Carpenters Fringe Benefit Funds of Illinois et al v. MacDonald Construction Services, Inc.

Filing 25

MOTION by Plaintiffs Carpenters Fringe Benefit Funds of Illinois, Michael T Kucharski for judgment entry (Ryan, Patrick)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION CARPENTERS FRINGE BENEFIT FUNDS OF ILLINOIS, et al., Plaintiffs, vs. MACDONALD CONSTRUCTION SERVICES, INC., an Illinois corporation, Defendant. ) ) ) ) ) ) ) ) ) ) )

CIVIL ACTION NO. 09 C 2409 JUDGE JOAN H. LEFKOW

MOTION FOR ENTRY OF JUDGMENT Plaintiffs, by and through their attorneys, default having been entered against the Defendant on June 23, 2009, request this Court enter judgment against Defendant, MACDONALD CONSTRUCTION SERVICES, INC. In support of that Motion, Plaintiffs state: 1. On June 23, 2009, this Court entered default against Defendant and granted Plaintiffs'

request for an order directing an audit of the Defendant's payroll books and records for the time period July 1, 2007 forward. The Court also entered an order that judgment would be entered after the completion of the audit. 2. As of the date of filing the instant motion, Defendant has failed to comply with the

Court's Order entered on June 23, 2009 requiring an audit of Defendant's payroll books and records for the time period July 1, 2007 forward. 3. Plaintiff Funds have reviewed monthly fringe benefit contribution reports submitted

to the Chicago Funds for the months of November 2008 through March 2009. Based upon those

reports, there is $39,169.98 due Plaintiff Funds for contributions for the stated time period. (See Affidavit of Deborah L. French). 4. Additionally, the amount of $3,917.00 is due for liquidated damages. (French Aff.

Par. 5). After application of partial payments totaling $29,084.90, there remains $14,002.08 due for the time period November 2008 through March 2009. (French Aff. Par. 4(c)). 5. Defendant has had an employee covered by the collective bargaining agreement

during the month of February 2009, and that this employee has submitted check stubs showing the number of hours worked by him for the Defendant. Based upon these check stubs, it has been determined that $363.35 is due for contributions and $36.34 is due for liquidated damages, for a total of $399.69. (French Aff. Par. 4(d)). 6. Defendant has by its failure to submit monthly contribution reports for the months

of April 2009 through August 2009, concealed the number of hours for which contributions are due. Based upon a review of the Defendant's reporting history, a reasonable estimate of the concealed contributions is $44,783.37 and $4,478.34 for liquidated damages, for a total of $49,261.71, due for the aforesaid months. (French Aff. Par. 4(e)). 7. Pursuant to the Trust Agreements, a liquidated damages surcharge has been assessed

against the Defendant in the amount of one and one-half (1.5%) percent of the total contributions untimely received, compounded monthly at one and one-half (1.5%) percent, for the period accrued through July 31, 2009, in the total amount of $180.47. (French Aff. Par. 5). 8. In addition, Plaintiffs' firm has expended the amount of $1,796.25 in attorneys' fees

and $520.00 for costs, for a total of $2,316.25. (See Affidavit of Catherine M. Chapman).

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9.

Based upon the documents attached hereto, Plaintiffs request entry of judgment in

the total amount of $66,160.20. WHEREFORE, Plaintiffs respectfully request this Court to enter judgment in the amount of $66,160.20. /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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CERTIFICATE OF SERVICE The undersigned, an attorney of record, hereby certifies that he 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 United States Mail to the following non-CM/ECF participant on or before the hour of 5:00 p.m. this 29th day of September 2009: Mr. Thomas Vaclavek, Jr., Registered Agent MacDonald Construction Services, Inc. 8600 US Highway 14, Suite 201 Crystal Lake, IL 60012 Mr. Edward Mac Donald, President MacDonald Construction Services, Inc. 308 Oakleaf Road Lake in the Hills, IL 60156-1237 Ms. Susan MacDonald, Secretary MacDonald Construction Services, Inc. 308 Oakleaf Road Lake in the Hills, IL 60156-1237

/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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