Janssen v. Reschke et al
| Ash Janssen |
| Michael Reschke and Bobb/AAR Investments, LLC |
| 1:2017cv08625 |
| November 29, 2017 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| Cook |
| Rebecca R. Pallmeyer |
| Other Contract |
| 28 U.S.C. ยง 1332 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
103
MEMORANDUM Opinion and Order. The Representation Letter signed by Plaintiff Janssen and received by Defendants Reschke and Bobb after this court's ruling on Defendants' motion for summary judgment clarifies the summary judgment record as it relates to the issue of BRI Holding's solvency at the time of the alleged fraudulent transfer to Defendants. In light of the Representation Letter, the court concludes that there is no genuine a genuine issue for trial. This determination aff ects Count I of Plaintiff Janssen's amended complaint, and the court enters summary judgment in favor of Defendants on that Count only. Defendants have not explained why they did not, in their motion for summary judgment address the issues of t he reasonableness of Plaintiff's reliance on BRI Holding being a normally capitalized LLC, or whether one who benefits from a transaction may pierce a corporate veil. Accordingly, the court declines to disturb its finding that there is a genuin e issue of material fact precluding summary judgment on Plaintiff's veil-piercing claim (Count IV), but will modify its summary judgment opinion 87 to delete discussion of reliance in the context of piercing the corporate veil. The court gran ts in part and denies in part Defendant Reschke and Defendant Bobb/AAR Investments, LLC's motion for reconsideration 92 . Parties are directed to submit a jont status report and proposed trial dates by 11/3/2020. Signed by the Honorable Rebecca R. Pallmeyer on 10/13/2020. Notice mailed by judge's staff (ntf, )
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Filing
87
MEMORANDUM Opinion and Order. Viewing the record in the light most favorable to Plaintiff Janssen, there are genuine issues of material fact regarding each of Plaintiff's four claims against Defendants that prevent the court from granting summar y judgment. Defendant Reschke and Defendant Bobb/AAR Investments, LLC's motion for summary judgment 73 is denied. Status hearing set for 3/25/2020 at 9:00 a.m. Signed by the Honorable Rebecca R. Pallmeyer on 3/11/2020. Notice mailed by judge's staff (ntf, )
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