Midwest Operating Engineers Welfare Fund et al v. Rock Solid Paving & Excavating, Inc.

Filing 10

MOTION by Plaintiffs Michael Bernardi, Steven M Cisco, Marshall Douglas, David Fagan, Ed Gatwood, John E Kenny, Jr., Britt Lienau, Local 150, I.U.O.E. Vacation Savings Plan, James J McNally, Steven Michaels, Midwest Operating Engineers Pension Trust Fund, Midwest Operating Engineers Welfare Fund, Operating Engineers Local 150 Apprenticeship Fund, Michael D Piraino, Daniel R Plote, Dan Regan, David Rock, David M Snelten, James M Sweeney, Martin Turek for entry of default, MOTION by Plaintiffs Mic hael Bernardi, Steven M Cisco, Marshall Douglas, David Fagan, Ed Gatwood, John E Kenny, Jr., Britt Lienau, Local 150, I.U.O.E. Vacation Savings Plan, James J McNally, Steven Michaels, Midwest Operating Engineers Pension Trust Fund, Midwest Operating Engineers Welfare Fund, Operating Engineers Local 150 Apprenticeship Fund, Michael D Piraino, Daniel R Plote, Dan Regan, David Rock, David M Snelten, James M Sweeney, Martin Turek for judgment (Attachments: # 1 Exhibit)(Scanlon, Cecilia)

Midwest Operating Engineers Welfare Fund et al v. Rock Solid Paving & Excavating, Inc.

Doc. 10

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION JAMES M. SWEENEY, et al., ) ) Plaintiffs, ) ) vs. ) ) ROCK SOLID PAVING & EXCAVATING,) INC., an Indiana corporation, ) Defendant. )

CIVIL ACTION NO. 11 C 0370 JUDGE JAMES B. ZAGEL )

MOTION FOR ENTRY OF DEFAULT AND JUDGMENT NOW COME Plaintiffs, by their attorneys, and move for entry of judgment by default against Defendant, ROCK SOLID PAVING & EXCAVATING, INC., an Indiana corporation, in the total amount of $80,402.82, plus Plaintiffs' court costs and reasonable attorneys' fees in the amount of $3,513.50. On February 8, 2011, the Summons and Complaint was served on the Registered Agent by tendering a copy of said documents to him personally at his place of business (a copy of the Summons and Affidavit of Service is attached hereto). Therefore, Defendant's answer was due on March 1, 2011. As Defendant has failed to timely answer the Complaint, Plaintiffs respectfully request entry of default and judgment.

/s/ Cecilia M. Scanlon

Dockets.Justia.com

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 participant on or before the hour of 5:00 p.m. this 29th day of March 2011: Mr. Hugh Graham, Registered Agent Rock Solid Paving & Excavating, Inc. 11003 Thiel Street St. John, IN 46373-8791

/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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