Carpenters Pension Fund of Illinois et al v. Kurtz et al

Filing 23

MOTION by Plaintiffs Carpenters Pension Fund of Illinois, Carpenters Retirement Savings Fund of Illinois for judgment (Ryan, Patrick)

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

CARPENTERS PENSION FUND OF
ILLINOIS, et al.,
Plaintiffs,
vs.
DAVID KURTZ, individually and d/b/a
LANGELAND CONSTRUCTION CO.,
a/k/a W.C. LANGELAND & CO., INC.,
KIMBERLY KURTZ, individually and
d/b/a LANGELAND CONSTRUCTION
CO., a/k/a W.C. LANGELAND & CO.,
INC.,
Defendants.

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CIVIL ACTION
NO. 12 C 3776
JUDGE EDMOND E. CHANG

MOTION FOR ENTRY OF JUDGMENT
Plaintiffs, by and through their attorneys, default having been entered against the Defendants
on August 23, 2012, request this Court enter judgment against Defendants, DAVID KURTZ,
individually and d/b/a LANGELAND CONSTRUCTION CO., a/k/a W.C. LANGELAND & CO.,
INC. and KIMBERLY KURTZ, individually and d/b/a LANGELAND CONSTRUCTION CO., a/k/a
W.C. LANGELAND & CO., INC. In support of that Motion, Plaintiffs state:
1.

On August 23, 2012, this Court entered default against Defendants and granted

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

Plaintiffs’ auditors completed that audit and issued a report indicating that the

Defendants are delinquent in contributions and liquidated damages to the Funds in the amount of

$51,028.21, covering the period January 2010 through September 2012. (See Affidavit of Deborah
L. French, ¶¶ 4, 5).
3.

Plaintiffs’ auditing firm of Bansley and Kiener, LLP charged Plaintiffs $1,728.24 to

perform the audit examination and complete the report, which amount the Plaintiffs are entitled to
recover from Defendants (French Aff. ¶ 6).
4.

Defendants further owe Plaintiffs the principal amount of $277,371.22, plus interest

at the rate of 1.5% per month, based on their breach of a promissory note executed by Defendants
in favor of Plaintiffs (French Aff. ¶ 3).
5.

In addition, Plaintiffs’ firm has expended the amount of $450.00 in costs and

$3,677.00 in attorneys’ fees in this matter, which amounts Plaintiffs are entitled to recover from
Defendants. (See Affidavit of Catherine M. Chapman).
WHEREFORE, Plaintiffs respectfully request this Court to enter judgment in the amount of
$334,254.67.

/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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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, and by e-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. David Kurtz
202 Heritage Drive
Minooka, IL 60047
[e-mail]
Ms. Kimberly Kurtz
202 Heritage Drive
Minooka, IL 60047
[e-mail]

/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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