Sullivan et al v. A.M. Mechanical Inc.

Filing 38

MOTION by Plaintiffs Plumbers' Welfare Fund, Local 130, U.A., The Trust Fund for Apprentice and Journeymen Education and Training, Local 130, U.A.,, Chicago Journeymen Plumbers Local Union 130, U.A., Group Legal Services Plan Fund, James T Sullivan, Plumbers' Pension Fund, Local 130, U.A. for judgment (Attachments: # 1 Exhibit A, # 2 Exhibit B, 1 of 2, # 3 Exhibit B, 2 of 2, # 4 Exhibit C, # 5 Exhibit C-1, # 6 Exhibit D - F)(Bedinghaus, Brian)

BTB139678 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION JAMES T. SULLIVAN, etc., Plaintiff, v. A M MECHANICAL, INC., ) ) ) ) ) ) ) ) ) ) )

65100-1073LIT4685

No. 07 C 2200 Judge Pallmeyer Magistrate Judge Valdez

Defendant.

MOTION FOR ENTRY OF JUDGMENT NOW COMES Plaintiff, JAMES T. SULLIVAN, not individually, but as Trustee of Plumbers' Pension Fund, Local 130, U.A., etc. ("Funds"), by his attorneys, DOUGLAS A. LINDSAY, JOHN W. LOSEMAN, JAMES R. GANNON, and BRIAN T. BEDINGHAUS, with LEWIS, OVERBECK & FURMAN, LLP, of counsel, and, pursuant to Fed. R. Civ. P. 55(b)(2), moves the Court to enter Judgment in favor of Plaintiff and against Defendant, A M Mechanical, Inc., in the amount of $266,140.46. In support hereof, Plaintiff states: 1. On April 20, 2007, Plaintiff filed his Complaint, pursuant to ERISA, 29 U.S.C. §§

1132 and 1145, and LMRA, 29 U.S.C. § 185, and the Collective Bargaining Agreements ("CBA"), to obtain an audit and recover all unpaid contributions, interest, liquidated damages, professional fees, and court costs owed to Funds. 2. On April 28, 2007, Defendant was served with process. A true and correct copy

of the Summons with completed Return of Service is attached hereto as Exhibit A. 3. Pursuant to Fed. R. Civ. P. 12(a)(1)(A)(i), Defendant was required to answer and

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appear on or before May 18, 2007. Defendant did neither. 4. On June 25, 2007, the Court found Defendant in default. The Court's Docket

Entry for June 25, 2007, can be found at Document 12. 5. Following the entry of default on June 25, 2007, Plaintiff's certified public

accounting firm, D M Siegel, Ltd, conducted a compliance audit of Defendant's books and records and issued a Compliance Report ("Audit"). The Audit reveals that for the period June 1, 2006, through December 31, 2007, Defendant failed to report and pay amounts due under the CBA on 9,233.19 hours of work. A true and correct copy of the Audit is attached as Exhibit B. 6. Based on the Audit and ERISA, 29 U.S.C. §1132, Plaintiff's damages are: $142,765.44 Unpaid contributions per ERISA, 29 U.S.C. §1132(g)(2)(A), and §9.8 of CBA Interest on unpaid contributions per ERISA, 29 U.S.C., §1132(g)(2)(B), and §9.8 of CBA, which includes $39,940.37 set forth in Audit + $2,141.48/month after 10/15/08 Statutory double interest per ERISA, 29 U.S.C. §1132(g)(2)(C) Liquidated damages per §9.8 of CBA Attorneys' fees and costs per §1.6 of CBA and ERISA, 29 U.S.C. §1132(g)(2)(D), through current (see Affidavit of Attorneys' Fees and Costs, attached as Exhibit C) Audit costs per §1.6 of CBA and 29 U.S.C. §1132(g)(2)(E) (see Affidavit of Dennis M. Siegel, attached as Exhibit D) ______________________________________________ Total due as of 11/25/2008

$44,223.33 -

$44,223.33 -

$11,421.24 $18,634.62 -

$4,872.50 _________ $266,140.46

7.

Defendant has failed to pay the amount due as requested by letter dated October 8,

2008, from Plaintiff's counsel to Defendant, a true and correct copy of which is attached hereto as Exhibit E. 2

8.

Plaintiff requests the Court to enter a Judgment Order in the form attached hereto

as Exhibit F, a copy of which was submitted to the Court by email in accordance with the Court's procedures.

WHEREFORE, Plaintiff, JAMES T. SULLIVAN, etc., requests the Court to enter Judgment in favor of Plaintiff and against Defendant, A M MECHANICAL, INC., in the amount of $266,140.46, and to award such other and further relief in favor of Plaintiff and against Defendant as the Court deems just.

JAMES T. SULLIVAN, etc., by his attorneys, DOUGLAS A. LINDSAY, JOHN W. LOSEMAN, JAMES R. GANNON, and BRIAN T. BEDINGHAUS

By:

s/ Brian T. Bedinghaus Brian T. Bedinghaus 20 North Clark Street Suite 3200 Chicago, IL 60602-5093 312.580.1269

Of Counsel: LE W IS, OVERBECK & FURMAN, LLP 20 North Clark Street Suite 3200 Chicago, IL 60602-5093 312.580.1200
65100/1073BTB139678

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