Sweeney et al v. Millennium Concrete Construction, LLC

Filing 10

MOTION by Plaintiffs John E Kenney, Jr, David Fagan, James M. Sweeney, Mike Piraino, Glen Weeks, Marshall Douglas, Midwest Operating Engineers Welfare Fund, Angelo A. DiPaolo, Mike Larson, James McNally, Midwest Operating Engineers Pension Trust Fund , David Rock, Daniel R. Plote, David Snelten, Martin Turek, Operating Engineers Local 150 Apprenticeship Fund, Local 150, I.U.O.E. Vacation Savings Plan, Midwest Operating Engineers Retirement Enhancement Fund, Steven M. Cisco for entry of default, M OTION by Plaintiffs John E Kenney, Jr, David Fagan, James M. Sweeney, Mike Piraino, Glen Weeks, Marshall Douglas, Midwest Operating Engineers Welfare Fund, Angelo A. DiPaolo, Mike Larson, James McNally, Midwest Operating Engineers Pension Trust Fund, David Rock, Daniel R. Plote, David Snelten, Martin Turek, Operating Engineers Local 150 Apprenticeship Fund, Local 150, I.U.O.E. Vacation Savings Plan, Midwest Operating Engineers Retirement Enhancement Fund, Steven M. Cisco for judgment (Attachments: # 1 Exhibit Return of Service)(Ryan, Patrick)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION JAMES M. SWEENEY, et al., Plaintiffs, vs. MILLENNIUM CONCRETE CONSTRUCTION, LLC, d/b/a MILLENNIUM CONCRETE, LLC, Defendant. ) ) ) ) ) ) ) ) ) ) )

CIVIL ACTION NO. 08 C 6961 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, MILLENNIUM CONCRETE CONSTRUCTION, LLC, d/b/a MILLENNIUM CONCRETE, LLC, in the total amount of $83,342.57, plus Plaintiffs' court costs and reasonable attorneys' fees in the amount of $2,564.50. On January 13, 2009, the Summons and Complaint was served on the Registered Agent by tendering a copy of said documents to him personally at his residence (a copy of the Summons and Affidavit of Service is attached hereto). Therefore, Defendant's answer was due on February 2, 2009. 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 for Entry of Default and 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 participants on or before the hour of 5:00 p.m. this 10th day of February 2009: Mr. Herbert Molitsky, Registered Agent Millennium Concrete Construction, LLC 455 E. Illinois Street, Suite 260 Chicago, IL 60610 Mr. Herbert Molitsky, Registered Agent Millennium Concrete Construction, LLC 2319 Peach Tree Lane Dyer, IN 46311

/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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