Central Laborers' Pension Fund et al v. Schielein & Sons Construction LLC et al

Filing 30

OPINION ENTERING DEFAULT JUDGMENT AGAINST DEFENDANT SCHIELEIN & SONS CONSTRUCTION LLC (See Written Opinion). Entered by Judge Sue E. Myerscough on 6/30/2015. (VM, ilcd)

E-FILED

Wednesday, 01 July, 2015 03:01:47 PM
Clerk, U.S. District Court, ILCD

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
SPRINGFIELD DIVISION
CENTRAL LABORERS’ PENSION
FUND, et al.
Plaintiffs,
v.
SCHIELEIN & SONS
CONSTRUCTION LLC, DAWN
SCHIELEIN,
Defendants.

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Civil No. 13-3374

OPINION ENTERING DEFAULT JUDGMENT AGAINST
DEFENDANT SCHIELEIN & SONS CONSTRUCTION LLC
SUE E. MYERSCOUGH, U.S. District Judge:
Before the Court is the Plaintiffs’ Motion for Final Default
Judgment against Defendant Schielein & Sons Construction LLC
(d/e 28). The Court has reviewed the Plaintiffs’ Memorandum in
Support (d/e 29) and all of the exhibits attached thereto. The
Motion (d/e 28) is GRANTED.
Accordingly, it is hereby ordered that default judgment is
entered in favor of the Plaintiffs and against Defendant Schielein &
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Sons Construction LLC in the amount of $43,836.71, representing
delinquent contributions; $5,958.19 in interest; $4,383.67,
representing liquidated damages1; $1,520.50 in audit costs; and
$11,487.00 in attorneys’ fees and costs; for a total of $67,186.07.
The Defendant’s address is 7722 W. Mohawk Trail, Peoria, IL
61604.
ENTER: June 30, 2015.
s/ Sue E. Myerscough
SUE E. MYERSCOUGH
UNITED STATES DISTRICT JUDGE

The Court notes that the Plaintiffs did not provide adequate support for their
request for liquidated damages in their Motion for Default Judgment. In the
Plaintiffs’ Memorandum in Support of Motion for Final Default Judgment (d/e
29), the Plaintiffs stated that “[i]t is the policy of the Funds to charge ten
percent Liquidated Damages” and requested $4,383.67 in liquidated damages.
The Plaintiffs supported this assertion with the affidavit of Matthew Patterson,
the Director of the Employers Contribution Department of the Central Laborers’
Pension Fund. However, the only support that Patterson’s affidavit offers is the
statement that “[w]hen a contributing employer becomes delinquent, it is the
policy of the Funds to charge Liquidated Damages in the amount of ten percent
(10%) of the contributions due.” Affidavit of Matthew Patterson, d/e 29-3.
Neither the Memorandum nor Patterson’s affidavit explained why the Plaintiffs
are entitled to charge this amount for liquidated damages. After reviewing the
docket, however, the Court was able to locate the participation agreement and
the trust documents for the Plaintiff Funds, which do provide for the payment
of ten percent liquidated damages. See Exhibit A to Complaint, d/e 1-2 at 4
¶4; Exhibit B to Complaint, d/e 1-3 at 4.
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