Central Laborers Pension Fund et al v. MNM Construction, Inc.

Filing 13

MOTION by Plaintiffs Central Laborers Annuity Fund, Central Laborers Pension Fund, Central Laborers Welfare Fund for judgment (Scanlon, Cecilia)

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

CENTRAL LABORERS PENSION FUND,
et al.,
Plaintiffs,
vs.
MNM CONSTRUCTION, INC.,
an Illinois corporation,
Defendant.

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CIVIL ACTION
NO. 12 C 7949
JUDGE SAMUEL DER-YEGHIAYAN

MOTION FOR ENTRY OF JUDGMENT
Plaintiffs, by and through their attorneys, default having been entered against the Defendant
on November 6, 2012, request this Court enter judgment against Defendant, MNM CONSTRUCTION, INC. In support of that Motion, Plaintiffs state:
1.

On November 6, 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 conducted the audit on January 3, 2013. The audit findings show

that the Defendant is delinquent in contributions to the Funds in the amount of $16,257.48. (See
Affidavit of Roger Shoup).
3.

Additionally, the amount of $1,625.75 is due for liquidated damages. (Shoup Aff.

Par. 5). Plaintiffs' auditing firm of Romolo & Associates charged Plaintiffs $1,145.40 to perform
the audit examination and complete the report (Shoup Aff. Par. 6).

4.

In addition, Plaintiffs’ firm has expended the amount of $435.00 in costs and

$1,136.25 in attorneys’ fees in this matter. (See Affidavit of Catherine M. Chapman).
5.

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

total amount of $20,599.88.
WHEREFORE, Plaintiffs respectfully request this Court to enter judgment in the amount of
$20,599.88.

/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 19th day of March
2013:
Mr. Michael D. Cash, Registered Agent/Secretary
MNM Construction, Inc.
6524 W. 41st Street
Stickney, IL 60402

/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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