUINO-MEDINA ) 

 ) 

 Defendants. )

MOTION FOR ACCELERATED JUDGMENT 

PURSUANT TO SETTLEMENT AGREEMENT 

Plaintiff, Allied Van Lines, Inc., by and through its attorneys, Dombroff Gilmore Jaques 

& French, P.C., hereby requests this Honorable Court to enter judgment against the Defendants, 

pursuant to the Parties’ Settlement Agreement. In support of this Motion, Plaintiff states: 

1. Plaintiff filed this lawsuit on September 14, 2004. 

2. Jurisdiction was based upon diversity of citizenship and an amount in controversy 

in excess of $75,000. 

3. The Parties reached a confidential settlement in this matter1, brokered by the 

Honorable Magistrate Judge Bobrick (ret.), in which Defendants were to pay 

Plaintiff the total sum of $50,000.00 by way of one lump sum payment of $25,000 

(the “Lump Sum Payment”), followed by monthly payments of $250.00 (the 

“Monthly Payments”). 

 

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 Rather than filing the settlement agreement under seal or as restricted, Plaintiff’s attorney 

will produce the same at the motion presentment for the Court’s in camera review. 
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4. The settlement further provided that in the event of non-payment from 

Defendants, Plaintiff would provide Defendants with a two (2) week notice of 

failure, and then Defendants would have two (2) weeks to cure payment. In the 

event Defendants failed to cure payment, then an accelerated judgment would be 

entered against Defendants Alan Medina and Diane Medina for $180,000 less

amounts previous paid. 

5. The Parties executed the settlement and then entered Rule 41(a)(1)(ii) stipulation 

of dismissal without prejudice in which the Court would retain jurisdiction to 

enforce the terms of the Parties’ settlement agreement. A copy of the stipulation 

is attached hereto as Exhibit “1”. 

6. On January 26, 2007, the Court dismissed this action without prejudice pursuant

to the Parties’ stipulation. A copy of the dismissal order is attached hereto as 

Exhibit “2”. 

7. To date, Defendants have only made the Lump Sum Payment of $25,000. 

8. Defendants have failed to make any Monthly Payments. 

9. On February 16, 2007, Plaintiff’s attorney advised Defendants, through their 

attorney, of their failure to submit its first $250 Monthly Payment. See letter to 

Defendants’ attorney attached hereto as Exhibit “3”. 

10. On February 26, 2007, Defendants’ attorney gave Plaintiff’s attorney permission 

to contact Defendants directly regarding the failure to make Monthly Payments. 

See February 26, 2007 email from Defendants attorney to Plaintiff’s attorney 

attached hereto as Exhibit “4”. 
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11. On March 5, 2007, Plaintiff’s attorney spoke with Alan Medina, via telephone, 

and Medina advised that both the February and March Monthly Payments would 

be made shortly. See Declaration of Jonathan P. Stringer attached hereto as 

Exhibit “5”. 

12. On March 27, 2007, Plaintiff’s attorney left Alan Medina a voicemail regarding 

Medina’s failure to submit Monthly Payments for February and March, and 

requested Medina call him back to discuss the payments. See Declaration of 

Jonathan P. Stringer attached hereto as Exhibit “5”. 

13. On March 29, 2007, Defendants still had not made a Monthly Payment and did 

not return Plaintiff’s attorney’s March 27, 2007 voicemail. Accordingly, on 

March 29, 2007, Plaintiff’s attorney again advised Defendants of their failure to 

tender a Monthly Payment. See letter to Alan Medina attached hereto as Exhibit 

“6”. 

14. In addition, Plaintiff’s attorney telephoned Alan Medina on March 29, 2007 

regarding his failure to submit Monthly Payments. See Declaration of Jonathan P. 

Stringer attached hereto as Exhibit “5”. 

15. To date, Defendants have failed to contact Plaintiff’s attorney regarding their 

failure to make the Monthly Payments. 

16. Likewise, despite receiving notice of their failure to make Monthly Payments, 

Defendants have failed to cure the same. 

17. As a result, Plaintiff is entitled to an accelerated judgment for $155,000 (i.e., 

$180,000 less payment of $25,000) pursuant to the terms of the Parties’ 

settlement. 
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WHEREFORE, for the foregoing reasons, the Plaintiff, Allied Van Lines, Inc., 

respectfully requests that Court enter a judgment against the Defendants, ORTH VAN AND 

STORAGE, INC., and ALAN L. MEDINA and DIANE AQUINO-MEDINA, in the amount of 

$155,000.00, and for such other relief the Court deems just and proper. 

Dated: July 9, 2007 

Respectfully submitted, 

 ALLIED VAN LINES, INC., PLAINTIFF

By: s/ Jonathan Stringer . 

Jonathan P. Stringer 

ARDC No. 6276011 

Dombroff Gilmore Jaques & French, P.C. 

10 South La Salle Street, Suite 1120 

Chicago, Illinois 60603 

Tel: (312) 781 – 0200 

Attorneys for Plaintiff 

 

CERTIFICATE OF SERVICE

The undersigned attorney deposes and states that a copy of the foregoing document, was 

served upon: 

Christopher C. Kendall Alan & Diane Medina 

The Law Office of Christopher C. Kendall, P.C. 22909 Vose Street 

77 West Wacker Drive, Suite 4800 West Hills, CA 91307 

Chicago, Illinois 60601-1664 

by depositing same in the U.S. Mail on the 10th day of July, 2007 from 10 South LaSalle Street, 

Chicago, Illinois 60603; and that on July 10, 2007, I filed this document with the Clerk of the 

Court using the CM/ECF system which sent notification of such filing to counsel of record. 

s/ Jonathan Stringer .

 Jonathan Stringer 

ARDC 6276011