Solis v. IMG Products Corporation et al
Filing
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MOTION by Plaintiff Hilda L. Solis for judgment Secretary of Labor's Motion for Entry of Judgment by Default (Attachments: # 1 Exhibit A-Declaration of Richard W. Pratt, # 2 Certificate of Service)(Kordys, Richard)
Solis v. IMG Products Corporation et al
Doc. 19
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION HILDA L. SOLIS, Secretary of Labor, United States Department of Labor, Plaintiff, v. IMG PRODUCTS CORPORATION and JOHN PLANTON, Individually, Defendants. ) ) ) ) ) ) ) ) ) ) ) CIVIL ACTION File No.: 1:10-cv-01983 Honorable George W. Lindberg, Judge Honorable Maria Valdez, Magistrate Judge
SECRETARY OF LABOR'S MOTION FOR ENTRY OF JUDGMENT BY DEFAULT HILDA L. SOLIS, Secretary of Labor, United States Department of Labor, ("Secretary") hereby requests the Court enter a judgment by default against defendants, IMG PRODUCTS CORPORATION f/k/a ILLINOIS MACHINING GROUP, ILLINOIS MACHINING GROUP INC., and IMG PRODUCTS COMPANY and JOHN PLANTON, Individually, (defendants). In support of this motion, the Secretary states as follows: 1. This case concerns violations of the Fair Labor Standards Act of 1938, as
amended ("FLSA") (29 U.S.C. § 201 et seq.). 2. 3. The complaint in this matter was filed on March 30, 2010. On or about March 30, 2010, the Clerk of this Court issued Summons in this
action directed to each defendant named herein. 4. In accordance with Fed. R. Civ. P. 4 on June 28, 2010, the United States Marshals
Service served each defendant with a Summons and a copy of the Complaint. The executed service return forms were filed with the Clerk of this Court by the United States Marshals Service on August 5, 2010.
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5.
Defendants failed to file an answer or otherwise defend and on September 1, 2010
a default was entered against the defendants pursuant to Fed. R. Civ. P. 55(a). 6. The Secretary requests the Court enter judgment against defendants in the amount
of $51,956.10 which represents unpaid minimum wage and overtime compensation owed to their employees under 29 U.S.C. § 206 and § 207 and an additional $51,956.10 in liquidated damages pursuant 29 U.S.C. § 216(c) and Walton v. United Consumers Club, Inc., 786 F.2d 303, 310 (7th Cir. 1986) (holding that double damages are the norm under the FLSA and single damages are the exception). The Secretary also seeks the entry of an injunction enjoining defendants from violating the minimum wage, overtime and recordkeeping provisions of the FLSA in the future. 7. In support of this motion, the Secretary submits a Declaration of the Investigator
which is attached hereto and incorporated herein by reference as Exhibit A. WHEREFORE, the Secretary respectfully requests the Court enter judgment against defendants as requested herein and grant such other just and proper relief deemed appropriate. Respectfully submitted, M. PATRICIA SMITH Solicitor of Labor JOAN E. GESTRIN Regional Solicitor s/ Richard A. Kordys RICHARD A. KORDYS Attorney P.O. ADDRESS: U.S. Department of Labor Office of the Solicitor 230 South Dearborn Street Eighth Floor Chicago, Illinois 60604 Telephone: (312) 353-1219 kordys-richard@dol.gov; sol-chi@dol.gov Attorneys for HILDA L. SOLIS, Secretary of Labor, United States Department of Labor, Plaintiff
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