Plumbers Pension Fund Local 130 U A et al v. Encotech Construction Services, Inc.

Filing 8

MOTION by Plaintiffs Plumbers Pension Fund Local 130 U A, Local 130, U.A. Plumbers Welfare Fund for judgment (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit C(1))(Loseman, John)

04-20-10JWL146451-3

65100-1245LIT4915

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION PLUMBERS' PENSION FUND, LOCAL 130, U.A., et al., ) ) Plaintiffs, ) ) v. ) ) ENCOTECH CONSTRUCTION SERVICES, INC., ) ) Defendant. ) No. 10 C 1895 Judge Milton I. Shadur Magistrate Judge Michael T. Mason

PLAINTIFFS' MOTION FOR JUDGMENT Plaintiffs, Plumbers' Pension Fund, Local 130, U.A., and Plumbers' Welfare Fund, Local 130, U.A. (collectively, "Funds"), by their attorneys, John W. Loseman, Douglas A. Lindsay, and Brian T. Bedinghaus, with LEWIS, OVERBECK & FURMAN, LLP of counsel, move the Court to enter Judgment in favor of Funds and against Defendant, Encotech Construction Services, Inc. ("Encotech"). In support hereof, Funds state: 1. 2. Funds are multi-employer employee benefit funds. Funds filed this action to enforce a labor arbitration award that the Joint

Arbitration Board issued in favor of Funds and against Encotech under a collective bargaining agreement, pursuant to LMRA, 29 U.S.C. §185, and to recover the amount set forth in the Award along with Funds' reasonable attorneys' fees and costs. Complaint, Docket No. 1. 3. Encotech was served with process on March 29, 2010. Return of Service, Docket

No. 6. For the Court's convenience, a true and correct copy of the Return of Service is attached as Exhibit A.

4.

Pursuant to F.R.Civ.P. 12(a)(1), Encotech was required to answer the Complaint

by April 19, 2010. 5. As of the date of filing of this Motion, Encotech neither has appeared in this case

nor has answered or otherwise responded to the Complaint. 6. 7. Encotech is in default. Encotech owes the following:

JAB Decision and Award attached as Exhibit B to Complaint, per Collective Bargaining Agreement and LMRA, 29 U.S.C. §185. For Court's convenience, a copy of Award is attached hereto as Exhibit B. Attorneys' fees and costs as set forth in Affidavit of John W. Loseman attached hereto as Exhibit C, per Decision and Award and 29 U.S.C. §185 Total:

$25,000.00

3,785.46 $28,785.46

WHEREFORE, Plaintiffs, Plumbers' Pension Fund, Local 130, U.A. and Plumbers' Welfare Fund, Local 130, U.A., request that the Court enter judgment in favor of Plaintiffs and against Defendant, Encotech Construction Services, Inc., in the amount of $28,785.46. Plumbers' Pension Fund, Local 130, U.A., et al., by their attorneys, John W. Loseman, Douglas A. Lindsay, and Brian T. Bedinghaus By: /s/ John W. Loseman John W. Loseman 20 N. Clark Street, Suite 3200 Chicago, IL 60602-5093 312.580.1258 Of Counsel: LEWIS, OVERBECK & FURMAN, LLP 20 N. Clark Street, Suite 3200 Chicago, IL 60602-5093 312.580.1200

-2-

CERTIFICATE OF SERVICE John W. Loseman, an attorney, certifies that he caused a copy of the foregoing Plaintiffs' Motion for Judgment to be served on the following person(s): Encotech Construction Services, Inc. c/o Diane L. Frank, President 23250 Indian Creek Road Lincolnshire, IL 60069 by causing a true and correct copy thereof to be sealed in an envelope addressed as aforesaid, with proper first class postage prepaid, and deposited with the U.S. Postal Service at 20 N. Clark Street, Chicago, IL this 20th day of April, 2010. /s/ John W. Loseman

-3-