Iron Workers' Mid-America Pension Plan et al v. K & V Steel Erectors, LLC.

Filing 11

MOTION by Plaintiffs Iron Workers' Local 111 Fringe Benefit Funds, Bridge Structural, Ornamental and Reinforcing Ironworkers Local No. 111, Iron Workers' Mid-America Pension Plan, Joseph J Burke, Iron Workers' Mid-America Supplemental Monthly Annuity (SMA) Fund, Iron Workers' Tri-State Welfare Plan for entry of default, MOTION by Plaintiffs Iron Workers' Local 111 Fringe Benefit Funds, Bridge Structural, Ornamental and Reinforcing Ironworkers Local No. 111, Iron Workers' Mid-America Pension Plan, Joseph J Burke, Iron Workers' Mid-America Supplemental Monthly Annuity (SMA) Fund, Iron Workers' Tri-State Welfare Plan for judgment (Attachments: #1 Exhibit Return of Service)(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. K & V STEEL ERECTORS, L.L.C., an Iowa limited liability company, Defendant. ) ) ) ) ) ) ) ) ) ) )

CIVIL ACTION NO. 08 C 3126 JUDGE CHARLES P. KOCORAS

MOTION FOR ENTRY OF DEFAULT AND JUDGMENT NOW COME Plaintiffs, by their attorneys, and move for entry of judgment by default against Defendant, K & V STEEL ERECTORS, L.L.C., an Iowa limited liability company, in the total amount of $63,738.55, plus Plaintiffs' court costs and reasonable attorneys' fees in the amount of $3,284.33. On June 8, 2008, the Summons and Complaint was served on the Registered Agent by tendering a copy of said documents to her personally at her place of business (a copy of the Summons and Affidavit of Service is attached hereto). Therefore, Defendant's answer was due on June 28, 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 30th day of September 2008: Ms. Vicki A. Bognar, Registered Agent K & V Steel Erectors, L.L.C. 8620 99th Avenue West Taylor Ridge, IL 61284 Mr. Keith Bogar 3407 - 78th Avenue W, Suite A Rock Island, IL 61202

/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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