Chicago Area Joint Welfare Committee for the Pointing, Cleaning and Caulking Industry, Local 52 et al v. G.G.'s Tuckpointing, Inc.

Filing 23

MOTION by Plaintiffs Chicago Area Joint Welfare Committee for the Pointing, Cleaning and Caulking Industry, Local 52, Terry Rocco, Tuckpointers Local 52 Defined Contribution Annuity Trust Fund, Tuckpointers Local 52 Pension Plan for judgment (Ryan, Patrick)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
CHICAGO AREA JOINT WELFARE
COMMITTEE FOR THE POINTING,
CLEANING AND CAULKING
INDUSTRY, LOCAL 52, et al.,
Plaintiffs,
v.
G. G.’S TUCKPOINTING, INC.,
a dissolved Illinois corporation,
Defendant.

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CIVIL ACTION
NO. 12 C 8415
JUDGE SAMUEL DER-YEGHIAYAN

MOTION FOR ENTRY OF JUDGMENT
Plaintiffs, by and through their attorneys, default having been entered against the Defendant
on June 18, 2013, request this Court enter judgment against Defendant, G. G.’S TUCKPOINTING,
INC., a dissolved Illinois corporation. In support of that Motion, Plaintiffs state:
1.

On June 18, 2013, this Court entered default against Defendant and set this matter

for prove-up on July 23, 2013.
2.

Plaintiffs’ accountants conducted an Independent Accountant’s review of Defendant’s

payroll records for the period January 1, 2009 through December 30, 2012. Based on the report
prepared by Plaintiffs’ accountants, Plaintiffs have determined that Defendant underpaid
contributions for that period totaling $30,486.97, and therefore also owes liquidated damages of
$5,524.64 and interest of $1,910.42 on such unpaid contributions. (See Affidavit of Terry Rocco).

3.

Defendant further owes Plaintiffs liquidated damages and interest for contributions

reported and paid late for the months of April through November 2012, in the amounts of $21,055.36
and $706.47, respectively (Rocco Aff. Par. 5).
4.

In addition, Plaintiffs’ firm has expended $435.00 in costs and $4,371.75 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 $64,490.61.
WHEREFORE, Plaintiffs respectfully request this Court to enter judgment in the amount of
$64,490.61.

/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 he 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 15th day of July
2013:
Mr. Jesus Garibay, President
G. G.’s Tuckpointing, Inc.
48 Pulaski Road
Calumet City, IL 60409
Mr. Pedro Cervantes
Tristan & Cervantes
30 West Monroe, Suite 630
Chicago, IL 60603

/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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