Sullivan et al v. D & D Plumbing & Heating, Inc.

Filing 11

MOTION by Plaintiffs Chicago Journeyman Plumbers' Local Union 130, U.A., Group Legal Services Plan Fund, Plumbers' Welfare Fund, Local 130, U.A., James T. Sullivan, The Plumbing Council of Chicagoland, The Trust Fund for Apprentice and Journeyman Education and Training, Local 130, U.A. for judgment AGREED JUDGMENT against D & D Plumbing & Heating, Inc. (Attachments: # 1 Exhibit A)(Bedinghaus, Brian)

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125248.0308Lit-5167 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION JAMES T. SULLIVAN, etc., et al., Plaintiffs, v. D & D PLUMBING & HEATING, INC., an Illinois corporation, Defendants. ) ) ) ) ) ) ) ) ) ) No. 11 C 6898 Judge Guzman Magistrate Judge Finnegan MOTION FOR ENTRY OF AGREED JUDGMENT NOW COME Plaintiffs, JAMES T. SULLIVAN, etc., et al., by their attorneys, DOUGLAS A. LINDSAY, JOHN W. LOSEMAN, and BRIAN T. BEDINGHAUS, with ROETZEL & ANDRESS, LPA, of counsel, and, move the Court to enter an Agreed Judgment Order. In support hereof, Plaintiffs state: 1. Plaintiffs initiated this action to collect all unpaid contributions and other damages owed by Defendant pursuant to the terms of a collective bargaining agreement, ERISA, 29 U.S.C. §1132, and LMRA, 29 U.S.C. §185. 2. Defendant was served with the Summons and Complaint on October 10, 2011. 3. Pursuant to Fed. R. Civ. P. 12(a)(1), Defendant was required to answer the Complaint by October 31, 2011. 4. Defendant has neither filed an appearance nor responded to the Complaint and is in default. 5. Defendant’s president, David M. Jackson, contacted Plaintiffs’ attorneys and agreed to entry of an Agreed Judgment in favor of Plaintiffs and against Defendant in the amount of $3,135.38. 6. Jackson delayed in returning the signed Agreed Judgment, causing Plaintiffs to file a Motion for Entry of Default Judgment (Docket No. 9), which is scheduled to be presented on Thursday, December 8, 2011, at 9:30 AM. 7. After Plaintiffs filed their Motion for Entry of Default Judgment, Defendant returned the signed Agreed Judgment attached hereto as Exhibit A. 8. Plaintiffs desire to withdraw their Motion for Entry of Default Judgment (Docket No. 9) and request that the Court enter the Agreed Judgment attached hereto as Exhibit A. WHEREFORE, Plaintiffs, JAMES T. SULLIVAN, etc., et al., request that the Court enter an Agreed Judgment in the form attached hereto as Exhibit A. JAMES T. SULLIVAN, etc., et al., by their attorneys, DOUGLAS A. LINDSAY, JOHN W. LOSEMAN, and BRIAN T. BEDINGHAUS By: /s/ Brian T. Bedinghaus Brian T. Bedinghaus 20 N. Clark Street, Suite 3200 Chicago, IL 60602 312.580.1269 Of Counsel: ROETZEL & ANDRESS, LPA 20 N. Clark Street Suite 3200 Chicago, IL 60602 312.580.1200 2 CERTIFICATE OF SERVICE I certify that I served a copy of the foregoing MOTION FOR ENTRY OF AGREED JUDGMENT on the following person(s): David W. Jackson 6818 W. Hobart Ave. Chicago, IL 60631 773.576.7580 by placing a true and correct copy thereof in a sealed envelope addressed as aforesaid, with proper first class postage prepaid, and deposited with the U.S. Postal Service at 20 N. Clark Street, Chicago, IL on November 29, 2011. In accordance with 28 U.S.C. §1746, I declare under penalty of perjury that the foregoing is true and correct. /s/ Brian T. Bedinghaus Brian T. Bedinghaus Of Counsel: ROETZEL & ANDRESS, LPA 20 N. Clark Street, Suite 3200 Chicago, IL 60602 312.580.1200 3

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