Iron Workers' Mid-America Pension Plan et al v. Trachs Contracting, LLC

Filing 14

MOTION by Plaintiffs Joseph J Burke, Iron Workers Mid-America Pension Plan, Iron Workers' Mid-America Pension Plan, Iron Workers' Mid-America Supplemental Monthly Annuity (SMA) Fund, Iron Workers' Tri-State Welfare Plan for entry of de fault, MOTION by Plaintiffs Joseph J Burke, Iron Workers Mid-America Pension Plan, Iron Workers' Mid-America Pension Plan, Iron Workers' Mid-America Supplemental Monthly Annuity (SMA) Fund, Iron Workers' Tri-State Welfare Plan for judgment (Attachments: # 1 Exhibit Return of Service, # 2 Text of Proposed Order)(Ryan, Patrick)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION IRON WORKERS' MID-AMERICA PENSION PLAN, et al., Plaintiffs, vs. TRACHS CONTRACTING, LLC, a Colorado limited liability company, Defendant. ) ) ) ) ) ) ) ) ) ) )

CIVIL ACTION NO. 08 C 3102 JUDGE RONALD A. GUZMAN

MOTION FOR ENTRY OF DEFAULT AND JUDGMENT NOW COME Plaintiffs, by their attorneys, and move for entry of judgment by default against Defendant, TRACHS CONTRACTING, LLC, a Colorado limited liability company, in the total amount of $9,626.64, plus Plaintiffs' court costs and reasonable attorneys' fees in the amount of $1,812.50. On May 30, 2008, the Summons and Complaint was served on the Defendant's attorney, by mailing a copy of said documents and a Notice of Lawsuit and Request for Waiver of Summons and Waiver of Service of Summons, to him at his place of business. On June 6, 2008, the attorney executed and returned the Waiver of Service of Summons (a copy of the Summons and Affidavit of Service is attached hereto). Therefore, Defendant's answer was due on July 29, 2008. As Defendant has failed to timely answer the Complaint, Plaintiffs respectfully request entry of default and judgment. /s/ Patrick N. Ryan

CERTIFICATE OF SERVICE The undersigned, an attorney of record, hereby certifies that he electronically filed the foregoing document (Motion) with the Clerk of Court using the CM/ECF system, and further certifies that I have mailed the above-referenced document by United States Mail to the following non-CM/ECF participant on or before the hour of 5:00 p.m. this 22nd day of September 2008: Mr. Morris G. Dyner Fischel & Kahn, Ltd. 190 S. LaSalle Street, Suite 2850 Chicago, IL 60603-3412

/s/ Patrick N. Ryan

Patrick N. Ryan Attorney for Plaintiffs BAUM SIGMAN AUERBACH & NEUMAN, LTD. 200 West Adams Street, Suite 2200 Chicago, IL 60606-5231 Bar No.: 6278364 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail]
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