Shales et al v. Du-Cook Construction Co., Inc. et al

Filing 14

MOTION by Plaintiffs Dan Brejc, Toby Koth, Vern Bauman, Mike Shales, John Bryan, Sr, Al Orosz for judgment entry against Defendant Du-Cook Construction Co., Inc. (Attachments: # 1 Exhibit)(Alfon, Beverly)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION MIKE SHALES, et al., ) ) Plaintiffs, ) ) v. ) ) DU-COOK CONSTRUCTION CO., INC., ) an Illinois corporation, d/b/a DU-COOK ) MASONRY, INC., and DONALD J. ) TESSLER, an individual, ) ) Defendants. )

CIVIL ACTION NO. 09 C 0129 JUDGE MATTHEW F. KENNELLY

MOTION FOR ENTRY OF JUDGMENT AGAINST DEFENDANT DU-COOK CONSTRUCTION CO., INC. Plaintiffs, by and through their attorneys, default having been entered against the Defendant, DU-COOK CONSTRUCTION CO., INC., on March 18, 2009, request this Court enter judgment against Defendant, DU-COOK CONSTRUCTION CO., INC. In support of that Motion, Plaintiffs state: 1. On March 18, 2009, this Court entered default against Defendant, Du-Cook

Construction Co., Inc., and granted Plaintiffs' request for an order directing Defendant to turn over its monthly fringe benefit contribution reports for September 2008 through February 2009. The Court retained jurisdiction to enforce the Order and to enter judgment (a copy of the Minute Order/Order entered on March 18, 2009 is attached hereto). 2. On March 24, 2009, Defendant, Du-Cook Construction Co., Inc., submitted its

monthly fringe benefit contribution reports for September 2008 through January 2009. The

contribution reports show that the Defendant is delinquent in contributions to the Funds in the amount of $33,276.05. (See Affidavit of Patricia M. Shales). 3. Par. 7(b)). 4. On November 21, 2008, Plaintiffs' auditors completed an audit of Defendant, DuAdditionally, the amount of $3,327.61 is due for liquidated damages. (Shales Aff.

Cook Construction Co., Inc.'s payroll books and records. The audit findings show that the Defendant is delinquent in contributions in the amount of $22,790.13, liquidated damages in the amount of $2,279.01, and interest in the amount of $6,840.31, for a total of $31,909.45. (Shales Aff. Par. 5). 5. Plaintiffs' auditing firm of Levinson Simon & Sprung, PC charged Plaintiffs

$1,387.41 to perform the audit examination and complete the report. (Shales Aff. Par. 6). 6. Pursuant to the Trust Agreements, a liquidated damages surcharge has been assessed

against the Defendant, Du-Cook Construction Co., Inc., in the amount of ten (10%) percent of all contributions due and unpaid and all contributions which were paid late, for the month of August 2008, in the total amount of $944.10. (Shales Aff. Par. 8). 7. For the purpose of collection of dues deducted from employee wages, the Funds are

authorized agents of the Construction and General Laborers' District Council of Chicago and Vicinity's Work Dues Fund, the Laborers-Employers Cooperation and Education Trust, and the Laborers' District Council Labor Management Cooperation Committee, the Chicago Area Independent Construction Association, the Apprenticeship Fund, the Safety Fund and CISCO Fund (collectively referred to as the "District Council Funds"). (Shales Aff. Par. 3). Defendant, Du-Cook Construction Co., Inc. submitted reports, but failed to remit dues to the District Council Funds for

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the time period August 2008 through December 2008. Accordingly, Defendant owes dues in the amount of $3,101.36, liquidated damages assessed at the rate of ten (10%) percent in the amount of $310.14 and interest in the amount of $106.21, for a total of $3,517.71. (Shales Aff. Par. 7(d)). 8. In addition, Plaintiffs' firm has expended the amount of $850.00 for costs and

$3,851.25 in attorneys' fees in this matter. (See Affidavit of Catherine M. Chapman). 9. The Plaintiff Funds also expended an additional amount of $840.50 in attorneys' fees

for services performed by their former counsel in this matter. (Shales Aff. Par. 9). 10. Based upon the documents attached hereto, Plaintiffs request entry of judgment

against Defendant, Du-Cook Construction Co., Inc., in the total amount of $79,904.08. WHEREFORE, Plaintiffs respectfully request this Court to enter judgment against Defendant, Du-Cook Construction Co., Inc., in the amount of $79,904.08.

/s/ Beverly P. Alfon

Beverly P. Alfon Attorney for Plaintiffs BAUM SIGMAN AUERBACH & NEUMAN, LTD. 200 West Adams Street, Suite 2200 Chicago, IL 60606-5231 Bar No.: 6274459 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail]
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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 UPS NEXT DAY AIR (Tracking No. 1Z F36 162 01 9544 7901) to the following non-CM/ECF participant on or before the hour of 5:00 p.m. this 26th day of March 2009: Mr. Don J. Tessler, Registered Agent Du-Cook Construction Co., Inc. 1356 Lincolnshire Court Carol Stream, IL 60188

/s/ Beverly P. Alfon

Beverly P. Alfon Attorney for Plaintiffs BAUM SIGMAN AUERBACH & NEUMAN, LTD. 200 West Adams Street, Suite 2200 Chicago, IL 60606-5231 Bar No.: 6274459 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail]
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