Hancock et al v. Sharrod Transport Company, Inc.

Filing 43

MOTION by Plaintiffs John J. Lisner, William H. Collins, Dale Bolt, Joseph Benson, Health and Welfare Fund of the Excavating, Grading and Asphalt Craft Local No. 731, Terrence J Hancock, Local 731, I.B. of T., Excavators and Pavers Pension Trust Fund, David Snelten for judgment entry (Scanlon, Cecilia)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION TERRENCE J. HANCOCK, et al., Plaintiffs, vs. SHARROD TRANSPORT COMPANY, INC., an Illinois corporation, and WAYNE S. TURMAN, individually, Defendants. ) ) ) ) ) ) ) ) ) ) )

CIVIL ACTION NO. 07 C 6163 JUDGE MILTON I. SHADUR

PLAINTIFFS' UNOPPOSED MOTION FOR ENTRY OF JUDGMENT Plaintiffs, by and through their attorneys, request this Court enter judgment against Defendants, SHARROD TRANSPORT COMPANY, INC., an Illinois corporation, and WAYNE S. TURMAN, individually. Defendants having filed their Amended Answer to Plaintiffs' Amended Complaint on December 26, 2008, do not oppose said Motion. In support of that Motion, Plaintiffs state: 1. 2. On August 5, 2008, Plaintiffs filed its First Amended Complaint. On October 8, 2008, Plaintiffs filed a motion for an order directing Defendant to turn

over its monthly fringe benefit contribution reports for March 2008 forward. On October 15, 2008, this Court entered and continued to the Plaintiffs' motion until October 31, 2008 and directed Defendants to file their responses by October 31, 2008. 3. Defendants. On October 16, 2009, Constantine N. Dranias filed his appearance as counsel for

4. Complaint. 5.

On October 31, 2008, Defendants filed their answers to Plaintiffs' Amended

On November 3, 2008, Plaintiffs' motion for an order directing Defendant to turn

over monthly fringe benefit contribution reports was granted. Defendants' answer to Plaintiffs' complaint was stricken and Defendants were ordered to file a proper answer by November 7, 2008. 6. On November 10, 2008, Defendant Sharrod Transport Company's Inc.'s answer to

Plaintiffs' Amended Complaint was stricken with leave to refile an amended answer pursuant to Local Rule 10.1 by November 17, 2008. 7. On December 26, 2008, Defendants filed their Amended Answer to Plaintiffs'

Amended Complaint. 8. On January 7, 2009, Plaintiffs' counsel and Defendants' counsel discussed settlement

of the instant litigation. However, the parties were unable to resolve the matter. Defendants' counsel indicated his clients would be filing a voluntary bankruptcy petition. 9. On January 29, 2009, Defendants' counsel informed Plaintiffs' counsel, by a letter

dated January 27, 2009, that Defendants were unable to file the bankruptcy petition because of lack of funds. Defendants' counsel also indicated that the Defendant corporate would consent to having judgment entered against it. 10. On February 12, 2009, Plaintiffs' counsel informed Defendants' counsel that the

Trustees would not agree to a judgment solely against the corporate defendant. On February 20, 2009, Defendants' counsel informed Plaintiffs' counsel taht they would not oppose a motion for judgment against the Defendants.

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11.

Pursuant to the monthly fringe benefit contribution reports submitted by Defendants

for the time period July 2007 through December 2007, and records subpoenaed from a third party covering the same time period, the Defendants are delinquent in contributions to the Welfare Fund in the amount of $3,916.03 and to the Pension Fund in the amount of $3,056.40, for a total of $6,972.43. (See Affidavit of Terrence J. Hancock). 12. Additionally, Defendants owe twenty (20%) percent liquidated damages in the

amount of $783.21 to the Welfare Fund and $611.28 to the Pension Fund, for a total of $1,394.49. (Hancock Aff. Par. 5). 13. In addition, Plaintiffs' firm has expended the total amount of $505.00 for costs and

$10,043.75 in attorneys' fees in this matter. (See Affidavit of Catherine M. Chapman). 14. Based upon the documents attached hereto, Plaintiffs request entry of judgment in

the total amount of $18,915.67. WHEREFORE, Plaintiffs respectfully request this Court to enter judgment in the amount of $18,915.67. /s/ Cecilia M. Scanlon Cecilia M. Scanlon Attorney for Plaintiffs BAUM SIGMAN AUERBACH & NEUMAN, LTD. 200 West Adams Street, Suite 2200 Chicago, IL 60606-5231 Bar No.: 6288574 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail]
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CERTIFICATE OF SERVICE The undersigned, an attorney of record, hereby certifies that on Thursday, the 26th day of February 2009, on or before the hour of 5:00 p.m., she electronically filed the foregoing document (Plaintiffs' Unopposed Motion for Entry of Judgment) with the Clerk of Court using the CM/ECF system, which will send notification of such filing to the following: Mr. Constantine N. Dranias Dranias, Harrington & Wilson 77 W. Washington Street, Suite 1020 Chicago, IL 60602 [e-mail]

/s/ Cecilia M. Scanlon

Cecilia M. Scanlon Attorney for Plaintiffs BAUM SIGMAN AUERBACH & NEUMAN, LTD. 200 West Adams Street, Suite 2200 Chicago, IL 60606-5231 Bar No.: 6288574 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail]
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