Dugan et al v. Burt, Inc.

Filing 22

MOTION by Plaintiffs Steven M. Cisco, William E. Dugan, John E Kenny, Jr, David Fagan, Mamon Powers, Jr, Mike Piraino, Glen Weeks, James M. Sweeney, Marshall Douglas, LaVerne S. Brown, David Snelten, Angelo A DiPaolo, Mike Larson, James McNally, Martin Turek for judgment entry (Scanlon, Cecilia)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION WILLIAM E. DUGAN, et al., Plaintiffs, vs. BURT, INC., an Indiana corporation, Defendant. ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 08 C 3487 JUDGE MILTON I. SHADUR MOTION FOR ENTRY OF JUDGMENT Plaintiffs, by and through their attorneys, default having been entered against the Defendant on August 7, 2008, request this Court enter judgment against Defendant, BURT, INC., an Indiana corporation. In support of that Motion, Plaintiffs state: 1. On August 7, 2008, this Court entered default against Defendant and granted Plaintiffs' request for an order directing Defendant to turn over its monthly fringe benefit contribution reports for October 2007 forward. The Court retained jurisdiction to enter judgment upon submission by Defendant of the required contribution reports. 2. Defendant has submitted its monthly contribution report to the Plaintiffs identifying employees of the Defendant who performed work covered by the collective bargaining agreement, and the number of hours worked by or paid to those employees for the month of October 2007. Said monthly contribution report establishes that Defendant owes the Plaintiffs the amounts set forth below: Welfare Fund Pension Fund Apprenticeship Fund Vacation Fund (See Affidavit of David S. Bodley). 3. Contributions $192.40 $153.60 $ 19.84 $ 36.80 Additionally, the following amounts are due for liquidated damages: Liquidated Damages $19.24 $15.36 $ 1.98 $ 3.68 Welfare Fund Pension Fund Apprenticeship Fund Vacation Fund (Bodley Aff. Par. 5). 4. In addition, Plaintiffs have incurred costs totaling $470.00 and reasonable attorneys' fees totaling $1,187.50. (See Affidavit of Catherine M. Chapman). 5. Based upon the documents attached hereto, Plaintiffs request entry of judgment in the total amount of $2,100.40. WHEREFORE, Plaintiffs respectfully request this Court to enter judgment in the amount of $2,100.40. /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: (312) 236-4316 Facsimile: (312) 236-0241 E-Mail: cscanlon@baumsigman.com I:\MOEJ\Burt, Inc\#21120\motion-judgment.cms.df.wpd 2 CERTIFICATE OF SERVICE The undersigned, an attorney of record, hereby certifies that she electronically filed the foregoing document (Motion for Entry of Judgment) 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 4th day of February 2009: Mr. John F. Burt, Registered Agent/President Burt, Inc. 11836 Woodmar Place Cedar Lake, IN 46303 /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: (312) 236-4316 Facsimile: (312) 236-0241 E-Mail: cscanlon@baumsigman.com I:\MOEJ\Burt, Inc\#21120\motion-judgment.cms.df.wpd

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?