The Hotel Employees and Restaurant Employees International Union Welfare Fund et al v. DA ECIB USA, Inc. et al

Filing 10

MOTION by Plaintiffs Morty Miller, The Hotel Employees and Restaurant Employees International Union Welfare Fund for entry of default, MOTION by Plaintiffs Morty Miller, The Hotel Employees and Restaurant Employees International Union Welfare Fund for judgment (Attachments: # 1 Exhibit Return of Service, # 2 Exhibit Return of Service)(Finnegan, Laura)

The Hotel Employees and Restaurant Employees International Union Welfare.... DA ECIB USA, Inc. et al

Doc. 10

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION THE HOTEL EMPLOYEES AND RESTAURANT EMPLOYEES INTERNATIONAL UNION WELFARE FUND, et al., Plaintiffs, vs. DA ECIB USA, INC., a New York corporation, d/b/a BICE RISTORANTE, and ROBERTO RUGGERI, an individual, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) )

CIVIL ACTION NO. 10 C 6224 JUDGE BLANCHE M. MANNING

MOTION FOR ENTRY OF DEFAULT AND JUDGMENT NOW COME Plaintiffs, by their attorneys, and move for entry of judgment by default against Defendants, DA ECIB USA, INC., an New York corporation, d/b/a BICE RISTORANTE, and ROBERTO RUGGERI, an individual, in the total amount of $129,240.17, plus Plaintiffs' court costs and reasonable attorneys' fees in the amount of $2,667.50. On October 26, 2010, the Summons and Complaint was served on Defendant, DA ECIB USA, INC. (by tendering a copy of said documents to Jesselie Moneva, Managing Agent) at her place of business (a copy of the Summons and Affidavit of Service is attached hereto). Therefore, Defendant's answer was due on November 16, 2010. On October 26, 2010, the Summons and Complaint was served on Defendant, ROBERTO RUGGERI (by tendering a copy of said documents to Jesselie Moneva) at his place of business (a copy of the Summons and Affidavit of Service is attached hereto). Therefore, Defendant's answer was due on November 16, 2010.

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

/s/ Laura M. Finnegan

Laura M. Finnegan Attorney for Plaintiffs BAUM SIGMAN AUERBACH & NEUMAN, LTD. 200 West Adams Street, Suite 2200 Chicago, IL 60606-5231 Bar No.: 6210637 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 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 24th day of November 2010: DA ECIB USA, Inc. c/o Roberto Ruggeri 16 East 52nd Street, Suite 1201 New York, NY 10022 Ms. Kathryn Nelson Jaffe & Berlin, LLC 111 W. Washington Street, Suite 1401 Chicago, IL 60602 Mr. Roberto Ruggeri 16 East 52nd Street, Suite 1201 New York, NY 10022

/s/ Laura M. Finnegan

Laura M. Finnegan Attorney for Plaintiffs BAUM SIGMAN AUERBACH & NEUMAN, LTD. 200 West Adams Street, Suite 2200 Chicago, IL 60606-5231 Bar No.: 6210637 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail]
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