Anderson et al v. Paskotech Painting & Industrial Flooring Inc.

Filing 45

MOTION by Plaintiffs Charles E. Anderson, Northern Illinois Painting and Drywall Institute, Painters and Allied Trades District Council No. 30 Joint Apprenticeship and Training Fund, Painters' District Council No. 30 Health and Welfare Fund, Pai nters' District Council No. 30 Pension Fund, Painters' District Council No. 30, International Union of Painters and Allied Trades, AFL-CIO, Donald Steadman, Ricky Vandegraft for judgment /Entry of Judgment (Attachments: # 1 Exhibit 1 - Declaration of Gerard J. Pater dated 12.10.10, # 2 Exhibit 2 - Declaration of Gerard Pater dated 10.5.10, # 3 Exhibit 3 - Declaration of David Huffman-Gottschling, # 4 Exhibit 4 - Proposed Order)(Huffman-Gottschling, David)

Anderson et al v. Paskotech Painting & Industrial Flooring Inc.

Doc. 45

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION Charles E. Anderson, Trustee on Behalf of Painters' District Council No. 30 Pension Fund, Painters' District Council No. 30 Health and Welfare Fund, and Northern Illinois Painters, Decorators and Drywall Finishers Joint Apprenticeship and Training Fund; Rick Vandegraft, Trustee on Behalf of the Northern Illinois Painting and Drywall Institute; and the District Council No. 30 of the International Union of Painters and Allied Trades, AFL-CIO, a Labor Organization, v. Plaintiffs,

Case No. 09-cv-2576 Judge Darrah Magistrate Judge Brown

Paskotech Painting & Industrial Flooring Inc., a Michigan corporation, Defendant. PLAINTIFFS' MOTION FOR ENTRY OF JUDGMENT Pursuant to this Court's order entered December 1, 2010 (the "Order"), Plaintiffs respectfully move this Court for the entry of judgment in their favor and against Defendant in the total amount of $109,437.56, on the basis of the information set forth below: 1. In the Order, the Court granted Plaintiffs' motion for summary judgment and

found that Defendant was liable to Plaintiffs for delinquent contributions, assessments, and dues in the total principal amount of $64,487.79, and directed Plaintiffs to submit a proposed order setting forth the additional amounts owed by Plaintiffs pursuant to Section 502(g)(2) of ERISA, 29 U.S.C. § 1132(g)(2), including interest, liquidated damages, attorneys' fees, and costs. 2. Total interest on the delinquent contributions to the "ERISA Funds"--i.e. the

Painters' District Council No. 30 Pension Fund, the Painters' District Council No. 30

Dockets.Justia.com

Health and Welfare Fund, and the Painters' & Allied Trades District Council No. 30 Joint Apprenticeship and Training Fund--through December 31, 2010, is $9,739.21. (Exh. 1 ­ Declaration of Gerard Pater at ¶ 3.) 3. Liquidated damages on the delinquent contributions to the "ERISA Funds" are,

pursuant to Section 502(g)(2) of ERISA, twenty percent of the delinquencies. This amount is $11,357.33, as reflected in paragraph 16 of the Declaration of Gerard Pater attached as Exhibit 10 to Plaintiffs' Motion for Summary Judgment, attached again as Exhibit 2 to this motion. 4. The auditors' fees incurred in connection with the instant case total $2,227.50.

(Exh. 2 ­ Pater Decl. at ¶ 17.) 5. Plaintiffs have incurred $1,340.45 in taxable costs and $340.73 in related non-

taxable expenses in connection with this matter. (Exh. 3 ­ Declaration of David HuffmanGottschling at ¶ 10-11.) 6. Plaintiffs have incurred $21,285.00 in attorneys' fees in connection with this mat-

ter. (Exh. 3 - Huffman-Gottschling Decl. at ¶ 9.) 7. The total owed to Plaintiffs, the sum of the principal amount of $64,487.79

awarded in the Order and the additional elements of damages set forth in paragraphs (2) through (6) above, is $109,437.56. 8. A proposed order is attached as Exhibit 4.

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FOR ALL THE FOREGOING REASONS, Plaintiffs respectfully request that this Court enter judgment in favor of Plaintiffs and against Defendant Paskotech in the total amount of $109,437.56. Respectfully submitted, s/ David Huffman-Gottschling One of Plaintiffs' attorneys David Huffman-Gottschling ARDC No. 6269976 Jacobs, Burns, Orlove and Hernandez 122 S. Michigan Ave., Ste. 1720 Chicago, Illinois 60603 [phone] CERTIFICATE OF SERVICE I, David Huffman-Gottschling, an attorney, certify that I caused a copy of the foregoing document to be served electronically upon the following person by filing it using the ECF system on December 10, 2010: Kathleen Cahill Allocco, Miller & Cahill 3409 N. Paulina St. Chicago, IL 60657-1220 /s/ David Huffman-Gottschling David Huffman-Gottschling

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