Hancock et al v. D Anderson Contracting, Inc.

Filing 27

MOTION by Plaintiffs Joseph Benson, Dale Bolt, William H. Collins, Terrence J. Hancock, Health and Welfare Fund of the Excavating Grading and Asphalt Craft Local No. 731, Local 731 I.B. of T., Excavators and Pavers Pension Trust Fund, John J. Lisner, David M. Snelten for judgment (Alfon, Beverly)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION TERRENCE J. HANCOCK, et al., Plaintiffs, vs. D ANDERSON CONTRACTING, INC., a dissolved Illinois corporation, Defendant. ) ) ) ) ) ) ) ) ) )

CIVIL ACTION NO. 09 C 1877 JUDGE JAMES B. ZAGEL

MOTION FOR ENTRY OF JUDGMENT Plaintiffs, by and through their attorneys, default having been entered against the Defendant on June 25, 2009, request this Court enter judgment against Defendant, D ANDERSON CONTRACTING, INC., a dissolved Illinois corporation. In support of that Motion, Plaintiffs state: 1. On June 25, 2009, this Court entered default against Defendant and granted Plaintiffs'

motion for an order directing Defendant to turn over its monthly fringe benefit contribution report for July 2009. The Court retained jurisdiction to enforce the June 25, 2009 order and enter judgment. 2. On November 16, 2009, Plaintiffs' counsel received Defendant's monthly fringe

benefit contribution reports for July 2009 through October 2009, via facsimile. The contribution reports show that the Defendant is delinquent in contributions to the Welfare Fund in the amount of $702.00 and to the Pension Fund in the amount of $566.80. (See Affidavit of Terrence J. Hancock). 3. Additionally, the amount of $140.00 is due for liquidated damages to the Welfare

Fund and $113.36 is due for liquidated damages to the Pension Fund. (Hancock Aff. Par. 5).

4.

In addition, Plaintiffs have incurred costs totaling $435.00 and reasonable attorneys'

fees totaling $3,257.50. (See Affidavit of Catherine M. Chapman). 5. Based upon the documents attached hereto, Plaintiffs request entry of judgment in

the total amount of $5,215.06. WHEREFORE, Plaintiffs respectfully request this Court to enter judgment in the amount of $5,215.06. /s/ Beverly P. Alfon

Beverly P. Alfon Attorney for the 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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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 served the above-referenced document by facsimile to the following non-CM/ECF participants on or before the hour of 4:00 p.m. this 12th day of March 2010: Mr. Todd A. Miller Allocco Miller & Cahill 3409 N. Paulina Street Chicago, IL 60657 773-529-2853 Ms. Tonya Anderson, President D Anderson Contracting, Inc. 625 E. 154th Place Phoenix, IL 60426 708-596-0265

/s/ Beverly P. Alfon Beverly P. Alfon Attorney for the 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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