Opinion
Case Number 01 C 3560
December 23, 2002
ORDER
REPORT AND RECOMMENDATION
As described in the Report and Recommendation submitted in Anthony Marano Co. v. A. Stallone, Inc., 00 C 8019. the plaintiffs motions filed in that case to hold Marlene Stallone and Maria Stallone in contempt of court and to hold Bernice Ventresca in contempt of court and for a turnover order for certain property filed were captioned as if that case were consolidated with this case. However, the cases were never consolidated. The motions seek to hold Marlene Stallone, Maria Stallone and Bernice Ventresca in contempt of court for, inter alia, failure to respond to a citation to discovery assets issued by the court on September 12, 2001. However, the citation, attached as an exhibit to the motion regarding Bernice Ventresca bears only the caption and case number for Anthony Marano Co. v. A. Stallone, Inc. It does not indicate that it is a citation to discover assets relating to this case thus, this Court cannot recommend that the citation respondents be held in contempt of court in this case for failing to respond to that citation. Additionally, for the reasons set out in the Report and Recommendation submitted in Anthony Marano Co. v. A. Stallone, Inc., the motion should be stayed as to Marlene Stallone individually because of her pending bankruptcy proceedings, and should be denied as to Bernice Ventresca without prejudice to the plaintiffs serving a citation to discover assets upon Beatrice Ventresca. Thus, this court respectfully recommends that, to the extent that those motions are deemed to have been filed in this case, they be denied without prejudice.