Central Laborers Pension Fund et al v. Glenn Rehbein Excavating, Inc.

Filing 8

MOTION by Plaintiffs Central Illinois Builders Industry Advancement Fund, Central Laborers Annuity Fund, Central Laborers Pension Fund, Central Laborers Welfare Fund, Illinois Laborers' and Contractors Training Trust Fund, Laborers' Local N o. 538, Market Preservation Fund, North Central Check Off Fund, North Central Illinois Laborers' Health and Welfare Fund, North Central Laborers Political League, North Central Laborers-Employers Cooperation Trust, North Central Midwest Region Foundation for Fair Contracting, North Central Vacation Fund, Northern Illinois Laborers' Welfare Fund, Work Dues Fund for judgment (Entry) (Attachments: # 1 Exhibit Minute Order)(Scanlon, Cecilia)

Central Laborers Pension Fund et al v. Glenn Rehbein Excavating, Inc.

Doc. 8

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION CENTRAL LABORERS PENSION ) FUND, et al., ) ) Plaintiffs, ) ) vs. ) ) GLENN REHBEIN EXCAVATING,) INC., a Minnesota corporation, ) ) Defendant. )

CIVIL ACTION NO. 10 C 5957 JUDGE SUZANNE B. CONLON

MOTION FOR ENTRY OF JUDGMENT Plaintiffs, by and through their attorneys, default having been entered against the Defendant on October 29, 2010 (a copy of the Minute Order entered October 29, 2010 is attached hereto) request this Court enter judgment against Defendant, GLENN REHBEIN EXCAVATING, INC., a Minnesota corporation. In support of that Motion, Plaintiffs state: 1. 2. On October 29, 2010, this Court entered default against Defendant. Defendant has submitted its monthly contribution report to the Plaintiffs identifying

employees of the Defendant who performed work covered by the collective bargaining agreement, and the number of hours worked by or paid to those employees for the month of June 2009. Said monthly contribution report establishes that Defendant owes the Plaintiffs $2,404.65 in contributions and $240.47 in liquidated damages, for a total of $2,645.12. (See Affidavit of Roger Shoup ¶4(b)) 3. Defendant has submitted monthly contribution reports to the Plaintiffs identifying

employees of the Defendant who performed work covered by the collective bargaining agreement, and the number of hours worked by or paid to those employees for the months of May 2009 and

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June 2009. However, Defendant shorted the contributions due for those months and accordingly owes the Plaintiffs $2,415.42 in shorted contributions. (Shoup Aff. ¶4(c)) 4. In addition, Plaintiffs' firm has expended $360.00 in costs and $545.00 in attorneys'

fees in this matter. (See Affidavit of Catherine M. Chapman) 5. Based upon the documents attached hereto, Plaintiffs request entry of judgment in

the total amount of $5,965.54. WHEREFORE, Plaintiffs respectfully request this Court to enter judgment in the amount of $5,965.54. /s/ Cecilia M. Scanlon

Cecilia M. Scanlon Attorney for Plaintiffs BAUM SIGMAN AUERBACH & NEUMAN, LTD. 200 West Adams Street, Suite 2200 Chicago, IL 60606-5231 Bar No.: 6288574 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 she electronically filed the foregoing document (Motion) 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 2nd day of November 2010: Illinois Secretary of State Department of Business Services Attn: File #6659-1409 Springfield, IL 62756 Glenn Rehbein Excavating, Inc. 4522 Belmont Avenue Chicago, IL 60641

/s/ Cecilia M. Scanlon

Cecilia M. Scanlon Attorney for Plaintiffs BAUM SIGMAN AUERBACH & NEUMAN, LTD. 200 West Adams Street, Suite 2200 Chicago, IL 60606-5231 Bar No.: 6288574 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail]
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