Central Laborers Pension Fund et al v. RC Smith Concrete Company

Filing 7

MOTION by Plaintiffs Central Laborers Pension Fund, Illinois Laborers and Contractors Joint Apprenticeship and Training Fund, Local Union 772, L.I.U.N.A., Midwest Region Foundation For Fair Contracting, Midwest Region Organizing Committee, North Cent ral 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 de fault, MOTION by Plaintiffs Central Laborers Pension Fund, Illinois Laborers and Contractors Joint Apprenticeship and Training Fund, Local Union 772, L.I.U.N.A., Midwest Region Foundation For Fair Contracting, Midwest Region Organizing Committee, Nor th 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.
)
)
RC SMITH CONCRETE COMPANY,
)
an Illinois corporation,
)
)
Defendant.
)

CIVIL ACTION
NO. 11 C 7633
JUDGE MARVIN E. ASPEN

MOTION FOR ENTRY OF DEFAULT AND JUDGMENT
NOW COME Plaintiffs, by their attorneys, and move for entry of judgment by default against
Defendant, RC SMITH CONCRETE COMPANY, an Illinois corporation, in the total amount of
$1,978.87, plus Plaintiffs’ court costs and reasonable attorneys’ fees in the amount of $791.25.
On November 1, 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
November 22, 2011. As Defendant has failed to timely answer the Complaint, Plaintiffs respectfully
request entry of default and judgment.

/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]

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 furthe certifies
that I have mailed the above-referenced document by United States Mail to the following nonCM/ECF participant on or before the hour of 5:00 p.m. this 8th day of December 2011:
Mr. David M. Stieper, Registered Agent
RC Smith Concrete Company
Stieper Law Offices, Ltd.
2500 W. Higgins Road, Suite 1200
Hoffman Estates, IL 60169-7243

/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]
I:\CLJ\Smith, RC Concrete\motion.pnr.df.wpd