Central Laborers Pension Fund et al v. Bunger

Filing 7

MOTION by Plaintiffs Central Laborers Pension Fund, Illinois Laborers and Contractors Joint Apprenticeship and Training Fund, Local Union 32, L.I.U.N.A., Midwest Region Foundation For Fair Contracting, Midwest Region Organizing Committee, North Centr al Illinois Laborers' Health and Welfare Fund, North Central Laborers' - Employers Cooperation Trust, North Central Vacation Fund, Northern Illinois Laborers' Annuity Fund, Northern Illinois Laborers' Welfare Fund for entry of def ault, MOTION by Plaintiffs Central Laborers Pension Fund, Illinois Laborers and Contractors Joint Apprenticeship and Training Fund, Local Union 32, L.I.U.N.A., Midwest Region Foundation For Fair Contracting, Midwest Region Organizing Committee, North Central Illinois Laborers' Health and Welfare Fund, North Central Laborers' - Employers Cooperation Trust, North Central Vacation Fund, Northern Illinois Laborers' Annuity Fund, Northern Illinois Laborers' Welfare Fund for judgment (Attachments: # 1 Exhibit)(Ryan, Patrick)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

CENTRAL LABORERS PENSION FUND; )
et al.,
)
)
Plaintiffs,
)
)
vs.
)
)
BRETT BUNGER, an individual, d/b/a
)
MARYOTT EXCAVATING, a/k/a
)
MARYOTT EXCAVATING, INC., a
)
dissolved Illinois corporation,
)
)
Defendant.
)

CIVIL ACTION
NO. 11 C 7632
JUDGE SAMUEL DER-YEGHIAYAN

MOTION FOR ENTRY OF DEFAULT AND JUDGMENT
NOW COME Plaintiffs, by their attorneys, and move for entry of judgment by default against
Defendant, BRETT BUNGER, an individual, d/b/a MARYOTT EXCAVATING, a/k/a MARYOTT
EXCAVATING, INC., a dissolved Illinois corporation, in the total amount of $6,258.34, plus
Plaintiffs’ court costs and reasonable attorneys’ fees in the amount of $856.75.
On October 30, 2011, the Summons and Complaint was served on the Defendant by
tendering a copy of said documents to his wife, Jennifer L. Bunger, at his residence (a copy of the
Summons and Affidavit of Service is attached hereto). Therefore, Defendant’s answer was due on
November 21, 2011. As Defendant has failed to timely answer the Complaint, Plaintiffs respectfully
request entry of default and judgment.

/s/ Patrick N. Ryan

CERTIFICATE OF SERVICE
The undersigned, an attorney of record, hereby certifies that he 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 1st day of December 2011:
Mr. Brett Bunger
d/b/a Maryott Excavating
5534 Byers Road
Kirkland, IL 60146

/s/ Patrick N. Ryan

Patrick N. Ryan
Attorney for Plaintiffs
BAUM SIGMAN AUERBACH & NEUMAN, LTD.
200 West Adams Street, Suite 2200
Chicago, IL 60606-5231
Bar No.: 6278364
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
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