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- ilnd;;1:11-cv-05813_de35 RegisterActionDate "2011-12-22" @default.
- ilnd;;1:11-cv-05813_de35 RegisterActionDescriptionText "MINUTE entry before Honorable Edmond E. Chang: Motion hearing held on 12/22/11. For the reasons stated in open court, motion by Bank Midwest, N.A. to intervene 27 is granted in part (intervention is granted under Rule 24(a)) and denied without prejudice in part (the garnishments are, for now, not quashed). In summary, the Court has jurisdiction over this case under 28 U.S.C. § 1963, based on National Renals registration of the Middle District of Tennessee judgment. Execution on the judgment is governed by Federal Rule of Civil Procedure 69, which in turn permits collection efforts under Illinois law (the forums law governs collection procedures, as distinct from the law governing the security agreement between Bank Midwest and the debtor (Gaia Healthcare), namely, Colorado law). Under 735 ILCS 5/12-710, a claimant such as Bank Midwest may intervene and claim the debtors property against the creditor. Bank Midwest does have a security interest with priority over National Renal, but the question is whether Bank Midwest has made sufficient efforts to collect the debt. There is reason to doubt that it has done so, in light of the many tens of thousands of dollars that apparently has been deposited into Gaias bank account with no collection by Bank Midwest. But there does not appear to be sufficient information at this point, so the Court authorizes limited discovery into the issue. Discovery requests must be issued by 12/31/11. It is hoped by the parties and the Court that the parties can present a stipulated set of facts, obviating an evidentiary hearing. But if that is not possible, then the Court will schedule an evidentiary hearing. Status hearing set for 2/2/2012 at 9:00 a.m. Counsel from Tennessee is allowed to appear at next status hearing by telephone. The purpose of the hearing will be to discuss whether the parties wish to hold an evidentiary hearing. In light of the expense of litigation, and in light of the income streams and bank account, it appears to the Court that the parties (including Gaia) should be able to settle this matter to the satisfaction of all parties, without consuming time and expense on further litigation. With no objection by National Renal, Bank Midwest, and Affiliated Dialysis (Maple Avenue did not appear in court), under Federal Rule of Civil Procedure 67(a), Garnishee Affiliated Dialysis and Garnishee Maple Avenue shall deposit the payments owed to GAIA with the Clerk of the Court. Mailed notice (tlp, ) (Entered: 12/22/2011)" @default.
- ilnd;;1:11-cv-05813_de35 AdministrativeID "36" @default.
- ilnd;;1:11-cv-05813_de35 OntologyLabel dismiss_without_prejudice @default.
- ilnd;;1:11-cv-05813_de35 OntologyLabel minute_entry @default.
- ilnd;;1:11-cv-05813_de35 hasReferenceToOtherEntry ilnd;;1:11-cv-05813_de25 @default.