Carpenters Fringe Benefit Funds of Illinois et al v. Prairie State Group, Inc.

Filing 14

MOTION by Plaintiffs Carpenters Fringe Benefit Funds of Illinois, Michael T Kucharski for judgment entry (Scanlon, Cecilia)

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

CARPENTERS FRINGE BENEFIT
FUNDS OF ILLINOIS, et al.,
Plaintiffs,
vs.
PRAIRIE STATE GROUP, INC.,
a Delaware corporation,
Defendant.

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CIVIL ACTION
NO. 12 C 0207
JUDGE ELAINE E. BUCKLO

MOTION FOR ENTRY OF JUDGMENT
Plaintiffs, by and through their attorneys, default having been entered against the Defendant
on March 20, 2012, request this Court enter judgment against Defendant, PRAIRIE STATE
GROUP, INC., a Delaware corporation. In support of that Motion, Plaintiffs state:
1.

On March 20, 2012, 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 May 2011 within 14 days of the entry of said Order. The Court also entered
an order that judgment would be entered after Defendant submitted its report and Plaintiffs
determined all amounts due from Defendant.
2.

On or about March 30, 2012, Plaintiffs received Defendant’s fringe benefit

contribution report for May 2011 indicating “no work.”
3.

On February 14, 2011, Plaintiffs’ auditors completed an audit of Defendant’s payroll

books and records for the time period May 1, 2007 through December 31, 2010. The audit findings

show that the Defendant is delinquent in contributions to the Funds in the amount of $7,797.63. (See
Affidavit of Deborah L. French).
4.

Additionally, the amount of $1,711.92 is due for liquidated damages. (French Aff.

Par. 6). Plaintiffs' auditing firm of Bansley and Kiener, L.L.P. charged Plaintiffs $1,230.00 to
perform the audit examination and complete the report (French Aff. Par. 7).
5.

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

against the Defendant in the amount of one and one-half (1.5%) percent of the total contributions
untimely received, compounded monthly at one and one-half (1.5%) percent, for the period accrued
through March 31, 2012, in the total amount of $555.37.
6.

In addition, Plaintiffs’ firm has expended $435.00 in costs and $595.00 in attorneys’

fees in this matter. (See Affidavit of Catherine M. Chapman).
7.

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

total amount of $12,324.92.
WHEREFORE, Plaintiffs respectfully request this Court to enter judgment in the amount of
$12,324.92.

/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 24th day of April
2012:
Mr. Jason Kozlowski, Registered Agent/President
Prairie State Group, Inc.
4590 Mackinac Street
Lake in the Hills, IL 60156

/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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