Iron Workers' Mid-America Pension Plan et al v. MCK Services, Inc. et al

Filing 10

MOTION by Plaintiffs Iron Workers' Mid-America Pension Plan, Iron Workers' Mid-America Supplemental Monthly Annuity (SMA) Fund, Joseph J Burke, Iron Workers' Local 498 Fringe Benefit Funds, Iron Workers' Local Union No. 498 of the Bridge, Structural, Ornamental and Reinforcing Iron Workers for entry of default, MOTION by Plaintiffs Iron Workers' Mid-America Pension Plan, Iron Workers' Mid-America Supplemental Monthly Annuity (SMA) Fund, Joseph J Burke, Iron Workers& #039; Local 498 Fringe Benefit Funds, Iron Workers' Local Union No. 498 of the Bridge, Structural, Ornamental and Reinforcing Iron Workers for judgment (Attachments: # 1 Exhibit Return of Service (Christine Kraft), # 2 Exhibit Return of Service (MCK Services))(Ryan, Patrick)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION IRON WORKERS' MID-AMERICA PENSION PLAN, et al., Plaintiffs, vs. MCK SERVICES, INC., an Illinois corporation, and CHRISTINE KRAFT, an individual, Defendants. ) ) ) ) ) ) ) ) ) ) ) )

CIVIL ACTION NO. 09 C 4282 JUDGE REBECCA R. PALLMEYER

MOTION FOR ENTRY OF DEFAULT AND JUDGMENT NOW COME Plaintiffs, by their attorneys, and move for entry of judgment by default against Defendant, MCK SERVICES, INC., an Illinois corporation, in the total amount of $506,773.85, plus Plaintiffs' court costs and reasonable attorneys' fees in the amount of $3,814.08, for a total of $510,587.93. Further, Plaintiffs move for the entry of judgment by default against Defendant, CHRISTINE KRAFT, an individual, in the total amount of $65,901.35. On July 20, 2009, the Summons and Complaint was served on the Registered Agent by tendering a copy of said documents to her personally at her residence (a copy of the Summons and Affidavit of Service is attached hereto). Therefore, Defendant, MCK SERVICES, INC.'s answer was due on August 10, 2009. Further, on July 20, 2009, the Summons and Complaint was served on Defendant, CHRISTINE KRAFT, by tendering a copy of said documents to her personally at her residence (a copy of the Summons and Affidavit of Service is attached hereto). Therefore, Defendant, CHRISTINE KRAFT's answer was due on August 10, 2009.

As Defendants have failed to timely answer the Complaint, Plaintiffs respectfully request entry of default and judgment. /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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2

CERTIFICATE OF SERVICE The undersigned, an attorney of record, hereby certifies that he electronically filed the foregoing document (Motion for Entry of Default and 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 participants on or before the hour of 5:00 p.m. this 18th day of August 2009: Ms. Christine F. Kraft, Registered Agent MCK Services, Inc. 5293 W. Beaver Road Freeport, IL 61032-8510 Ms. Christine F. Kraft, Registered Agent MCK Services, Inc. 575 North Henderson Road Freeport, IL 61032 Ms. Christine F. Kraft 5293 W. Beaver Road Freeport, IL 61032-8510

/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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