Trustees of the Suburban Teamsters of Northern Illinois Welfare and Pension Funds v. Castillo Trucking, of Bourbonnais, Inc., an Illinois corporation et al

Filing 9

MOTION by Plaintiff Trustees of the Suburban Teamsters of Northern Illinois Welfare and Pension Funds for judgment (Attachments: # 1 Affidavit John J. Toomey, # 2 Affidavit Richard Siebert, # 3 Text of Proposed Order Judgment Order)(Toomey, John)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
TRUSTEES OF THE SUBURBAN TEAMSTERS )
OF NORTHERN ILLINOIS WELFARE AND
)
PENSION FUNDS,
)
)
Plaintiffs,
)
) No. 2012 C 5097
v.
)
) Judge Bucklo
)
CASTILLO TRUCKING, OF BOURBONNAIS,
)
INC., an Illinois corporation, and
) Magistrate Judge Denlow
FRANK M. CASTILLO, Individually,
)
)
Defendants.
)
MOTION FOR DEFAULT & JUDGMENT IN SUM CERTAIN
NOW COME the Plaintiffs, TRUSTEES OF THE SUBURBAN TEAMSTERS OF
NORTHERN ILLINOIS WELFARE AND PENSION FUNDS, by and through their
attorneys, JOHN J. TOOMEY, and ARNOLD AND KADJAN, and, pursuant to FRCP 55,
move for entry of an order of default and judgment in sum certain. In support of their
Motion, Plaintiffs state as follows:
1.

Suit was filed on June 26, 2012 for collection of delinquent ERISA

contributions, plus attorneys’ fees, costs, and interest, under 29 U.S.C. 1132(g)(2).
2.

Service was made upon Castillo Trucking, of Bourbonanais, Inc., an Illinois

corporation, on July 11, 2012, and a copy of the proof of service was filed with the court on
July 18, 2012.
3.

Service was made upon Frank M. Castillo, Individually, on July 11, 2012,

and a copy of the proof of service was filed with the court on July 18, 2012.
4.

More than 21 days have passed without any response to the Complaint by

Defendants, so that Defendants are now in default.

5.

As supported by the attached Affidavits, the sums due on the Complaint

are:
$13,257.55
$5,892.81
$2,507.76
$1,974.23
$925.00
$473.00
$25,030.35

Pension audit
Welfare audit
Pension Fund installment note
Welfare Fund installment note
Attorneys fees
Court costs

WHEREFORE, Plaintiffs pray for the entry of an Judgment Order in favor of the
Plaintiffs Trustees of the Suburban Teamsters of Northern Illinois Welfare and Pension
Funds as follows:
A.

Judgment against Defendant, Castillo Trucking, of Bourbonnais, Inc., an

Illinois corporation in the amount of $25,030.35 on Counts I and II;
B.

Judgment against Defendant, FRANK M. CASTILLO, Individually on

Count III in the amount of $4,481.99, the balances due on the installments notes which he
personally signed, jointly and severally with the corporation.
TRUSTEES OF THE SUBURBAN TEAMSTERS
OF NORTHERN ILLINOIS WELFARE AND
PENSION FUNDS
s/John J. Toomey
ARNOLD AND KADJAN
203 N. LaSalle Street, Suite 1650
Chicago, IL 60601
Telephone No.: [phone]
Facsimile No.: [phone]
Dated: August 6, 2012

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