Iron Workers' Mid-America Pension Plan et al v. Tefco, Inc.

Filing 10

MOTION by Plaintiffs Joseph J. Burke, Iron Workers' Mid-America Pension Plan, Iron Workers' Mid-America Supplemental Monthly Annuity (SMA) Fund for entry of default , MOTION by Plaintiffs Joseph J. Burke, Iron Workers' Mid-America Pension Plan, Iron Workers' Mid-America Supplemental Monthly Annuity (SMA) Fund for judgment (Attachments: # 1 Exhibit)(Ryan, Patrick)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION IRON WORKERS’ MID-AMERICA PENSION PLAN, et al., Plaintiffs, vs. TEFCO, INC., an Indiana corporation, Defendant. ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 12 C 10057 JUDGE JOHN J. THARP, JR. MOTION FOR ENTRY OF DEFAULT AND JUDGMENT NOW COME Plaintiffs, by their attorneys, and move for entry of judgment by default against Defendant, TEFCO, INC., an Indiana corporation, in the total amount of $39,200.19, plus Plaintiffs’ court costs and reasonable attorneys’ fees in the amount of $1,755.50. On December 28, 2012, the Summons and Complaint was served on the Registered Agent by tendering a copy of said documents to him personally at his place of business (a copy of the Summons and Affidavit of Service is attached hereto). Therefore, Defendant’s answer was due on January 18, 2013. As Defendant has failed to timely answer the Complaint, Plaintiffs respectfully request entry of default and judgment. /s/ Patrick N. Ryan CERTIFICATE OF SERVICE The undersigned, an attorney of record, hereby certifies that he electronically filed the foregoing document (Motion) 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 26th day of March 2013: Mr. Tharon Freudenberg, Registered Agent/President Tefco, Inc. 11022 Sawmill Road Elberfeld, IN 47613-9122 /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: (312) 236-4316 Facsimile: (312) 236-0241 E-Mail: pryan@baumsigman.com I:\MIDJ\Tefco\motion.pnr.df.wpd

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