Board of Trustees of the Northern Illinois Benefit Fund et al v. Zebra Plumbing Services, LLC

Filing 7

MOTION by Plaintiffs Board of Trustees of the Northern Illinois Benefit Fund, Board of Trustees of the Northern Illinois Education Fund, Board of Trustees of the Northern Illinois Pension Fund, Board of Trustees of the Northern Illinois Retirement Fund for judgment in Sum Certain (Attachments: # 1 Affidavit Affidavit of James Vasilakos, # 2 Affidavit Affidavit of Andrew S. Pigott, # 3 Text of Proposed Order Order)(Pigott, Andrew)

IN THE NORTHERN DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
BOARD OF TRUSTEES OF THE
NORTHERN ILLINOIS BENEFIT FUND,
BOARD OF TRUSTEES OF THE
NORTHERN ILLINOIS PENSION FUND,
BOARD OF TRUSTEES OF THE
NORTHERN ILLINOIS EDUCATION
FUND, BOARD OF TRUSTEES OF
THE NORTHERN ILLINOIS
RETIREMENT FUND,
Plaintiffs,
v.
ZEBRA PLUMBING SERVICES, LLC,
an Illinois limited liability company,
Defendant.

)
)
)
)
)
)
) No. 13 CV 170
)
) Judge Chang
)
) Magistrate Judge Finnegan
)
)
)
)
)
)
)

PLAINTIFF TRUSTEES’ MOTION FOR JUDGMENT IN SUM CERTAIN
NOW COME the Plaintiffs, the BOARDS OF TRUSTEES OF THE
NORTHERN ILLINOIS BENEFIT FUNDS, by and through their attorneys, ANDREW
S. PIGOTT, DONALD D. SCHWARTZ, and ARNOLD & KADJAN, and, in their
Motion for Default Judgment against Defendant, ZEBRA PLUMBING SERVICES, LLC
(“ZEBRA”), state as follows:
1.

Plaintiff Trustees filed their Complaint against ZEBRA, on July 24, 2012,

seeking an order compelling a fringe benefit contributions audit, judgment on any
amounts determined to be due under the audit, and a judgment for known liquidated
damages.
2.

Plaintiff Trustees served ZEBRA with the Complaint and Summons on

August 6, 2012.

3.

ZEBRA never answered or otherwise pled to the Complaint, and is in

default.
4.

Subsequent to service of the Complaint and Summons, ZEBRA agreed to

undergo the audit on a voluntary basis.
5.

According to the Affidavit of James Vasilakos (Ex. A), Plaintiffs’ auditor,

he determined ZEBRA to be delinquent in its contribution obligations, and to owe the
Funds the following amounts:
a.

$506.60 in Union dues;

b.

$2,900.88 in Pension Fund contributions;

c.

$1,139.01 in Retirement Fund contributions;

d.

$2,881.01 in Health & Welfare Fund contributions;

e.

$458.29 in Education Fund contributions;

f.

$99.17 in Industry Fund contributions;

g.

$26,80 in International Training Fund contributions;

h.

$801.18 in liquidated damages based on ZEBRA’s failure to timely
pay the amounts identified in the audit;

i.

$276.10 in liquidated damages for contributions outside of the
audit findings paid late; and

j.
5.

$850.35 in audit costs.

According to the Affidavit of Andrew S. Pigott, the Plaintiff Funds have

incurred $2,537.50 in attorneys’ fees and costs in prosecuting this case, so far. (Ex. B).
WHEREFORE, Plaintiff Trustees ask this Court to enter the Order attached to
their Motion as Exhibit C.

Respectfully submitted,
BOARD OF TRUSTEES OF THE
NORTHERN ILLINOIS BENEFIT
FUND, et al.
BY:

Donald D. Schwartz
Andrew S. Pigott
ARNOLD AND KADJAN
203 N. LaSalle St., Ste. 1650
Chicago, Illinois 60601
[phone]

s/Andrew S. Pigott
One of Plaintiffs Attorneys