The Fox Valley Laborers' Health and Welfare Fund et al v. Petro Paving Company, Inc.

Filing 37

MOTION by Plaintiffs Vern Bauman, Dan Brejc, John Bryan, Sr, Toby Koth, Al Orosz, Mike Shales, The Fox Valley Laborers' Health and Welfare Fund, The Fox Valley Laborers' Pension Fund for judgment entry (Chapman, Catherine)

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

MIKE SHALES, et al.,
Plaintiffs,
v.
PETRO PAVING COMPANY, INC.,
an Illinois corporation,
Defendant.

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CIVIL ACTION
NO. 11 C 8921
JUDGE EDMOND E. CHANG

MOTION FOR ENTRY OF JUDGMENT
Plaintiffs, by and through their attorneys, default having been entered against the Defendant
on May 9, 2012, request this Court enter judgment against Defendant, PETRO PAVING
COMPANY, INC., an Illinois corporation. In support of that Motion, Plaintiffs state:
1.

On May 9, 2012, this Court entered default against Defendant and granted Plaintiffs’

request for an order directing an audit of the Defendant’s payroll books and records. The Court also
entered an order that judgment would be entered after the completion of the audit.
2.

Plaintiffs’ auditors performed the audit of Defendant’s payroll books and records on

October 28, 2011, March 29, 2012 and July 13, 2012. The audit findings show that the Defendant
is delinquent in contributions to the Funds in the amount of $215,321.61. (See Affidavit of Patricia
M. Shales).
3.

Additionally, the amount of $43,064.32 is due for liquidated damages and the amount

of $363,688.90 is due for compounded interest. (Shales Aff. Par. 6, 7). Plaintiffs' auditing firm of

Howard Levinson & Associates charged Plaintiffs $2,759.12 to perform the audit examination and
complete the report (Shales Aff. Par. 8).
4.

Pursuant to the Trust Agreements, a liquidated damages surcharge has been assessed

against the Defendant for the contribution months of August 2010 and September 2010 in the
amount of ten (10%) percent of the total contributions untimely received, compounded monthly at
two (2%) percent, for the period accrued through July 31, 2012, in the total amount of $352.95
(Shales Aff. Par. 9).
5.

In addition, Plaintiffs’ firm has expended the amount of $520.00 in costs and

$9,747.00 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 $635,453.90.
WHEREFORE, Plaintiffs respectfully request this Court to enter judgment in the amount of
$635,453.90.

/s/ Catherine M. Chapman

Catherine M. Chapman
Attorney for Plaintiffs
BAUM SIGMAN AUERBACH & NEUMAN, LTD.
200 West Adams Street, Suite 2200
Chicago, IL 60606-5231
Bar No.: 6204026
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
I:\FVLJ\Petro Paving\Pleadings\motion-judgment.cmc.df.wpd

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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 participants on or before the hour of 5:00 p.m. this 13th day of
December 2012:
Mr. William Straumann, President
Petro Paving Company, Inc.
471 White Oak Drive
Cary, IL 60073

/s/ Catherine M. Chapman

Catherine M. Chapman
Attorney for Plaintiffs
BAUM SIGMAN AUERBACH & NEUMAN, LTD.
200 West Adams Street, Suite 2200
Chicago, IL 60606-5231
Bar No.: 6204026
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
I:\FVLJ\Petro Paving\Pleadings\motion-judgment.cmc.df.wpd