Board of Trustees of the Plumbers' Local Union No. 93 U.A. et al v. DN Plumbing, Inc. et al

Filing 17

MOTION by Plaintiffs Board of Trustees of the Joint Apprenticeship Committee Fund of the Plumbing & Heating Industry of Lake and McHenry Counties, Board of Trustees of the Plumbers' Local Union No. 93 U.A., Board of Trustees of the Plumbers' ; Local Union No. 93 U.A. Health and Welfare Fund, Board of Trustees of the Plumbers' Local Union No. 93 U.A. Pension Fund, Board of Trustees of the Plumbers' Local Union No. 93 U.A. Retirement Account Fund, The Industry Advancement Fund fo r judgment as to remaining claims (Attachments: # 1 Exhibit 1 - Entered Final Judgment and Default Judgment, # 2 Exhibit 2 - Affidavit of Delinquency, # 3 Exhibit 3 - Affidavit of Attorney's Fees, # 4 Exhibit 4 - Proposed Final Judgment Order)(Krol, Jeffrey)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION BOARD OF TRUSTEES of the PLUMBERS' LOCAL UNION NO. 93 U.A.; BOARD OF TRUSTEES of the PLUMBERS' LOCAL UNION NO. 93 U.A. RETIREMENT ACCOUNT FUND; BOARD OF TRUSTEES of the PLUMBERS' LOCAL UNION NO. 93 U.A. PENSION FUND; BOARD OF TRUSTEES of the PLUMBERS' LOCAL UNION NO. 93 U.A. HEALTH AND WELFARE FUND; BOARD OF TRUSTEES of the JOINT APPRENTICESHIP COMMITTEE FUND of the PLUMBING & HEATING INDUSTRY OF LAKE AND McHENRY COUNTIES; and The INDUSTRY ADVANCEMENT FUND; Plaintiffs, vs. DN PLUMBING, INC., an Illinois Corporation, and DOMENICO NICHILO a/k/a DOMINIC NICHILO, an Individual, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

CIVIL ACTION NO.: 09-CV-7115 JUDGE: SHADUR MAGISTRATE JUDGE: ASHMAN

FINAL JUDGMENT ORDER An Final Judgment Order is hereby entered in favor of Plaintiffs and against Defendant DN PLUMBING, INC. ("DN PLUMBING") and DOMENICO NICHILO a/k/a DOMINIC NICHILO ("NICHILO"), jointly and severally as follows: 1. Judgment is entered in favor of Plaintiffs and against Defendants DN PLUMBING and NICHILO, jointly and severally, in the aggregate amount of $28,698.81 for each of the following debts: A. Judgment is entered in favor of Plaintiffs and against Defendants DN 1
EXHIBIT 4

PLUMBING and NICHILO, jointly and severally, in the amount of $21,647.98 for the amounts owed under the breached Settlement Agreement of March 31, 2009; B. Judgment is entered in favor of Plaintiffs and against Defendants DN PLUMBING and NICHILO, jointly and severally, in the amount of $2,089.98 for liquidated damages and interest for the time period of January through September of 2009 per the terms of the Collective Bargaining and Trust Agreements. C. Judgment is entered in favor of Plaintiffs and against Defendants DN PLUMBING and NICHILO, jointly and severally, in the amount of $313.90 for liquidated damages and interest for the month of October 2009. D. Judgment is entered in favor of Plaintiffs and against Defendants DN PLUMBING and NICHILO, jointly and severally, in the amount of $4,646.95 for reasonable attorney's fees and costs. 2. That Plaintiffs have such other relief and further relief as this Court may deem just and equitable all at Defendants' cost, pursuant to 29 U.S.C. §1132(g)(2)(E).

ORDERED BY:

________________________________ HONORABLE JUDGE SHADUR Dated: __________________________

2