Sullivan et al v. Erickson Mechanical, Inc

Filing 17

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

LIT4771 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION JAMES T. SULLIVAN, etc., Plaintiff, v. ERICKSON MECHANICAL, INC., ) ) ) ) ) ) ) ) ) )

No. 08 C 3285 Judge Kendall Magistrate Judge Denlow

Defendant.

PLAINTIFF'S MOTION FOR ENTRY OF JUDGMENT NOW COMES Plaintiff, JAMES T. SULLIVAN, etc., by his attorneys, DOUGLAS A. LINDSAY, JOHN W. LOSEMAN, 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, ERICKSON MECHANICAL, INC., in the amount of $15,351.56. In support hereof, Plaintiff states: 1. Plaintiff filed his Complaint on June 6, 2008, to obtain an audit and recover all

unpaid contributions, interest, liquidated damages, professional fees, and court costs owed to Plaintiff under the Collective Bargaining Agreements ("Agreements") in effect between Defendant and Plaintiff and pursuant to ERISA, 29 U.S.C. §§1132 and 1145, and the LMRA, 29 U.S.C. §185, for the period from April 1, 2004, through the present.

1

2.

On June 15, 2008, Defendant was served with a copy of the Summons and

Complaint. A true and correct copy of the Return of Service is attached hereto as Exhibit A. 3. Defendant was required to appear and answer or otherwise plead on or before July

7, 2008. Defendant did neither. 4. On July 23, 2008, the Court found Defendant in default. The July 23, 2008 Order

finding Defendant in default is Document 13 on the electronic docket. 5. Following the entry of default on July 23, 2008, 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 April 1, 2004, through July 31, 2008, Defendant failed to report and pay amounts due under the CBA on 304 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: $3,377.39 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 $848.71 set forth in Audit + $50.66/month after 1/15/09 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) ______________________________________________ 2

$848.71 -

$848.71 -

$270.19 $4,956.56 -

$4,880.00 _________

$15,181.56

Total due as of 1/12/2009

7.

Plaintiff's attorney, Brian T. Bedinghaus, will render an estimated additional 1

hour of legal services, at a rate of $170.00 per hour, for presentation of this motion. 8. Defendant has failed to pay the amount due as requested by letter dated December

12, 2008, from Plaintiff's counsel to Defendant, a true and correct copy of which is attached hereto as Exhibit E.

WHEREFORE, Plaintiff, JAMES T. SULLIVAN, etc., requests the Court to enter Judgment in favor of Plaintiff and against Defendant, ERICKSON MECHANICAL, INC., in the amount of $15,351.56, 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 their attorneys, DOUGLAS A. LINDSAY, JOHN W. LOSEMAN, and BRIAN T. BEDINGHAUS

s/ Brian T. Bedinghaus By: Brian T. Bedinghaus LE W IS, OVERBECK & FURMAN, LLP 20 N. Clark St. Suite 3200 Chicago, IL 60602-5093 312-580-1269

Of Counsel: LE W IS, OVERBECK & FURMAN, LLP 20 N. Clark St. Suite 3200 Chicago, IL 60602-5093 312-580-1200 3