U.S. v. CAPITAL TAX CORPORATION

No. 04 C 4138.

UNITED STATES OF AMERICA, Plaintiff, v. CAPITAL TAX CORPORATION, STEPHEN J. PEDI, WILLIAM LERCH, and MERVYN DUKATT, Defendants.

United States District Court, N.D. Illinois, Eastern Division.

April 16, 2012.


Attorney(s) appearing for the Case

United States of America, Plaintiff, represented by Joseph A. Stewart, United States Attorney's Office (NDIL) & Matthew R. Oakes, U.S. Department of Justice.

United States of America, Plaintiff, represented by AUSA, United States Attorney's Office (NDIL), Alison Carew McGregor, Department of Justice, PRO HAC VICE, Kurt N. Lindland, United States Attorney's Office (NDIL), Sumona Nandi Majumdar, Department of Justice, ENRD Environmental Enforcement & Thomas A Benson, U.S. Department of Justice.

Capital Tax Corporation, Defendant, represented by Lindsay Ann Wolter, Seyfarth Shaw LLP, Michael D Hayes, Varga, Berger, Ledsky, Hayes & Casey & Norman Benjamin Berger, Varga Berger Ledsky Hayes & Casey.

Stephen J Pedi, Defendant, represented by Mark J McAndrew, Barnes & Thornburg LLP & Norman V Chimenti, Martin, Craig, Chester & Sonnenschein.

William — Lerch, Defendant, represented by Gary James Fernandez, Fernandez and Associates, George A. Thomas & Teresa Lynn Einarson, Thomas & Einarson, Ltd..

Mervyn Dukatt, Defendant, represented by Mark D. Erzen, Mark D. Erzen, P.C..

Versatile Materials, Inc., Garnishee, represented by George A. Thomas & Teresa Lynn Einarson, Thomas & Einarson, Ltd..

SunWest Mortgage Company, Inc., Garnishee, represented by Andrew Robert Woltman, McGuireWoods LLP.

Jingqiu Lerch, Third Party Defendant, represented by Timothy P. Whelan, Law Office of Timothy P. Whelan.

Capital Tax Corporation, Counter Claimant, represented by Michael D Hayes, Varga, Berger, Ledsky, Hayes & Casey, Norman Benjamin Berger, Varga Berger Ledsky Hayes & Casey & Lindsay Ann Wolter, Seyfarth Shaw LLP.

United States of America, Counter Defendant, represented by Matthew R. Oakes, U.S. Department of Justice.

United States of America, Counter Defendant, represented by AUSA, United States Attorney's Office (NDIL), Alison Carew McGregor, Department of Justice, PRO HAC VICE & Thomas A Benson, U.S. Department of Justice.

Capital Tax Corporation, Cross Claimant, represented by Michael D Hayes, Varga, Berger, Ledsky, Hayes & Casey, Norman Benjamin Berger, Varga Berger Ledsky Hayes & Casey & Lindsay Ann Wolter, Seyfarth Shaw LLP.

Stephen J Pedi, Cross Defendant, represented by Mark J McAndrew, Barnes & Thornburg LLP & Norman V Chimenti, Martin, Craig, Chester & Sonnenschein.

Capital Tax Corporation, Cross Defendant, represented by Michael D Hayes, Varga, Berger, Ledsky, Hayes & Casey & Norman Benjamin Berger, Varga Berger Ledsky Hayes & Casey.

Capital Tax Corporation, Counter Claimant, represented by Michael D Hayes, Varga, Berger, Ledsky, Hayes & Casey & Norman Benjamin Berger, Varga Berger Ledsky Hayes & Casey.

United States of America, Counter Defendant, represented by Matthew R. Oakes, U.S. Department of Justice & Alison Carew McGregor, Department of Justice, PRO HAC VICE.

Capital Tax Corporation, Counter Claimant, represented by Michael D Hayes, Varga, Berger, Ledsky, Hayes & Casey & Norman Benjamin Berger, Varga Berger Ledsky Hayes & Casey.

United States of America, Counter Defendant, represented by Matthew R. Oakes, U.S. Department of Justice & Alison Carew McGregor, Department of Justice, PRO HAC VICE.

Capital Tax Corporation, ThirdParty Plaintiff, represented by Michael D Hayes, Varga, Berger, Ledsky, Hayes & Casey & Norman Benjamin Berger, Varga Berger Ledsky Hayes & Casey.

Stephen J Pedi, Cross Claimant, represented by Mark J McAndrew, Barnes & Thornburg LLP.

United States of America, Cross Defendant, represented by Matthew R. Oakes, U.S. Department of Justice & Alison Carew McGregor, Department of Justice, PRO HAC VICE.

Frank Pedi, Cross Claimant, represented by Mark J McAndrew, Barnes & Thornburg LLP.

United States of America, Cross Defendant, represented by Matthew R. Oakes, U.S. Department of Justice, Alison Carew McGregor, Department of Justice, PRO HAC VICE & Kurt N. Lindland, United States Attorney's Office (NDIL).


MEMORANDUM OPINION AND ORDER

GEORGE M. MAROVICH, District Judge.

After the Environmental Protection Agency ("EPA") spent more than $2,000,000.00 removing hazardous waste from the Site of an old paint factory, plaintiff the United States of America ("United States" or the "government") filed suit, in 2004, against defendants Capital Tax Corporation ("Capital Tax"), Stephen J. Pedi, Frank Pedi and William Lerch ("Lerch"). In its complaint...

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