In re Raymond Professional Group, Inc.
| Decision Date | 23 December 2008 |
| Docket Number | No. 06 B 16748.,No. 07 A 00137.,06 B 16748.,07 A 00137. |
| Citation | 400 B.R. 621 |
| Parties | In re RAYMOND PROFESSIONAL GROUP, INC. Debtor. Raymond Management Services, Incorporated n/k/a Raymond Professional Group-Design/Build, Inc., Plaintiff, v. William A. Pope Company, Defendant. |
| Court | U.S. Bankruptcy Court — Northern District of Illinois |
Jason M. Torf, Esq., Eugene J. Geekie, Jr., Esq., David A. Howard, Esq. (Schiff Hardin LLP), Chicago, IL, for Debtors/Plaintiff.
Susan K. Gummow, Esq., John F. O'Brien, Esq. (Clausen Miller, P.C.), Street, Chicago, IL, for William A. Pope Company.
Harley J. Goldstein, Esq., Sven T. Nylen, Esq., Bell, Boyd & Lloyd LLP, Chicago, IL, Official Committee of Unsecured Creditors.
Gretchen Silver, Esq., Office of the U.S. Trustee, Chicago, IL, for Trustee.
SUPPLEMENT TO MEMORANDUM OPINION ON DEFENDANT POPE'S MOTION FOR SUMMARY JUDGMENT
In the Memorandum Opinion of November 19, 2008, Pope's Motion for Summary Judgment herein to confirm the Arbitration Award in issue (the "Award") was allowed. (Docket No. 56.) Pope's counsel was then ordered to present a proposed Final Judgment Order. The draft proposed by counsel did not provide an adjudication of issues decided by the Award, so an Order was drafted in chambers and entered. (Docket No. 59.) That Order was vacated by agreement after inquiry to the lawyers in open court. During that inquiry, counsel for Pope argued that the Final Judgment should adjudicate that the Arbitration Award gave Pope ownership rights in funds deposited into the current account referred to in the Award as "escrow account", an ownership issue now on trial in separate Adversary proceeding No. 07-A-00639.
While no such order was presented by Pope's lawyers, their oral argument should be dealt with in this Supplement before the Amended Final Judgment Order is entered.
The Final Judgment here must deal only with the issues tried and adjudicated by the Arbitrators. Those issues and the Arbitrators' rulings thereon in their Award were expressed in the first six pages of the Award, supplemented by notes and computations in the following twenty-one pages. The entire Award is appended as an exhibit hereto.
It is clear that the first ruling in the Award was that the arbitration demand of Raymond Management Services Incorporated asserting many claims concerning work performance and allocation of monies paid by the owner was entirely denied.
The second adjudication is the point now at issue. It resolved the Counterclaim of William A. Pope Company. That Counterclaim requested "an order directing RMS [Raymond Management Services, Incorporated] to comply with the terms of an Interim Settlement Agreement entered into between the parties dated September 26, 2001...." It also asserted dollar claims on several performance related grounds. The Arbitrators awarded and adjudicated on that counterclaim a "Finding and Judgment" for William A. Pope Company as Counter-Claimant in the amount of $3,634,714, against Raymond Management Services Incorporated, the Counter-Respondent. Further claims by Pope were denied, and Motions for Sanctions not relevant here were also adjudicated.
On page 3 of the Award an asterisk after the amount of dollar judgment added the following comment:
"* see page 6-Source of Funds to be paid Pope with Notes 16 and 17.
On page 6 of the Award is found a chart summarizing the basis for the dollar award, ending with the entry "Total Due Pope $3,634,714." There followed a section entitled "Source of Funds to be paid Pope," which recited the following:
"Funds Available in Escrow
Account through 6/30/06 $3,672,550 Note 16
Additional Funds Due Pope* $ 562,164* Note 17
* Note: The additional funds...To continue reading
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In re Raymond Professional Group, Inc.
...William A. Pope Co. (In re Raymond Prof'l Group, Inc.), 397 B.R. 414 (Bankr.N.D.Ill.2008) at Docket Nos. 56, 59 supplemented by 400 B.R. 621 (Bankr.N.D.Ill.2008) at Docket Nos. 62, 63. That judgment was not appealed, and therefore it stands to fix the amount of debt owed by RMS to Pope and ......
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In re Raymond Professional Group, Inc.
...of the Account itself. In re Raymond Prof'l Group, Inc., 397 B.R. 414 (Bankr.N.D.Ill.2008), supplemented by In re Raymond Prof'l Group, Inc., 400 B.R. 621 (Bankr.N.D.Ill.2008). B. The Debtors' Bankruptcies and Subsequent On December 18, 2006, RPG, RMS, and the other related debtors filed vo......
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In re Raymond Professional Group, Inc., Bankruptcy No. 06 B 16748 (Jointly Administered) (Bankr. N.D. Ill. 5/20/2010)
...in this Court. See generally In re Raymond Prof I Group, Inc., 397 B.R. 414 (Bankr. N.D. Ill. 2008), supplemented by 400 B.R. 621 (Bankr. N.D. Ill. 2008). That judgment was not appealed, and therefore it stands to fix the amount of debt owed by RMS to Pope and to determine that the entire A......
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In re RAYMOND PROFESSIONAL GROUP Inc. . Raymond Professional Group Inc.
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