Chicago Regional Council of Carpenters Pension Fund et al v. Cygnus Construction, Inc.

Filing 19

MOTION by Plaintiffs Chicago Regional Council of Carpenters Pension Fund, Chicago Regional Council of Carpenters Welfare Fund, Chicago and Northeast Illinois Regional Council of Carpenters Apprentice and Training Program, Joseph Feldner, William Gerr ish, Todd H. Harris, Paul R. Hellermann, Jeffrey Isaacson, Benjamin Johnston, Keith Jutkins, James J. Krein, III, Labor/Management Union Carpentry Cooperation Promotion Fund, Albert L. Leitschuh, Frank T. Libby, Roger A. Monaco, Bruce A. Nelson, Joseph Pastorino, J. David Pepper, Gary Perinar, Jr, Mark Schmidt, Mark Scott, Michael J. Sexton, James A. Sikich, Gerald W. Thiel, Jr for judgment against defendant Cygnus Construction, Inc. (McJessy, Kevin)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION CHICAGO REGIONAL COUNCIL OF PENSION FUND et al. Plaintiffs v. CYGNUS CONSTRUCTION, INC., an Illinois corporation, Defendant. ) ) ) ) ) ) ) ) ) ) )

09 C 1732 Judge Pallmeyer

PLAINTIFF'S MOTION FOR ENTRY OF JUDGMENT Plaintiffs Chicago Regional Council of Carpenters Pension Fund et al. ("Plaintiffs"), by and through their attorneys and pursuant to Federal Rules of Civil Procedure 37 and 55, hereby move this Court either (i) to enter judgment as to liability against Defendant Cygnus Construction, Inc. ("Defendant") and set this matter for prove up for failing to comply with this Court's order and to actively defend this matter, or (ii) alternatively, if Defendant responds to this motion, to set a final date by which Defendant must respond to Plaintiffs' outstanding interrogatories and produce the documents responsive to Plaintiffs' outstanding document requests subject to entry of judgment if Defendant fails to comply. In support of their motion, Plaintiffs state as follows: 1. Plaintiff served interrogatories and document requests on Defendant on October

22, 2009. To date, Defendant has not responded to the interrogatories or produced the documents responsive to the document requests. 2. The court was advised of Defendant's outstanding discovery responses by the

parties at the hearing on November 30, 2009 when counsel orally moved this Court to enter a

date by which Defendant had to provide its overdue discovery responses. The Court ordered that "Defendant will respond to outstanding discovery . . . on or before January 6, 2010." See Order, Nov. 30, 2009, Exhibit A. 3. Defendant has failed to respond to the outstanding discovery. Moreover,

Defendant's counsel subsequently advised that Defendant would not respond to the outstanding discovery requests. 4. Plaintiffs move this Court to enter judgment as to liability against Defendant and

set this matter for prove up. Or, alternatively, if Defendant responds to this motion, then Plaintiffs move this Court to set a final date by which Defendant must respond to Plaintiffs' outstanding interrogatories and produce the documents responsive to Plaintiffs' outstanding document requests subject to entry of judgment and setting this matter for prove up of damages if Defendant fails to comply. WHEREFORE, Plaintiffs respectfully request that this Court enter judgment as to liability against Defendant and set this matter for prove up; alternatively, if Defendant responds to this motion, then Plaintiffs respectfully request that this Court set a final date by which Defendant must respond to Plaintiffs' outstanding interrogatories and produce the documents responsive to Plaintiffs' outstanding document requests subject to entry of judgment and setting this matter for prove up of damages if Defendant fails to comply.

2

CHICAGO REGIONAL COUNCIL OF CARPENTERS PENSION FUND et al. By: Kevin P. McJessy MCJESSY, CHING & THOMPSON, LLC 3759 North Ravenswood, Suite 231 Chicago, Illinois 60613 [phone] [phone] (facsimile) [e-mail] s/ Kevin P. McJessy One of His attorneys

3

CERTIFICATE OF SERVICE I, Kevin P. McJessy, an attorney, certify that I caused the foregoing Plaintiff's Motion For Entry of Judgment to be served upon Shelly DeRousse Stahl Cowen 55 West Monroe Street Suite 1200 Chicago, Illinois 60603 via electronic delivery via the Court's CM/ECF filing system on February 10, 2010. s/ Kevin P. McJessy Kevin P. McJessy

4

EXHIBIT A 09 C 1732

5

Order Form (01/2005)

Case 1:09-cv-01732

Document 17

Filed 11/30/2009

Page 1 of 1

United States District Court, Northern District of Illinois
Name of Assigned Judge or Magistrate Judge

Rebecca R. Pallmeyer 09 C 1732

Sitting Judge if Other than Assigned Judge

CASE NUMBER CASE TITLE

DATE

11/30/2009

Chicago Regional Council of Carpenters Pension Fund, et al vs. Cygnus Construction, Inc.

DOCKET ENTRY TEXT

Status hearing held on 11/30/2009. Discovery close date extended to 2/3/10. Defendant will respond to outstanding discovery and serve its own written discovery requests on or before 1/6/2010. Status hearing set for 2/10/2010 at 9:00.

Notices mailed by Judicial staff.

00:03

Courtroom Deputy Initials:

ETV

09C1732 Chicago Regional Council of Carpenters Pension Fund, et al vs. Cygnus Construction, Inc.

Page 1 of 1