Chicago Area Joint Welfare Committee for the Pointing, Cleansing and Caulking Industry, Local 52 et al v. Pendleton Industries, Inc.

Filing 18

MOTION by Plaintiffs Chicago Area Joint Welfare Committee for the Pointing, Cleansing and Caulking Industry, Local 52, Terry Rocco, Tuckpointers Local 52 Defined Contribution Annuity Trust Fund, Tuckpointers Local 52 Pension Plan for judgment (Scanlon, Cecilia)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
CHICAGO AREA JOINT WELFARE
COMMITTEE FOR THE POINTING,
CLEANING AND CAULKING
INDUSTRY, LOCAL 52, et al.,
Plaintiffs,
v.
PENDLETON INDUSTRIES, INC.,
an Illinois corporation,
Defendant.

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CIVIL ACTION
NO. 11 C 1655
JUDGE HARRY D. LEINENWEBER

MOTION FOR ENTRY OF JUDGMENT
Plaintiffs, by and through their attorneys, default having been entered against the Defendant
on May 11, 2011, request this Court enter judgment against Defendant, PENDLETON INDUSTRIES, INC., an Illinois corporation. In support of that Motion, Plaintiffs state:
1.

On May 11, 2011, this Court entered default against Defendant and granted Plaintiffs’

request for an order directing Defendant to turn over its monthly fringe benefit contribution reports
for the time period November 2010 forward. The Court also entered an order that judgment would
be entered after the Plaintiffs determined the total amount due and owing from Defendant.
2.

On June 20, 2011, Plaintiff Funds received Defendant’s monthly fringe benefit

contribution reports for November 2010 through May 2011 indicating no amounts due.
3.

However, in or around November 2010, Defendant submitted its monthly fringe

benefit contribution reports for June 2010 through October 2010. After application of a partial
payment in the amount of $5,000.00, the reports submitted indicate Defendant remains delinquent
in contributions to the Funds in the amount of $71,925.12. (See Affidavit of Terry Rocco).

4.

Additionally, the amount of $11,987.52 is due for liquidated damages. (Rocco Aff.

5.

In addition, Plaintiffs’ firm has expended the amount of $435.00 in costs and

Par. 5).

$2,434.50 in attorneys’ fees in this matter. (See Affidavit of Catherine M. Chapman).
6.

Based upon the documents attached hereto, Plaintiffs request entry of judgment in

the total amount of $74,794.62.
WHEREFORE, Plaintiffs respectfully request this Court to enter judgment in the amount of
$74,794.62.

/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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CERTIFICATE OF SERVICE
The undersigned, an attorney of record, hereby certifies that she electronically filed the
foregoing document (Motion for Entry of 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 participant on or before the hour of 5:00 p.m. this 29th day of June
2011:
Mr. Angelo A. Caruso, Registered Agent
Pendleton Industries, Inc.
1606 W. Lexington Drive
Arlington Heights, IL 60004

/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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