Sullivan et al v. East West Plumbing, Inc.

Filing 9

MOTION by Plaintiffs Trust Fund for Apprentice and Journeyman Education and Training, Local 130, U.A., The, Chicago Journeymen Plumbers' Local Union 130, U.A., Group Legal Services Plan Fund, James T. Sullivan, Plumbing Council of Chicagoland, Chicagoland, The, Chicago Journeymen Plumbers' Local Union 130, U.A., Plumbers' Pension Fund Local 130, U.A., Plumbers' Welfare Fund Local 130, U.A. for judgment (Attachments: # 1 Exhibit A through D)(Bedinghaus, Brian)

65100-1093LIT-4708 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION JAMES T. SULLIVAN, etc., et al., Plaintiffs, ) ) ) ) ) ) ) ) ) ) )

No.

08 C 6510

Judge James F. Holderman Magistrate Judge Michael T. Mason

v. EAST WEST PLUMBING, INC., an Illinois corporation, Defendant.

MOTION FOR ENTRY OF JUDGMENT NOW COME Plaintiffs, JAMES T. SULLIVAN, etc., et al., by their 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, move the Court to enter Judgment in favor of Plaintiffs and against Defendant, EAST WEST PLUMBING, INC., in the amount of $37,801.76. In support hereof, Plaintiffs state: 1. Plaintiffs filed this action on November 13, 2008, seeking a judgment against Defendant

confirming and enforcing an arbitration award under ERISA, 29 U.S.C. §§1132 and 1145, and LMRA, 29 U.S.C. §185. 2. On November 19, 2008, Defendant was served with process. A true and correct copy of

the Return of Service is attached hereto as Exhibit A. 3. 4. 5. Defendant was required to appear and answer on or before December 9, 2008. Defendant has not filed an appearance or answer, and is in default. An arbitration award was entered on March 24, 2008, against Defendant in the computed

amount of $23,705.19. A true and correct copy of Award is attached hereto as Exhibit B. 1

6.

Pursuant to Award and 29 U.S.C. §1132, Plaintiffs' damages are calculated as follows: $23,705.19 $2,016.90 Award; Additional interest at $224.10/month for period 5/2/08 through date of presentment of this motion, pursuant to Award and 29 U.S.C. §1132(g)(2)(B); Double interest consisting of $7,570.43 stated in Award plus $2,016.90 stated above, pursuant to 29 U.S.C. §1132(g)(2)(C); Plaintiffs' attorneys' fees and costs through date of preparation of this motion, pursuant to Award and 29 U.S.C. §1132(g)(2)(D) (See Affidavit of Douglas A. Lindsay attached hereto as Exhibit C); ______________________________________________

$9,587.33 -

$2,322.34 -

_________ $37,631.76

7.

Plaintiff's attorney, Brian T. Bedinghaus, will render an additional 1 hour of legal services,

at a rate of $170.00 per hour, for presentation of this motion. 8. Plaintiffs request the Court to enter a Judgment Order in the form attached hereto as

Exhibit D, a copy of which was submitted to the Court by email in accordance with the Court's procedures.

WHEREFORE, Plaintiffs, JAMES T. SULLIVAN, etc., et al., request the Court to enter Judgment in favor of Plaintiffs and against Defendant, EAST WEST PLUMBING, INC., in the amount of $37,801.76. JAMES T. SULLIVAN, etc., et al., by their attorneys, DOUGLAS A. LINDSAY, JOHN W. LOSEMAN, and BRIAN T. BEDINGHAUS By: OF COUNSEL: LEWIS, OVERBECK & FURMAN, LLP 20 N. Clark Street, Suite 3200 Chicago, IL 60602-5093 312-580-1200
6 5 1 0 0 /1 0 9 3 B T B 1 4 0 1 1 1

s/ Brian T. Bedinghaus Brian T. Bedinghaus 20 N. Clark Street Suite 3200 Chicago, IL 60602-5093 312-580-1269

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