Chicago Regional Council of Carpenters Pension Fund et al v. Commercial Corporate Services, Inc. et al

Filing 22

MOTION by Plaintiffs Chicago Regional Council of Carpenters Pension Fund, Chicago Regional Council of Carpenters Welfare Fund, Chicago and Northeast Illinois Regional Council of Carpenters Apprentice and Trainee Program, Labor/Management Union Carpentry Cooperation Promotion Fund for judgment Motion for Default and for Final Judgment (McJessy, Kevin)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
CHICAGO REGIONAL COUNCIL OF
CARPENTERS PENSION FUND, et al.,
Plaintiffs,
v.
COMMERCIAL CORPORATE SERVICES,
INC., et al.,
Defendants.

)
)
)
)
)
)
)
)
)
)

14 CV 04513
Judge Lee

PLAINTIFFS' MOTION FOR DEFAULT AND FOR FINAL JUDGMENT

Plaintiffs, the CHICAGO REGIONAL COUNCIL OF CARPENTERS PENSION
FUND, ET AL. (collectively "Trust Funds"), by their attorney Kevin P. McJessy, hereby move
this Court pursuant to Federal Rules of Civil Procedure 54, 55 and 58 to enter an order of default
and for final judgment against COMMERCIAL CORPORATE SERVICES, INC.
("COMMERCIAL"). In support of their motion, Trust Funds state as follows:
1.

The Trust Funds filed a complaint against COMMERCIAL under the Employee

Retirement Income Security Act ("ERISA") because COMMERCIAL is the alter ego of
CLEVELAND CORPORATE SERVICES, INC., a dissolved Illinois corporation
("CLEVELAND"). CLEVELAND was signatory to the Area Agreement with the Chicago
Regional Council of Carpenters ("Union").
2.

Whether to treat a non-signatory company as an alter ego of the signatory

company and therefore be bound by the collective bargaining agreement depends on numerous
factors, including the following: (1) common employees; (2) common management and
supervision of employees; (3) common business purpose and customers; (4) common operations;
(5) common equipment; (6) common ownership; and (7) whether there is an intent by the

signatory company to circumvent its collective bargaining agreement obligations. Although no
individual factor is dispositive in determining whether an alter-ego relationship exists, "the
Seventh Circuit considers unlawful motive or intent to avoid collective bargaining agreement

obligations to be the [most] critical elements of the inquily." Trustees of Pension Funds of
Local 701 v. Favia Elec., 995 F.2d 785, 789 (7th Cir. 1993).
3.

As alleged in Trust Funds' complaint in this action, COMMERCIAL is the alter

ego of CLEVELAND in that COMMERCIAL assumed the single, major customer of
CLEVELAND, engaged in the same work as CLEVELAND using the same equipment, had the
same management and control as CLEVELAND, and operated out of the same location as
CLEVELAND. As also alleged, COMMERCIAL was formed for the sole purpose of avoiding
liability for unpaid fringe benefit contributions of CLEVELAND; its Articles of Incorporation
being filed the same day a judgment was entered against CLEVELAND and in favor of the Trust
Funds. See Complaint i!i!l 7-22, 35-39, 44-52, 60-62, Docket Report Document No. 1.
4.

The summons and complaint in this action were served on COMMERCIAL and

this Court entered an order directing COMMERCIAL to file its answer or responsive pleading on
or before February 26, 2015. See Exhibit A, Notification of Docket Entry dated February 5,
2015.
5.

This Court should enter an order of default against COMMERCIAL pursuant to

Federal Rule of Civil Procedure 55(a) because COMMERCIAL has failed to answer or
otherwise plead.
6.

Accordingly, Trust Funds hereby submit this motion for default and for entry of

final judgment against COMMERCIAL.
7.

The amount owed by COMMERCIAL is $93,590.79 as follows.

2

A.

Commercial owes $61,437.78 in unpaid contributions pursuant to the audit. See
Deel. of J. Libby, if7, Exhibit B; The Trust Funds collected $10,000.00 from a
bond posted to secure payment of CLEVELAND fringe benefit contributions.

B.

Commercial owes $2,736.00 for auditor's fees of incurred by the Trust Funds to
complete the audit. See Deel. of J. Libby, if9, Exhibit B; Trustees of the Chicago
Plastering Institute Pension Trust v. Cork Plastering Co., 570 F.3d 890, 902 (7th
Cir. Ill. 2009) ("ERISA itself grants the district court authority to award the
plaintiffs their reasonable attorney's fees and costs ... This court, among others,
has construed the latter provision to include an award of audit costs."); Moriarty
ex rel. Local Union No. 727, JB.T. Pension Trustv. Svec, 429 F.3d 710, 721 (7th
Cir. 2005).

C.

Commercial owes $5,930.04 in interest pursuant to 29 U.S.C. § 1132(g)(2)(B) on
the amount that is due. See Deel. of J. Libby, if8, Exhibit B; 29 U.S.C. §
1132(g)(2)(B); 29 U.S.C. § l 132(g)(2)(C).

D.

Commercial owes $12,287.55 in liquidated damages pursuant to 29 U.S.C. §
1132(g)(2)(C). See Deel. of J. Libby, if8, Exhibit B; 29 U.S.C. § l 132(g)(2)(B).

E.

Commercial owes $21, 199 .42 in reasonable attorneys' fees and costs the Trust
Funds incurred pursuant to 29U.S.C.§l132(g)(l) and/or§ 1132(g)(2)(D). See
Deel. of J. Libby, iflO, Exhibit B; Deel. ofK. McJessy, if5, Exhibit C; 29 U.S.C. §
1132(g)(l) and (g)(2)(D). See also Trustees of the Chicago Plastering Institute
Pension Trust v. Cork Plastering Co., 570 F .3d 890, 902, 903 (7th Cir. Ill. 2009);
Chicago Regional Council of Carpenters Pension Fund v. RC! Enterprises, Inc.,
2011 U.S. Dist LEXIS *6-7 (N.D. Ill., July 20, 2011) (Feinerman, J.); Board of
Trustees of the Rocliford Pipe Trades Indus. Pension Fund v. Fiorenza Enters.,
2011 U.S. Dist. LEXIS 28209, 21-22 (N.D. Ill. Mar. 18, 2011.

8.

The Trust Funds are also entitled to recover attorneys' fees incurred to enforce or

collect the amounts due. See Free v. Briody, 793 F.2d 807, 808-09 (J1h Cir. 1986) (holding that
union-affiliated fringe benefit funds are entitled to collect attorneys' fees for work incurred to
collect on a judgment rendered under ERISA).
9.

A draft order is attached as Exhibit D.

WHEREFORE, Plaintiffs the Chicago Regional Council of Carpenters' Fund et al.
hereby move this Court to enter judgment in their favor and against Defendant, COMMERCIAL
CORPORATE SERVICES, INC., in the amount of $93,590.79, and additional relief as follows:

A.

$51,43 7. 78 in unpaid contributions pursuant to the audit;

3

B.

$2,736.00 for auditor's fees of incurred by the Trust Funds to complete the audit;

C.

$5,930.04 in interest under BRISA on the amount that is due;

D.

$12,287.55 in liquidated damages;

E.

$21,199.42 in reasonable attorneys' fees and costs the Trust Funds incurred
pursuant to 29 U.S.C. § 1132(g)(l) and/or§ l 132(g)(2)(D);

F.

reasonable attorney' fees and costs incurred by the Trust Funds in enforcing this
order; and

G.

such other relief as this Court deems appropriate.
CHICAGO REGIONAL COUNCIL OF
CARPENTERS PENSION FUND et al.
By:

Kevin P. McJessy
McJESSY, CHING & THOMPSON, LLC

3759 Nmih Ravenswood, Suite 231
Chicago, Illinois 60613
[phone]
[phone] (facsimile)
[e-mail]

4

s/ Kevin P. McJessy
One of their attorneys

Kevin P. McJ essy
MCJESSY, CHING & THOMPSON, LLC
3759 North Ravenswood, Suite 231
Chicago, Illinois 60613
[phone]
[phone] (facsimile)
[e-mail]

5

CERTIFICATE OF SERVICE
I, Kevin P. McJessy, an attorney, certify that I caused the foregoing Plaintiffs' Motion
for Default and for Final Judgment be served upon
David R. Herzog
Herzog & Schwartz, P.C.
77 W. Washington St.
Suite 1717
Chicago, IL 60602
via the Court's CM/ECF system on this 16th day of March 2015.

s/ Kevin P. McJ essy
Kevin P. McJessy

6

14 CV 04513

Exhibit A

Case: 1:14-cv-04513 Document#: 19 Filed: 02/05/15 Page 1of1 PagelD #:62

UNITED STATES DISTRICT COURT
FOR THE Northern District of Illinois - CM/ECF LIVE, Ver 6,1
Eastern Division
Chicago Regional Council of Carpenters Pension
Fund, et al.
Plaintiff,
Case No.:
1: 14-cv-04513
Honorable John Z. Lee

v.

Commercial Corporate Services, Inc., et al.
Defendant.

NOTIFICATION OF DOCKET ENTRY

This docket entry was made by the Clerk on Thursday, February 5, 2015:
MINUTE ent1y before the Honorable John Z. Lee: Status hearing held on 2/5/15.
For the reasons stated on the record, Plaintiffs' motion to lift stay as to Defendant
Commercial Corporate Services [ 17] is granted. Commercial Corporate Services answer
or responsive pleading is due by 2/26/15. Status hearing set for 3/10/15 at 9:00 a.m. at
which time the parties are to report on the status of settlement discussions.Mailed
notice( ca, )

ATTENTION: This notice is being sent pursuant to Rule 77(d) of the Federal Rules of
Civil Procedure or Rule 49(c) of the Federal Rules of Criminal Procedure. It was
generated by CM/ECF, the automated docketing system used to maintain the civil and
criminal dockets of this District. If a minute order or other document is enclosed, please
refer to it for additional information.
For scheduled events, motion practices, recent opinions and other information, visit our
web site at www.ilnd.uscourts.gov.

14 CV 04513

Exhibit B

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
CHICAGO REGIONAL COUNCIL OF
CARPENTERS PENSION FUND, et al.,
Plaintiffs,

v.
COMMERCIAL CORPORATE SERVICES,
INC., et al.,
Defendants.

)
)
)
)
)
)
)
)
)
)

14CV04513

Judge Lee

DECLARATION OF JOHN LIBBY

I, John Libby, hereby declare under penalty of perjury pursuant to the laws of the United
States, that the statements set forth herein are true and correct to the best of my knowledge,
information and belief.
1.

I am the Manager, Audits & Collections for the Chicago Regional Council of

Carpenters Pension Fund, the Chicago Regional Council of Carpenters Welfare Fund, the
Chicago and Northeast Illinois Regional Council of Carpenter Apprentice and Trainee Program,
and the Labor/Management Union Carpentry Cooperation Promotion Fund (collectively "the
Trust Funds").
2.

As part of my duties, I am responsible for managing the collection of

contributions for medical, pension and other benefits due from numerous employers pursuant to
collective bargaining agreements between the employers and the Chicago and Northeast Illinois
Regional Council of Carpenters ("Union").
3.

The Trust Funds allege in this lawsuit that COMMERCIAL CORPORATE

SERVICES, INC. ("Defendant") is the alter ego of CLEVELAND CORPORATE SERVICES,
INC. ("CLEVELAND"). CLEVELAND is signatory to the Area Agreement with the Union.

Therefore, as alleged by the Trust Funds, Defendant is an employer bound by the collective
bargaining agreement with the Union. Pursuant to the collective bargaining agreement,
Defendant is therefore also bound by the declarations of trust establishing the Trust Funds
(collectively "Trust Agreements"). Pursuant to the collective bargaining agreement and the
Trust Agreements, Defendant is therefore required to pay fringe benefit contributions to the Trust
Funds for work performed by its and CLEVELAND's employees and non-union subcontractors
performing work falling within the jurisdiction of the Union.
4.

On March 30, 2006, CLEVELAND and the Chicago Regional Council of

Carpenters entered into a collective bargaining agreement pursuant to which CLEVELAND
agreed to make contributions to the Trust Funds. A true and accurate copy of the parties'
Memorandum of Agreement ("Agreement") is attached as Exhibit B-1.
5.

Pursuant to the Agreement, CLEVELAND agreed to be bound by the Trust

Agreements creating the Trust Funds and the applicable collective bargaining agreement.
Pursuant to these agreements, CLEVELAND agreed to submit to a periodic audit of its books
and records in order to verify the accuracy of the contributions reported and paid to the Trust
Funds.
6.

CLEVELAND produced books and records to Legacy Professionals LLP

("Legacy"), an auditing firm engaged by the Trust Funds, to conduct a review of
CLEVELAND's fringe benefit contributions for the period January l, 2011 to September 30,
2012 ("Audit Period").
7.

A copy of the audit report prepared by Legacy is attached as Exhibit B-2 ("Audit

Report"). According to the Audit Report and based on the records produced by CLEVELAND
to Legacy, CLEVELAND owes $61,437.78 in unpaid contributions.

8.

A summary of the revised and updated interest and liquidated damages that have

accrued since the date when the contributions were due is attached as Exhibit B-3.
CLEVELAND owes $5,930.04 in unpaid interest and $12,287.55 in liquidated damages.
9.

The Trust Funds paid Legacy $2,736.00 in auditors' fees to complete the review

of CLEVELAND's fringe benefit contributions for the Audit Period and to produce the Audit
Report. These charges are consistent with the charges by Legacy to the Trust Funds for similar
matters.
10.

The Trust Funds have collected $10,000 from a wage and fringe benefit bond

posted by CLEVELAND.
11.

Because CLEVELAND and, therefore, Defendant have failed to comply with the

terms of the collective bargaining agreement and related Trust Agreements, the Trust Funds have
had to employ the services ofMcJessy, Ching & Thompson, LLC. As a result, the Trust Funds
incurred attorneys' fees and costs.
12.

I have personal knowledge of the matters stated in this affidavit and could testify

competently to them.
FURTHER AFFIANT SAYETH NOT.

14 CV 04513

Exhibit B-1

:Memorandum ofJ19reement
Employer Cleveland Corporate Services, Inc.
City Oswego
State IL

Address 109 Springbrook Trail Sou1H.
Zip 60543 Phone 630~859~2611

THIS AGREEMENT is entered into between the Chicago Regional Council of Carpenters
("Union") and the Employer, including its successors and assigns covering the geographic jurisdiction of
the Union including the following counties in Illinois: Boone, Bureau, Carroll, Cook, De Kalb, DuPage,
Grundy, Henderson, Henry, Iroquois, Jo Daviess, Kane, Kankakee, Kendall, Lake, La Salle, Lee,
Marshall, McHenry, Mercer, Ogle, Putnam, Rock Island, Stark, Stephenson, Whiteside, Will,
Winnebago. The following counties in Iowa: Allamakee, Appanoose, Benton, Black Hawk, Bremer,
Buchanan, Butler, Cedar, Cerro Gordo, Chickasaw, Clayton, Clinton, Davis, Delaware, Des Moines,
Dubuque, Fayette, Floyd, Franklin, Grundy, Hancock, Henry, Howard, Iowa, Jackson, Jefferson,
Jolmson, Jones, Keokuk, Kossuth, Lee, Linn, Louisa, Mahaska, Mitchell, Monroe, Muscatine, Scott,
Tama, Van Buren, Wapello, Washington, Wayne, Winnebago, Winneshiek, Worth, Wright. The
following counties in Wisconsin: Kenosha, Milwaukee, Ozaukee, Racine, Washington and Waukesha.
The Union and the Employer do hereby agree to the following:

1. The Employer recognizes the Union as the sole and exclusive bargaining representative on
behalf of its employees who are working within the territorial and occupational jurisdiction of the
Union.
2. The Employer has reviewed sufficient evidence and is satisfied that the Union is the exclusive
bargaining representative of a majority of its employees presently working within the territorial and
occupational jurisdiction of the Union.
3. The Employer and the Union agree to incorporate into this Memorandum Agreement and to be
bound by the Agreements negotiated between the Chicago Regional Council of Carpenters and various
ith the
employers and employer associations, including all Area Agreements for the period be · ·
execution of this Memorandum Agreement and ending on the expiration dates
6~ nd
'
successor Agreements which are incorporated herein (see attached list). Unless
written notice by certified mail to the Chicago Regional Council of its desire t
Agreement at least three (3) calendar months prior to the expiration of such A
shall continue in full force and effect through the full tenn and duration of a
which are incorporated by reference.

4. The Employer agrees to be bound to the terms of the various Trust ~~J~~~
contributions are required to be made under the Agreements incorporated in Paragra"'_""""".:.:.:,:;;_...
rules and regulations adopted by the Trustees of each Fund.
In Witness Whereof the parties have executed this Memorandum of Agreement on this 30th day of
March, 2006.
EMPLOYER

CHICAGO REGIONAL COUNCIL
OF CARPENTERS

~t:L~
CCl

....-AUtOri d

Regional
Representative

Agreements
( Central Region)
Mid American Regional Bargaining Association, Cook, Lake and DuPage
Mid American Regional Bargaining Association, Kane, Kendall and McHenry
Mid American Regional Bargaining Association, Will
Kankakee Contractors Association
Residential Construction Employers Council, Cook, Lake and DuPage
Residential Construction Employers Council, Will
Residential Construction Employers Council, Grundy
Woodworkers Association of Chicago (Mill-Cabinet)
(Wes tern Region)

Quad City Builders Association, Commercial, Rock Island Mercer, Henry and Henderson
Floor Covering, Rock Island, Mercer, Henry and Henderson
Residential, Henry, Mercer and Henderson
Illinois Valley Contractors' Association, Bureau, LaSalle, Marshall, Putnam and Stark
Window and Door, Boone, Bureau, Carroll, DeKalb, Henderson, Henry, Jo Daviess, LaSalle, Marshall,
Mercer, Ogle, Putnam, Rock Island, Stark, Stephenson, Whiteside and Winnebago
Commercial/Residential, DeKalb, Eastern Ogle and cities in Sandwhich and Somonauk
Residential Construction Employers' Council, DeKalb, Eastern Ogle and cities in Sandwhich and
Somonauk
Residential Construction Employers' Council, Boone, Carroll, Jo Daviess, Lee, Ogle, Stephenson,
Whiteside and Winnebago
Northern I11inois Building Contractors Association Inc., Boone, Carroll, Jo Davies, Lee, Ogle,
Stephenson, Whiteside and Winnebago
Floor Covering, Boone, Carroll, DeKalb, Jo Daviess, Lee, Lee, Ogle, Stephenson, Whiteside and
Winnebago
~ENT~!?,
Millwright, Boone, Bureau, Carroll, DeKalb, Henderson, Jo Daviss, LaSalle, Lee,
Eli ,0
tf
Ogle, Putnam, Rock Island, Sta,rk, Stephenson, Whiteside, and Winnebago
0 ,fv-~
'N.1r
~
Associated General Contractors oflllinois (Heavy and Highway) Highway Distri ~ 7 and ""., ions o ~
1 and 8
~
11 &
c.n
U-1

~

~

.J>!!,

ttf,.il'Ctt OF

0

~i

c~i<f-# g;

f)~./.tNn ~ ~~~

Commercial, Muscatine, Scott, Louisa north of Iowa River
Floorcovering, Lousia north of Iowa River, Muscatine and Scott
Residential, Clinton, Louisa, Muscatine, Scott and Seven southern most townships of Jackson County
including Monmouth, South Fork, Maquoketa, Fairfield, Van Buren, Iowa and Union
Heavy and Highway Associated Contractors Agreement Scott County
Herberger Construction Heavy and Highway
Heavy and Highway Contractors' Association- entire State except Scott County
Commercial Benton, Jones, Linn and Tama
Residential Benton, Jones, Linn and Tama
Commercial, Des Moines, Henry, Lee and Louisa south oflowa River
Residential, Des Moines, Henry, Lee and Louisa south oflowa River

Commercial/Residential Dubuque, Delaware, Clayton, and Six Northern Townships in Jackson
Commercial/Residential, Appanoosa, Davis, Jefferson, Keokuk, Mahaska, Monroe, Van Buren,
Wapello, and Wayne
Commercial, Clinton, Seven Southern most townships of Jackson including Monmouth, South Fork,
Maquoketa, Fairfield, Van Buren, Iowa, and Union
Floor Covering, Dubuque, Deleware, Clayton, and six Northern Townships in Jackson Window and
Door, State
Commercial, Ceder, Iowa, Johnson, Poweshiek and Washington
Commercial Interior Systems, Ceder, Iowa, Johnson, Poweshiek and Washington
Residential, Ceder, Iowa, Johnson, Poweshiek and Washington
Commercial, Cerro Gordo, Franklin, Hancock, Kossuth, Winnebago, Worth and Wright, Buchanan,
Independent Contractors of Waterloo (Commercial) Butler, Chicksaw, Fayette, Floyd, Grundy, Howard,
Mitchell, Winneshiek
Millwright, Adair, Allmakee, Appanoosa, Benton, Black Hawk, Boone, Bremer, Buchanan, Butler,
Cedar, Calhoun, Carroll, Cerro Gordo, Chicksaw, Clayton, Clarke, Clinton, Dallas, Davis, Decatur,
Deleware, Des Moines, Dubuque, Emmet, Fayette, Floyd, Franklin, Greene, Grundy, Guthrie, Hamilton, ·
Hancock, Hardin, Henry, Howard, Humboldt, Iowa, Jackson, Jasper, Jefferson, Johnson, Jones, Keokuk,
Lee, Linn, Lucas, Louisa, Madison, Mahaska, Marion, Marshall, Mitchell, Monroe, Muscatine, Palo
Alto, Pocahontas, Polk, Poweshiek, Ringhold, Scott, Story, Tama, Union, Van Buren, Warren, Wapello,
Washington, Wayne, Webster, Winnebego, Winneshiek, Worth, Wright

( Northern Region)
Commercial Carpenters and Floor Coverers' Agreement (Wisconsin)
Commercial Capenters Agreement, Kenosha/Racine
Millwright Erectors' Agreement
Pile Drivers' Agreement
Insulators Agreement
Overhead Door Agreement

%1,4, .~.....-,,,.
'Yf;•
It is also understood and agreed that it is the Employers obligation to make a written recrmffl,l.,.l;~...­
additional Collective Bargaining Agreement(s) in the event that the Company performs work in areas for
which it has not already obtained a copy of the applicable Agreement.

:EmpJOye

14 CV 04513

Exhibit B-2

Legacy Professionals LLP

Discrepancy Summary By Month
Account Number:

24170

Audit Period:

January 1, 2011 to September 30, 2012

Employer:
Address:

Cleveland Corporate Services
109 Springbrook Trail So.
Oswego, IL 60543
630-673-0198

Contact:
Title:

Grace Butera
President

Page:

1 of 22

Phone:

I

Reportinq Period

Discrepancy
Total Hours

I

Discrepancy
Benefit Hours

Contribution
Rate

I

Discrepancy
Amount

January 2011

76.25

76.25

22.32

February 2011

13.50

13.50

22.32

$301.32

111.50

111.50

22.32

$2,488.68

June 2011

91.25

91.25

24.32

$2,219.20

July 2011

40.50

40.50

24.32

$984.96

159.00

159.00

24.32

$3,866.88

76.00

76.00

24.32

$1,848.32
$2,948.80

May 2011

August 2011
September 2011

$1,701.90

October 2011

121.25

121.25

24.32

November 2011

212.00

212.00

24.32

$5,155.84

December 2011

118.75

118.75

24.32

$2,888.00

January 2012

101.75

101.75

24.32

$2,474.56

February 2012

98.00

98.00

24.32

$2,383.36

March 2012

364.25

364.25

24.32

$8,858.56

April 2012

213.25

213.25

24.32

$5,186.24

May 2012

36.75

36.75

24.32

$893.76

June 2012

256.75

256.75

25.67

$6,590.77

July 2012

48.25

48.25

25.67

$1,238.58

August2012

91.75

Total
Hours

Benefit
2,505.50 Hours

91.75

25.67

$2,355.22

274.75

September 2012

274.75

25.67

$7,052.83

2,505.50

Discrepancy Amount
Liquidated Damages
Total Amount Due

$61,437.78
$10,113.27
$71,551.05

Legacy Professionals LLP

Discrepancy Summary By Error Type
Account Number:

24170

Audit Period:

January 1, 2011 to September 30, 2012

Employer:
Address:

Contact:
Title:

Grace Butera
President

Phone:

Cleveland Corporate Services
109 Springbrook Trail So.
Oswego, IL 60543
630-673-0198

Paqe:

2 of 22

Code

Description

Dollar Amount

SIGNATORY EMPLOYER: CASH DISBURSEMENTS

CD3

Omission

$48,796.28

CD49

Individual Paid Through Cash Disbursements No Invoice Provided

$12,641.50

Sub-Total Discrepancies From All Listed Codes
Liquidated Damages
Total Amount Due

$61,437.78
$10,113.27
$71,551.05

Legacy Professionals LLP

Liquidated Damages Schedule
Account Number:

24170

Audit Period:

January 1, 2011 to September 30, 2012

Employer:
Address:

Cleveland Corporate Services
109 Springbrook Trail So.
Oswego, IL 60543
630-673-0198

Contact:
Title:

Grace Butera
President

Page:

3 of 22

Phone:

Reporting Period
January 2011
February 2011
May 2011
June 2011
July 2011
August 2011
September 2011
October 2011
November 2011
December 2011
January 2012
February 2012
March 2012
April 2012
May 2012
June 2012
July 2012
August2012
September 2012

Total Discrepancies

I

Contributions
Due
$1,701.90
$301.32
$2,488.68
$2,219.20
$984.96
$3,866.88
$1,848.32
$2,948.80
$5,155.84
$2,888.00
$2,474.56
$2,383.36
$8,858.56
$5,186.24
$893.76
$6,590.77
$1,238.58
$2,355.22
$7,052.83

$61,437.78

I

Compounding
Periods

I

25.00
24.00
21.00
20.00
19.00
18.00
17.00
16.00
15.00
14.00
13.00
12.00
11.00
10.00
9.00
8.00
7.00
6.00
5.00

Calculating
Percentage

I

Total Liquidated
Damages Owed

20.00%
20.00%
20.00%
20.00%
20.00%
20.00%
20.00%
20.00%
20.00%
20.00%
20.00%
19.56%
17.79%
16.05%
14.34%
12.65%
10.98%
9.34%
7.73%

$340.38
$60.26
$497.74
$443.84
$196.99
$773.38
$369.66
$589.76
$1,031.17
$577.60
$494.91
$466. 19
$1,575.94
$832.39
$128.17
$833.73
$136.00
$219.98
$545.18

Total Damages this Schedule
20% of Discrepancies

$10,113.27
$12,287.56

Assessed Damages

$10,113.27

Legacy Professionals LLP

Monthly Detail Report
Account Number:

24170

Audit Period:

January 1, 2011 to September 30, 2012

Employer:
Address:

Cleveland Corporate Services
109 Springbrook Trail So.
Oswego, IL 60543
630-673-0198

Month:

January 2011

Page#:

4 of22

Phone:

Reference
Number

r...-

Employee I Payee
Name
Czischki Tim

Error
Code
CD3

Benefit
Total
Hours
Hours
Reoorted Reoorted
0.00
0.00

Month
Jan-11
76.25

Total

76.25

*

* * * * *Actual Hours Per Week * * * * * *
Total
Hours
76.25

0.00

0.00

Total Items Listed in this Period:

1.00

0.00

0.00

76.25

Capped
Hours

Total
Hour
Difference
76.25

Benefit
Hour
Difference
76.25

76.25

76.25

Legacy Professionals LLP

rVlonthly Detail Report
'Account Number:

24170

Audit Period:

January 1, 2011 to September 30, 2012

Employer:
Address:

Cleveland Corporate Services
109 Springbrook Trail So.
Oswego, IL 60543
630-673-0198

Month:

February 2011

Page#:

5 of22

Phone:

Reference

~

Employee I Payee
Name
Czischki Tim

Error
Code
CD3

* * * * * *Actual Hours Per Week * * * * * *

Total
Benefit
Hours
Hours
Reported Reported
0.00
0.00

Month
Feb-11
13.50

Total

13.50

Total
Hours
13.50

0.00

0.00

Total Items Listed in this Period:

1.00

0.00

0.00

13.50

Capped
Hours

Total
Hour
Difference
13.50

Benefit
Hour
Difference
13.50

13.50

13.50

Legacy Professionals LLP

Monthly Detail Report
Account Number:

24170

Audit Period:

January 1, 2011 to September 30, 2012

Employer:
Address:

Cleveland Corporate Services
109 Springbrook Trail So.
Oswego, IL 60543
630-673-0198

Month:

May 2011

Page#:

6 of22

Phone:

Reference
Number
-200-00-0000
300-00-0000

Employee I Payee
Name
Czischki Tim
Lewis Mike
Rapp Dave

Error
Code
CD3
CD49
CD49

Total
Benefit
Hours
Hours
Reported Reported
0.00
0.00
0.00
0.00
0.00
0.00

* * * * * *Actual Hours Per Week * * * * * *
Month
Total
May-11
Hours
72.50
72.50
14.50
14.50
24.50
24.50

0.00

0.00

Total Items Listed in this Period:

3.00

Total

111.50

0.00

0.00

111.50

Capped
Hours

Total
Hour
Difference
7.2.50
14.50
24.50

Benefit
Hour
Difference
72.50
14.50
24.50

111.50

111.50

Legacy Professionals LLP

Monthly Detail Report
Account Number:

24170

Audit Period:

January 1, 2011 to September 30, 2012

Employer:
Address:

Cleveland Corporate Services
109 Springbrook Trail So.
Oswego, IL 60543
630-673-0198

Month:

June 2011

Page#:

7 of22

Phone:

Reference
Number

Employee I Payee
Name
Czischki Tim

Error
Code
CD3

* * * * * *Actual Hours Per Week * * * * * *

Benefit
Total
Hours
Hours
Reoorted Reoorted
0.00
0.00

Month
Jun-11
91.25

Total

91.25

Total
Hours
91.25

0.00

0.00

Total Items Listed in this Period:

1.00

0.00

0.00

91.25

Capped
Hours

Total
Hour
Difference
91.25

Benefit
Hour
Difference
91.25

91.25

91.25

Legacy Professionals LLP

Monthly Detail Report
Account Number:

24170

Audit Period:

January 1, 2011 to September 30, 2012

Employer:
Address:

Cleveland Corporate Services
109 Springbrook Trail So.
Oswego, IL 60543
630-673-0198

Month:

July2011

Page#:

8 of22

Phone:

Reference
Number

Employee I Payee
Name
Czischki Tim

Error
Code
CD3

Total
Benefit
Hours
Hours
Reported Reported
0.00
0.00

* * * * * * Actual Hours Per Week * * * * * *
Month
Total
Jul-11
Hours
40.50
40.50

Capped
Hours

Total
Hour
Difference
40.50

Benefit
Hour
Difference
40.50

I

0.00

0.00

Total Items Listed in this Period:

1.00

Total

40.50

0.00

0.00

40.50

40.50

40.50

Legacy Professionals LLP

Monthly Detail Report
Account Number:

24170

Audit Period:

January 1, 2011 to September 30, 2012

Employer:
Address:

Cleveland Corporate Services
109 Springbrook Trail So.
Oswego, IL 60543
630-673-0198

Month:

August2011

Page#:

9 of22

Phone:

Reference
Number
~

200-00-0000

Employee I Payee
Name
Czischki Tim
Lewis Mike

Error
Code
CD3
CD49

Total
Benefit
Hours
Hours
Reoorted Reoorted
0.00
0.00
0.00
0.00

* * * * * *Actual Hours Per Week " * * * * *
Total
Month
Hours
Aua-11
125.00
125.00
34.00
34.00

0.00

0.00

Total Items Listed in this Period:

2.00

Total

159.00

0.00

0.00

159.00

Capped
Hours

Total
Hour
Difference
125.00
34.00

Benefit
Hour
Difference
125.00
34.00

159.00

159.00

Legacy Professionals LLP

Monthly Detail Report
Account Number:

24170

Audit Period:

January 1, 2011 to September 30, 2012

Employer:
Address:

Cleveland Corporate Services
109 Springbrook Trail So.
Oswego, IL 60543
630-673-0198

Month:

September 2011

Page#:

10 of22

Phone:

Reference

~

Employee I Payee
Name
Czischki Tim

Error
Code
CD3

* * * * * *Actual Hours Per Week* * * * * *

Total
Benefit
Hours
Hours
Reoorted Reoorted
0.00
0.00

Month
Seo-11
76.00

Total

76.00

Total
Hours
76.00

0.00

0.00

Total Items Listed in this Period:

1.00

0.00

0.00

76.00

Capped
Hours

Total
Hour
Difference
76.00

Benefit
Hour
Difference
76.00

76.00

76.00

Legacy Professionals LLP

Monthly Detail Report
Account Number:

24170

Audit Period:

January 1, 2011 to September 30, 2012

Employer:
Address:

Cleveland Corporate Services
109 Springbrook Trail So.
Oswego, IL 60543
630-673-0198

Month:

October 2011

Page#:

11 of22

Phone:

Reference

~

Employee I Payee
Name
Czischki Tim

Error
Code
CD3

Total
Benefit
Hours
Hours
Reported Reported
0.00
0.00

* * * * * *Actual Hours Per Week * * * * * *
Month
Total
Oct-11
Hours
121.25
121.25

0.00

0.00

Total Items Listed in this Period:

1.00

Total

121.25

0.00

0.00

121.25

Capped
Hours

Total
Hour
Difference
121.25

Benefit
Hour
Difference
121.25

121.25

121.25

Legacy Professionals LLP

Monthly Detail Report
Account Number:

24170

Audit Period:

January 1, 2011 to September 30, 2012

Employer:
Address:

Cleveland Corporate Services
109 Springbrook Trail So.
Oswego, IL 60543
630-673-0198

Month:

November 2011

Page#:

12 of22

Phone:

Reference
Number

Employee I Payee
Name
Czischki Tim
Lewis Mike

200-00-0000

Error
Code
CD3
CD49

Benefit
Total
Hours
Hours
Reported Reported
0.00
0.00
0.00
0.00

* * * * * * Actual Hours Per Week * * * * * *
Month
Total
Nov-11
Hours
76.00
76.00
136.00
136.00

Capped
Hours

Total
Hour
Difference
76.00
136.00

Benefit
Hour
Difference
76.00
136.00

212.00

212.00

I

0.00

0.00

Total Items Listed in this Period:

2.00

Total

212.00

0.00

0.00

212.00

Le~acy

Professionals LLP

Monthly Detail Report
Account Number:

24170

Audit Period:

January 1, 2011 to September 30, 2012

Employer:
Address:

Cleveland Corporate Services
109 Springbrook Trail So.
Oswego, IL 60543
630-673-0198

Month:

December 2011

Page#:

13 of 22

Phone:

Reference

~

Employee I Payee
Name
Czischki Tim

Error
Code
CD3

Total
Benefit
Hours
Hours
Reported Reported
0.00
0.00

* * * * * *Actual Hours Per Week * * * * * *
Total
Month
Hours
Dec-11
118.75
118.75

0.00

0.00

Total Items Listed in this Period:

1.00

Total

118.75

0.00

0.00

118.75

Capped
Hours

Total
Hour
Difference
118.75

Benefit
Hour
Difference
118.75

118.75

118.75

Legacy Professionals LLP

~~onthly

Detail Report

Account Number:

24170

Audit Period:

January 1, 2011 to September 30, 2012

Employer:
Address:

Cleveland Corporate Services
109 Springbrook Trail So.
Oswego, IL 60543
630-673-0198

Month:

January 2012

Page#:

14 of 22

Phone:

Employee I Payee
Name
Czischki Tim

Reference
Number

Error
Code
CD3

* * * * * *Actual Hours Per Week * * * * * *

Total
Benefit
Hours
Hours
Reported Reported
0.00
0.00

Month
Jan-12
101.75

Total

101.75

Total
Hours
101.75

Capped
Hours

Total
Hour
Difference
101.75

Benefit
Hour
Difference
101.75

101.75

101.75

I

0.00

0.00

Total Items Listed in this Period:

1.00

0.00

0.00

101.75

Le!:!acv Professionals LLP

Monthly Detail Report
'Account Number:

24170

Audit Period:

January 1, 2011 to September 30, 2012

Employer:
Address:

Cleveland Corporate Services
109 Springbrook Trail So.
Oswego, IL 60543
630-673-0198

Month:

February 2012

Page#:

15 of 22

Phone:

Employee I Payee
Name
Czischki Marianne
111111 Czischki Tim

Reference
Number
100-00-0000

' llH

I

Error
Code
CD49
CD3

Total
Benefit
Hours
Hours
Reported Reoorted
0.00
0.00
0.00
0.00

* * * * * * Actual Hours Per Week * * * * * *
Total
Month
Hours
Feb-12
39.25
39.25
58.75
58.75

0.00

0.00

Total Items Listed in this Period:

2.00

Total

98.00

0.00

0.00

98.00

Capped
Hours

Total
Hour
Difference
39.25
58.75

Benefit
Hour
Difference
39.25
58.75

98.00

98.00

Legacy Professionals LLP

Monthly Detail Report
Account Number:

24170

Audit Period:

January 1, 2011 to September 30, 2012

Employer:
Address:

Cleveland Corporate Services
109 Springbrook Trail So.
Oswego, IL 60543
630-673-0198

Month:

March 2012

Page#:

16 of22

Phone:

--.-..
Reference

200-00-0000

Employee I Payee
Name
Czischki Tim
Lewis Mike

Error
Code
CD3
CD49

* * * * * *Actual Hours Per Week * * * * * *

Benefit
Total
Hours
Hours
Reported Reported
0.00
0.00
0.00
0.00

Month
Mar-12
284.50
79.75

Total

364.25

Total
Hours
284.50
79.75

0.00

0.00

Total Items Listed in this Period:

2.00

0.00

0.00

364.25

Capped
Hours

Total
Hour
Difference
284.50
79_75

Benefit
Hour
Difference
284.50
79.75

364.25

364.25

LeQacy Professionals LLP

Monthly Detail Report
Account Number:

24170

Audit Period:

January 1, 2011 to September 30, 2012

Employer:
Address:

Cleveland Corporate Services
109 Springbrook Trail So.
Oswego, IL 60543
630-673-0198

Month:

April 2012

Page#:

17 of 22

Phone:

Employee I Payee
Name
Czischki Tim

Reference

~

Error
Code
CD3

Benefit
Total
Hours
Hours
Reported Reported
0.00
0.00

* * * * * *Actual Hours Per Week"' * * * * *
Total
Month
Hours
Apr-12
213.25
213.25

Capped
Hours

Total
Hour
Difference
213.25

Benefit
Hour
Difference
213.25

213.25

213.25

!

I

213.25

0.00

0.00

Total Items Listed in this Period:

1.00

Total

0.00

0.00

213.25

Legacy Professionals LLP

Monthly Detail Report
Account Number:

24170

Audit Period:

January 1. 2011 to September 30, 2012

Employer:
Address:

Cleveland Corporate Services
109 Springbrook Trail So.
Oswego, IL 60543
630-673-0198

Month:

May 2012

Page#:

18 of 22

Phone:

Reference

f ·.

s:

?N_lJmzr

Employee I Payee
Name
Czischki Tim

Error
Code
CD3

Total
Benefit
Hours
Hours
Reported Reported
0.00
0.00

* * " * * * Actual Hours Per Week * * * * * *
Total
Month
Hours
Mav-12
36.75
36.75

0.00

0.00

Total Items Listed in this Period:

1.00

Total

36.75

0.00

0.00

36.75

Capped
Hours

Total
Hour
Difference
36.75

Benefit
Hour
Difference
36.75

36.75

36.75

Legacy Professionals LLP

Monthly Detail Report
Account Number:

24170

Audit Period:

January 1, 2011 to September 30, 2012

Employer:
Address:

Cleveland Corporate Services
109 Springbrook Trail So.
Oswego, IL 60543
630-673-0198

Month:

June 2012

Page#:

19 of22

Phone:

Reference

l2blllt

Employee I Payee
Name
Czischki Tim
Lewis Mike

Error
Code
CD3
CD49

* * * * * * Actual Hours Per Week * " * * * *

Total
Benefit
Hours
Hours
Reported Reported
0.00
0.00
0.00
0.00

Month
Jun-12
131.25
125.50

Total

256.75

Total
Hours
131.25
125.50

0.00

0.00

Total Items Listed in this Period:

2.00

0.00

0.00

256.75

Capped
Hours

Total
Hour
Difference
131.25
125.50

Benefit
Hour
Difference
131.25
125.50

256.75

256.75

Legacy Professionals LLP

Monthly Detail Report
Account Number:

24170

Audit Period:

January 1, 2011 to September 30, 2012

Employer:
Address:

Cleveland Corporate Services
109 Springbrook Trail So.
Oswego, IL 60543
630-673-0198

Month:

July 2012

Page#:

20 of 22

Phone:

Reference
Number

Error
Code
CD3

Employee I Payee
Name
Czischki Tim

* * * * * *Actual Hours Per Week * * * * * *

Total
Benefit
Hours
Hours
Reported Reported
0.00
0.00

Month
Jul-12
48.25

Total

48.25

Total
Hours
48.25

Capped
Hours

Total
Hour
Difference
48.25

Benefit
Hour
Difference
48.25

48.25

48.25

I

0.00

0.00

Total Items Listed in this Period:

1.00

0.00

0.00

48.25

Legacy Professionals LLP

Monthly Detail Report
Account Number:

24170

Audit Period:

January 1, 2011 to September 30, 2012

Employer:
Address:

Cleveland Corporate Services
109 Springbrook Trail So.
Oswego, IL 60543
630-673-0198

Month:

August 2012

Page#:

21of22

Phone:

Reference

I

JF~~:r.

Employee I Payee
Name
Czischki Tim

Error
Code
CD3

Total
Benefit
Hours
Hours
Reported Reported
0.00
0.00

* * * * * *Actual Hours Per Week * * * * * *
Total
Month
Aug-12
Hours
91.75
91.75

0.00

0.00

Total Items Listed in this Period:

1.00

Total

91.75

0.00

0.00

91.75

Capped
Hours

Total
Hour
Difference
91.75

Benefit
Hour
Difference
91.75

91.75

91.75

Legacy Professionals LLP

Monthly Detail Report
Account Number.

24170

Audit Period:

January 1, 2011 to September 30, 2012

Employer:
Address:

Cleveland Corporate Services
109 Springbrook Trail So.
Oswego, IL 60543
630-673-0198

Month:

September 2012

Page#:

22 of22

Phone:

Reference
Number
200-00-0000

Employee I Payee
Name
Czischki Tim
Lewis Mike

Error
Code
CD3
CD49

* * * * * *Actual Hours Per Week * * * * * *

Total
Benefit
Hours
Hours
Reoorted Reoorted
0.00
0.00
0.00
0.00

Month
Seo-12
215.50
59.25

Total

274.75

Total
Hours
215.50
59.25

0.00

0.00

Total Items Listed in this Period:

2.00

0.00

0.00

274.75

Capped
Hours

Total
Hour
Difference
215.50
59.25

Benefit
Hour
Difference
215.50
59.25

274.75

274.75

14 CV 04513

Exhibit B-3

Interest & Damages Summary
Account Number:

24170

Employer:
Address:

Cleveland Corporate Services
109 Springbrook Trail So
Oswego, IL 60543

Reporting Period
January 2011
February 2011
May 2011
June 2011
July 2011
August 2011
September 2011
October 2011
November 2011
December 2011
January 2012
February 2012
March 2012
April 2012
May 2012
June 2012
July 2012
August 2012
September 2012

Totals

Calculation Date: March 16, 2015

Delinquency
Amount

Interest

Liquidated
Damages

$1,701.90
$301.32
$2,488.68
$2,219.20
$984.96
$3,866.88
$1,848.32
$2,948.80
$5,155.84
$2,888.00
$2,474.56
$2,383.36
$8,858.56
$5, 186.24
$893.76
$6,590.77
$1,238.58
$2,355.22
$7,052.83

$232.51
$40.36
$305.98
$264.76
$113.86
$432.31
$201.06
$312.41
$532.36
$290.27
$241.46
$226.46
$817.06
$464.53
$77.56
$554.55
$100.87
$185.31
$536.36

$340.38
$60.26
$497.74
$443.84
$196.99
$773.38
$369.66
$589.76
$1,031.17
$577.60
$494.91
$476.67
$1,771.71
$1,037.25
$178.75
$1,318.15
$247.72
$471.04
$1,410.57

$61,437.78

$5,930.04

$12,287.55

Total
Due
$2,274.79
$401.94
$3,292.40
$2,927.80
$1,295.81
$5,072.57
$2,419.04
$3,850.97
$6,719.37
$3,755.87
$3,210.93
$3,086.49
$11,447.33
$6,688.02
$1,150.07
$8,463.47
$1,587.17
$3,011.57
$8,999.76

$79,655.37

14 CV 04513

Exhibit C

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
CHICAGO REGIONAL COUNCIL OF
)
CARPENTERS PENSION FUND, et al.,
)
)
Plaintiffs,
) 14 CV 04513
)
v.
) Judge Lee
COMMERCIAL CORPORATE SERVICES,
)
INC., et al.,
)
)
)
Defendants.

DECLARATION OF KEVIN P. MCJESSY
I, Kevin P. McJessy, hereby declare, under penalty of perjury pursuant to the laws of the
United States, that the following statements are true:
1.

I am one of the attorneys representing the Chicago Regional Council of

Carpenters Pension Fund, the Chicago Regional Council of Carpenters Welfare Fund, the
Chicago and Northeast Illinois Regional Council of Carpenter Apprentice and Trainee Program,
and the Labor/Management Union Carpentry Cooperation Promotion Fund (collectively "the
Trust Funds") in the above-captioned lawsuit ("Lawsuit") against Commercial Corporate
Services, Inc. ("Defendant").
2.

I am also one of the attorneys who represented the Trust Funds in the lawsuit

Chicago Regional Council of Carpenters Pension Fund et al. v. Cleveland C01porate Services,
Inc., 12 CV 8974.
3.

I have been licensed to practice law in the State of Illinois and the United States

District Court for the Northern District of Illinois since 1995. I am an attorney with McJessy,
Ching & Thompson, LLC ("MC&T").

4.

As part of my practice, I handle claims under ERISA. I personally represented

the Trust Funds throughout the lawsuit against Defendant and throughout this alter-ego Lawsuit
against Defendant to collect unpaid fringe benefit contributions.
5.

The Trust Funds have incurred $21,199.42 in fees and expenses to compel

Defendant and then, through this alter-ego claim, Defendant to comply with its obligations under
the terms of the Collective Bargaining Agreement and applicable trust agreements. A redacted
copy of the billing statement from MC&T from the inception of this lawsuit to the present,
redacted to protect privileged communications, is attached as Exhibit C-1. The detailed billing
statement describes in detail all work performed by MC&T in this matter.
a)

The Trust Funds have collectively incurred fees totaling $16,384.00 for

102.40 hours of attorney services. The substantially reduced hourly rate for attorneys at
MC&T for Trust Funds matters is $160.00 per hour.
b)

The Trust Funds have collectively incurred fees totaling $738.00 for 12.30

hours of paralegal time. The substantially reduced hourly rate for paralegals at MC&T
for Trust Fund matters is $60.00 per hour.
c)

The Trust Funds incurred $4,077.42 in expenses for the filing fee; process

server charges; legal research charges; courier charges; photocopy charges; postage
charges; court reporter charges, witness fees and charges for Illinois Secretary of State
documents.
6.

The attorneys' fees, paralegal fees and costs charged to the Trust Funds in this

matter are consistent with MC&T's regular charges for services to the Trust Funds on similar
matters and are substantially reduced from MC&T for other clients.

7.

I have personal knowledge of the matters stated in this affidavit and could testify

competently to them.
FURTHER AFFIANT SAYETH NOT.

Date

14

v 04513

Exhibit C-1

lar/16/2015
>ate
Entry JI

Received From/Paid To
Explanation

Chq#
Rec#

McJessy, Ching & Thompson, LLC
Client Ledger
ALL DATES
1----- General -----1
Rep ts
Disbs
Fees

.000
Chicago Regional Council of Carpenters >183-CLEV
Cleveland Corporate Services
.ug 13/2012 Lawyer: KM 0.30 Hrs X 160.00
69090
Reviewed correspondence from M.
Curtain dated 8/3/12 for demand
letter. (.1) Prepared
correspondence to Cleveland
Corporate making demand for
audit.
( .2)
cug 16/2012 Lawyer: KM 0.30 Hrs X 160.00
69300 Telephone call from G. Butera
responding to demand letter
and claim that her company
terminated its agreement with
the Union, advised she should
contact her attorney to deal
with the union and Trust
Funds. (.2) Prepared

Page: 1

1-----------

Bld
Inv# Ace

mg 24/2012
68724
\ug 27/2012
68840

let

5/2012
70533

let

8/2012
69601
let 29/2012
69918
let 29/2012
69949
fov 8/2012
70192

48.00

6951

48.00'

6951

16.00

;ov

'1ov

8/2012
70618

27/2012
70634

fov 30/2012
70595
lee 6/2012
70910
lee 13/2012
70987
lee 20/2012

Lawyer: KM 0.10 Hrs X 160.00
Reviewed and responded
correspondence from J.

6951

c
Bil.ling on Invoice 6857
6857

0.00
Lawyer: SK 0.20 Hrs X 60.00
Call from M. Curtin at Legacy
regarding Cleveland Corporate
Services' 8/24/12 deadline
with no response from
Cleveland. Confer with K.
McJessy and prepared

12.00

6951

16.00

awyer:
Reviewed records showing
Cleveland Corporate is a
signatory without record of
termination.
Billing on Invoice 6951
124.00
FEES
Billing on Invoice 6983
Chicago Regional Council of Carpe
PMT 01235
Lawyer: KM 1.50 Hrs X 160.00
Telephone call with Robert Lid
to confirm that Cleveland
Corporate Services has not
terminated its agreement with
the union; R. Lid confirmed
Cleveland Corporate still
bound by its agreement,
submitted reports of no
carpenters in 2012. (.2)
Reviewed audit referral file
.and prepared draft complaint
against Cleveland Corporate
Services. (1.3)
Lawyer: SK 1. 00 Hrs X 60. 00
Prepared civil cover sheet,
summons and appearance ( .2).
Filed complaint (. 3).
Reviewed email from court
intake clerk regarding judges
assignments and completed
summons re: same (. 2).
Prepared email to court intake
clerk forwarding summons for
issuance ( .1). Prepared email
correspondence to process
server forwarding summons and
complaint ( .2).
Lawyer: SK 0.20 Hrs X 60.00
Reviewed affidavit of service
from process server and filed
same with court.
Expense Recovery
00253
Photocopy Recovery
Billing on Invoice 7091
FEES
16.00
Midwest Investigations
3977
Process Server recovery Capital One Services

-----------1

Resp Lawyer: KM

liifijliit:..
mg 17/2012
68544

Trust Activity
Rcpts
Disbs

7091

0.00

6951

o.oo

6983

124.00
2,40. 00

7182

60.00

7182

12.00

7182

3.84

7182

0.00

7091

85.00

7279

Balance

11cJessy, Ching & Thompson, LLC
Client Ledger
ALL DATES

11ar/16/2015
Date
Entry

#

71259
Dec 20/2012
71280
Dec 21/2012
72139

Dec 27/2012
71305
Dec 28/2012
71339

Received From/Paid To
Explanation

Chq#
Rec#

Filing Fee
3987
LexisNexis
Legal Research
3990
Lawyer: KM 0.30 Hrs X 160.00
Telephone call with R. Krug
regarding complaint filed and
need for audit arrangements.
(.2) Prepared correspondence
to R. Krug forwarding
auditors' information.
Reviewed correspondence from
R. Krug acknowledging receipt
of same. ( .1)
Chicago Regional Council of Carpe
Pl1T 01254
Lawyer: KM 0.20 Hrs X 160.00
Reviewed correspondence from R.
Krug, counsel for defendant,
regarding difficulty arranging
audit. Prepared correspondence
to R. Krug responding to same
and forwarding contact
information for 11. Ragona.
(,1) Telephone call with 11.
Ragona to discuss status of
contact with Cleveland
corporate and that they may be
calling to schedule and audit.

1----Rcpts

General

Page: 2

-----1
Disbs

Fees

Bld 1----------- Trust Activity-----------!
Inv# Ace
Rcpts
Disbs
Balance

350.00

7279

9.32

7279
48.00

7279

32.00

7279

48.00

7359

16.00

( .1)

Jan

Jan

3/2013
72648

7/2013
71768

Jan 18/2013
72343
Jan 24/2013
72388
Jan 28/2013
72821

Jan 31/2013
72850
Feb

Feb
Feb

1/2013
73491

5/2013
72497
5/2013
72531

Lawyer: Kl1 0.30 Hrs X 160.00
Reviewed and responded to
correspondence from 11. Ragona
regarding status of the audit;
sending second record request
to Grace at Cleveland
Corporate.
( . 1) Reviewed and
responded to correspondence
from 11. Curtain forwarding
record request to Cleveland
Corporate; reviewed record
request.
( .2)
Billing on Invoice 7182
FEES
312.00
DISBS
3.84
Billing on Invoice 7279
FEES
80.00
DISBS
444.32
Chicago Regional Council of Carpe
Pl1T 01268
Lawyer: Kl1 0.10 Hrs X 160.00
Reviewed and responded to
correspondence from R. Krug
dated 1/28/13 regarding court
appearance and Cleveland
Corporate's cooperation.
Lawyer: Kl1 0.10 Hrs X 160,00
Prepared correspondence to M.
Curtain inquiring on status of
audit.
Lawyer: Kl1 0.40 Hrs X 160.00
Telephone call with Legacy
Professionals regarding status
of audit, audit proceeding very
slow.
(.2) Prepared
correspondence to R. Krug
summarizing the documents that
Cleveland Corporate has
produced and advising that
Cleveland Corporate is not
fully cooperating and,
therefore, needs to file an
appearance.
(.2)
Chicago Regional Council of Carpe
Pl1T 01278
Lawyer: Kl1 2.70 Hrs X 160.00
Appeared in court for
pre-scheduled status hearing
before Judge Gottschall.
(1.7) Reviewed and responded
to correspondence of 2/4/13
from R. Krug, counsel for
Cleveland Corporate,
responding to his email asking
as to what documents are still
due and advising that
Cleveland Corporate did not
cooperate timely and needs to
file an appearance by Friday
to avoid motion for default;
revie1·1ed file for record
request to respond to R. Krug.

0.00

7182

0.00

7279

315.84
16.00

7359

16.00

7359

64.00

7 429

432.00

7429

524.32

McJessy, Ching & Thompson, LLC
Client Ledger
ALL DATES

Mar/16/2015
Date
Entry #

Feb
Feb

5/2013
73230
6/2013
73522

Feb 15/2013
72646
Feb 18/2013
73593

Feb 19/2013
73601

Feb 20/2013
73066
Feb 20/2013
73088

Feb 26/2013
73128

Received From/Paid To
Explanation

(.4) Reviewed ECF court order
of Judge Gottschall setting
next status date and prepared
correspondence to R. Krug
forwarding same for his
information.
(.2) Telephone
call from R. Krug asking that
KPM follow up with auditor
because his client produced
additional documents today and
he wants to kno1·1 whether the
documents are sufficient for
audit, and discussed that
Cleveland corporate still
needs to file an appearance
and answer.
( . 2)
Telephone
call to M. Curtin (left
message) and prepared
correspondence to M. Curtin
following up on whether
Cleveland Corporate produced
additional records per R.
Krug' s request.
( . 2)
Expense Recovery
Postage Recovery
Lawyer: KM 0.40 Hrs X 160.00
Telephone call with M. Curtain
regarding status of Cleveland
Corporate's record production.
(.2) Prepared correspondence
to R. Krug regarding
confirmation that Cleveland
Corporate has produced
additional records to the
auditor but not all requested
records have been produced.
(.1) Prepared correspondence
to M. Curtain forwarding email
sent to R. Krug and request to
be kept abreast of any further
production of records by
Cleveland Corporate. Reviewed
correspondence from R. Krug
advising that he will follow
up with his client further
today for production of
records.
( .1)
Lawyer: KM 0.20 Hrs X 160.00
Telephone call from R. Krug
seeking status of audit.
Lawyer: KM 0.20 Hrs X 160.00
Prepared correspondence to M.
Ragona seeking status of
audit. Reviewed
correspondence from M. Curtain
forwarding revised record
request list.
Lawyer: KM 2.80 Hrs X 160.00
Drafted motion for entry of
default judgment against
Cleveland Corporate; reviewed
file documents as necessary to
prepare motion. (1.0) Filed
motion via court's ECF system.
(.2) Appeared in court for
status hearing before Judge
Gottschall and notice of
intent to file motion for
entry of default judgment.
(1.5) Prepared correspondence
to R. Krug forwarding record
request and advising of motion
for entry of default judgment
filed today.
(.1)
Billing on Invoice 7359
FEES
80.00
Lawyer: KM 0.10 Hrs X 160.00
Reviewed and responded to
correspondence from R. Krug
asking KPM to resend updated
record request by auditor.
Lawyer: KM 0.40 Hrs X 160.00
Telephone call with M. Curtain
regarding status of Cleveland
audit--i.e., not all documents
were produced but based on
those that were produced there
are findings.
(. 2) Telephone
call with M. Curtain following
up on whether production of the
audit report by 3/15/13 is

Chq#
Rec#

00259

1----Rcpts

General

Page: 3

-----1
Disbs

Fees

0. 46

Bld 1----------- Trust Activity -----------1
Inv# Ace
Rcpts
Disbs
Balance

7429
64. 00

7429

32.00

7429

32.00

7429

448.00

7429

7359

0.00
16.00

7429

64.00

7429

ar/16/2015
,ate
Entry #

'eb 27/2013
73160

'eb 28/2013
73208
lar 1/2013
73161

lar

1/2013
73225
!ar 11/2013
73308
lar 11/2013
74092

1ar 21/2013
73394
1ar 27 /2013
73804
1ar 27/2013
74187

Received From/Paid To
Explanation

Rec#

sufficient and whether he
should respond to Cleveland
Corporate's inquiry to him
about what it should do about
the status hearing, he will
tell them to appear. ( .2)
Lawyer: KM 1.90 Hrs X 160.00
Reviewed correspondence from R.
Krug regarding appearance at
hearing by Cleveland Corporate
officer. (.1) Appeared in
court before Judge Gottschall
for status hearing and hearing
on motion for entry of default;
motion continued to April.
(1.6) Prepared correspondence
to M. Curtain asking for
updated record request even
though he is preparing a final
audit report based on those
records that were produced.
( .1) Prepared correspondence
to R. Krug with copy to
auditor and client regarding
results of hearing, not all
records produced and notice of
completed audit report by
3/15/13, will produce with
demand when received. (.l)
Expense Recovery
Photocopy Recovery
00258
Lawyer: KM 0.20 Hrs x 160.00
Reviewed 2/27/13 correspondence
from M. Curtain forwarding
record request; reviewed
record request. Prepared
correspondence to R. Krug
forwarding record request.
Expense Recovery
Postage Recovery
00259
Chicago Regional Council of Carpe
01298
PMT Lawyer: KM 0.40 Hrs x 160.00
Reviewed court order of Judge
Gottschall resetting hearing
date and diaried same.
Prepared correspondence to R.
Krug, counsel for Cleveland
advising that hearing set for
tomorrow is reset; telephone
call to R. Krug concerning
same so his client does not
( .2) Prepared
show up.
correspondence to M. Curtain,
Legacy Professionals, asking
for status of audit. ( .1)
Reviewed correspondence from
M. Curtain advising that the
report is complete and has
been submitted for review.
( .1)
US Messenger & Logistics
Courier Recovery
4076
Billing on Invoice 7429
FEES
1456.00
DIS BS
6.34
KM 0.10 Hrs x 160.00
correspondence from J.

1ar 31/2013
73912
>.pr 1/2013
74216
>,pr

Chq#

x

00261

McJessy, Ching & Thompson, LLC
Client Ledger
ALL DATES
General
Rep ts
Disbs
Fees

1-----

-----1

304.00

5.88

Page: 4

1-----------

Bld
Inv# Ace

7429

7429
32.00

2.65

7492

7492

80.00
64.00

7492

14.60

7492

0.00

7429
16.00

1. 08

7492

7492

160.00
16.00

1/2013
74713

with J. Conklin
( .1)

Reviewed
from J. Conklin

reviewed copy of audit report.
(.3) Prepared correspondence
to R. Krug forwarding audit
report of Cleveland Corporate.
(.1) Reviewed and replied to
correspondence from R. Krug
advising that he forwarded the

7558

96.00

7558

Trust Activity
Rep ts
Disbs

-----------1

Balance

1ar/16/2015
)ate
Entry #

Received From/Paid To
Explanation

Chq#
Rec#

McJessy, Ching & Thompson, LLC
Client Ledger
ALL DATES
1----- General -----1
Rcpts
Disbs
Fees

Page: 5

1-----------

Bld
Inv# Ace

audit report to his client.
( .1)

!\pr

".pr

3/2013
73951

4/2013
74866

!\pr 11/2013
74002
".pr 18/2013
74240
!\pr 25/2013
75125
!\pr 26/2013
74523
!\pr 30/2013
74831

Lawyer: KM 1.80 Hrs X 160.00
Appeared before Judge
Gottschall regarding continued
hearing on motion for default
and status of audit. (1.8)
Lawyer: KM 0.10 Hrs X 160.00
Reviewed court order of Judge
Gottschall confirming
withdrawal of default motion
and setting status hearing for
5/1/13 to allow audit comment
by defendant. Prepared
correspondence to R. Krug
forwarding court order.
Chicago Regional Council of CarpE
PMT 01313
Billing on Invoice 7492
FEES
112.00
DISBS
18.33
PACEr
PACR
4092
Chicago Regional Council of CarpE
PMT 01322
Lawyer: KM 0.30 Hrs X 160.00
Telephone call to R. Krug;
prepared correspondence to R.
Krug regarding whether his
client intends to respond to
the audit report previously
sent to it. {.l) Telephone
call to J. Conklin r~garding
0

( .1)

288.00

7558

16.00

7558

1462.34
0.00

7492

1.30

7558

130.33
48.00

7558

256.00

7615

16.00

7615

16.00

7615

Reviewed
from J. Conklin
d

'1ay

'1ay

'1ay

1/2013
75263

6/2013
75420

9/2013
74641

'1ay 13/2013
75213
'1ay 17 /2013
74903
'1ay 31/2013
75225
Jun 6/2013
75262

x

(.1)

Lawyer: KM 1.60-Hrs
160.00
Appeared in court for hearing
on status before Judge
Gottschall; brief conversation
with owner of Cleveland
Corporate afterward regarding
audit report.
Lawyer: KM 0.10 Hrs X 160.00
Reviewed court order from Judge
Gottschall setting hearing date
for June 12th; diaried court
date.
Lawyer: KM 0.10 Hrs X 160.00
Reviewed and responded to
correspondence from G. Butera
asking for copy of audit
report; reviewed emails and
file for document requested
and for prior email forwarding
same document to her attorney.
Expense Recovery
Postage Recovery
Billing on Invoice 7558
4 64. 00
FEES
1.30
DIS BS
Expense Recovery
Photocopy Recovery
Lawyer: KM 2.10 Hrs X 160.00
Prepared correspondence to J.
Conklin re

-··

correspondence from J, Conklin

ff? -[

( .1)

Prepared correspondence to J.
Conkli
( .1)

Prepared dra t of J. Libby
declaration to support motion
for default judgment. (.5)
Prepared declaration of K.
McJessy to support claim for
damages for attorneys fees and
costs. (.3) Prepared revised
motion for default judgment;
and, reviewed FRCP 55,
information from J. Conklin
and reviewed file materials

00264

7615

0.00
00265

0.46

7558

0.72

7615

336.00

7678

Trust Activity
Rcpts
Disbs

-----------1

Balance

Mar/16/2015
Date
Entry #

Received From/Paid To
Explanation

Jun

McJessy, Ching & Thompson, LLC
Client Ledger
ALL DATES
1----- General -----1
Rcpts
Disbs
Fees

for correspondence between K.
McJessy and R. Krug or G.
Butera to use as exhibits to
motion. (1.1)
Lawyer: KM 0.90 Hrs X 160.00
Telephone call from J. Libby
regarding ~
I
~ (. 2)
Reviewed
cor.espondence from J.

7/2013
75261

Chq#
Rec#

Page: 6

1-----------

Bld
Inv# Ace

144.00

7678

36.00

7678

176.00

7678

(.1)

Final review and edits to
motion to J. Libby declaration
and to K. McJessy declaration.
(. 6)

Jun 10/2013
75296

Lawyer: SK 0.60 Hrs X 60.00
Prepared notice of motion for
entry of default judgment
(.1). Filed motion for entry
of default judgment and
exhibits A-G with court (. 3) •
Scheduled and filed notice of
motion with court ( . 1) .
Prepared correspondence to
Judge Gottschall forwarding
file-stamped courtesy copies
of same (.1).
Jun 10/2013 Lawyer: KM 1.10 Hrs X 160. 00
75342 Reviewed and responded to
correspondence from G. Butera
with copy to R. Krug regarding
her request to continue status
hearing because she is not
available on Wednesday.
Coordination of filing of
motion for entry of default
judgment. Telephone call with
T.• Perdue substitute for R.
Johnson this week regarding
request to continue hearing to
6/19/13. Reviewed ECF court
order of Judge Gottschall
continuing hearing if 6/12/13
to 6/19/13. Prepared
correspondence to R. Krug and
G. Butera forwarding court
order. Telephone call from
U.S. Messenger Service
regarding difficulties in
delivering package, no answer
at chambers and cannot gain
access. Telephone call to
Judge's chambers, U.S.
Messenger Service advised that
they have gained access and
were able to deliver the
package. Telephone call from
Judge Gottschall's secretary
confirming that she did
receive the courtesy copies.
Jun 10/2013 Chicago Regional Council of Carpe
75399 PMT 01344
Jun 10/2013 Expense Recovery
75916 Postage Recovery
00266
Jun 19/2013 Lawyer: KM 1. 70 Hrs X 160. 00
75467 Appeared in court before Judge
Gottschall regarding motion
for entry of final judgment.
(1.3) Prepared correspondence
1:3.5MtpVeg~ing
.SQ I'
. . . . . lii!!lh

Jun 19/2013
76101

Jun 20/2013
75646
Jun 21/2013
75699
Jun 21/2013
75877

•

3.

4 65. 30

2.92

7678
272. 00

7 678

16.00

7678

( . 1)

Prepared proposed draft order
of judgment. (.2) Prepared
correspondence to order
submission box forwarding
draft order. (.1)
Lawyer: KM 0.10 Hrs X 160.00
Prepared correspondence to J.
Conklin regarding

Billing on Invoice 7615
FEES
288.00
DIS BS
1.18
UPS
Courier - UPS - recovery Lawyer: KM 0.20 Hrs X 160.00
Reviewed ECF court order of

0.00
4150

7615

24.25

7678
32.00

7678

Trust Activity
Rcpts
Disbs

-----------1

Balance

lar/16/2015
late
Entry #

Received From/Paid To
Explanation

Chq#
Rec#

McJessy, Ching & Thompson, LLC
Client Ledger
ALL DATES
General -----1
Ropts
Disbs
Fees

1-----

Page: 7

1----------- Trust
Ropts

Bld
Inv# Ace

Judge Pallmeyer regarding
entry of judgment. Prepared
correspondence to client
Tun 30/2013
75928
Tul 18/2013
76035
Tul 19/2013
76070
Tul 19/2013
76141
rul 24/2013
76170

Tul 31/2013
76365
\ug 2/2013
76400
<ug 15/2013
77243

\ug 15/2013
77342

'.ug 16/2013
77019
'.ug 19/2013
76750
'.ug 21/2013
76910

'.ug 21/2013
77015
'.ug 22/2013
77295
'.ug 27/2013
76959

~ug

27 /2013
76963

31/2013
77025
3ep 12/2013
77102
3ep 19/2013
77153
~ug

3ep 20/2013
77362
3ep 24/2013
77539

Sep 24/2013

Expense Recovery
Photocopy Recovery
00267
Chicago Regional Council of Carpe
PMT 01353
US Messenger & Logistics
Courier Recovery
4160
Billing on Invoice 7678
FEES
1012.00
DISBS
65.93
Lawyer: SK 0.20 Hrs x 60.00
Prepared email correspondence
to process server forwarding
citation notice and citation
to discover assets for service
on defendant.
E:tpense Recovery
Photocopy Recovery
00268
Chicago Regional Council of Carpe
PMT 01359
Lawyer: KM 1.40 Hrs X 160.00
Prepared citation to discover
assets to Cleveland Corporate
and prepared third party
citation to Chase Bank.
Lawyer: KM 0.50 Hrs X 160.00
Revised citation rider to
Cleveland Corporate. Revised
third-party citation rider to
Chase Bank.
Expense Recovery
Postage Recovery
00270
Billing on Invoice 7739
FEES
12.00
17.48
DISBS
Lawyer: SK 0.10 Hrs x 60.00
Call from process server
regarding G. Butera's
continued avoidance of service
of citation papers and approval
for limited stake-out time.
Expense Recovery
Postage Recovery
00270
Lawyer: KM 0.10 Hrs X 160.00
Reviewed Chase Bank response to
citation to discover assets.
Lawyer: KM 0.20 Hrs X 160.00
Telephone call with Genny
Berkowitz [phone],
Chase Bank, as to date and
time of production of records
by Chase, will be 9/25/13.
Lawyer: KM 0.20 Hrs X 160.00
Reviewed citation response to
Chase Bank, accounts closed no
assets but Chase did not
produce records in response to
citation, follow up on same.
Expense Recovery
Photocopy Recovery
00271
Chicago Regional Council of Carpe
PMT 01375
Midwest Investigations
Process Server recovery
4201
Service of Citation on
Cleveland Corp. Services with
stake out time
Billing on Invoice 7799
FEES
390.00
11. 64
DIS BS
Lawyer: SK 0.30 Hrs x 60.00
Confer with K. McJess to
Reviewed
file materials and internet
materials for phone numbers
for G. Butera in order to
confirm citation on 9/27.
Left several messages at
several phone numbers; other
numbers not in service.
Performed updated Lexis search
for G. Butera and left message
at work place. Call from G.
Butera confirming citation for
9/27 and relayed same to J.
Libby.
Lawyer: KM 0.10 Hrs X 160.00

38. 76

7678

14 .60

7739

0.00

7678

289.18

12.00

2.88

7739

7739

1077. 93
224.00

7799

80.00

7799

1.32

7799

0.00

7739
6.00

1.32

7799

7799
16.00

7799

32.00

7799

32.00

7799

9.00

7799

220.00

7868

0.00

7799

29.48

18.00

7868

Activity
Disbs

-----------!

Balance

Mar/16/2015
Date
Entry #
77854

Sep 25/2013
77866

Sep 26/2013
77576

Sep 26/2013
77870
Sep 30/2013
77688
Sep 30/2013
77869

Oct
Oct

Oct

2/2013
77638
7 /2013
77679

8/2013
78517

Oct 10/2013
77732
Oct 18/2013
77904
Oct 23/2013
77971
Oct 30/2013
78191
Nov 7/2013
78331
Nov 12/2013
78396

Nov 20/2013
78683
Dec

5/2013
79073
Dec 18/2013
79428
Jan 13/2014
79561

Jan 14/2014
80438

Jan 15/2014
80322

Chq#
Rec#

Received From/Paid To
Explanation

Arrangements to confirm G.
Buterra's appointment for
citation of Cleveland
Corporate.
Lawyer: KM 0.30 Hrs X 160.00
Prepared correspondence to G.
Buterra demanding production
of records before citation
examination and postponing
citation examination.
Lawyer: SK 0.10 Hrs X 60.00
Confer with G. Butera advising
of letter from K. McJessy sent
via FedEx regarding
postponement of 9/27 citation.
Lawyer: KM 0.10 Hrs X 160.00
Reviewed Chase Bank response to
citation to discover assets,
reporting no assets.
Expense Recovery
Photocopy Recovery
00272
Lawyer: KM 0.40 Hrs x 160.00
Telephone call with G. Buterra
and reviewed all documents
requested by rider to citation
and her confirmation that she
will obtain documents she has
but which have not been
produced.
Chicago Regional Council of Carpe
01388
PMT Lawyer: KM 0.30 Hrs X 160.00
Reviewed correspondence from G.
Butera forwarding documents and
advising that still further
documents are on their way.
Prepared correspondence to J.
Conklin

ii

Iii I

11'1

McJessy, Ching & Thompson, LLC
Client Ledger
ALL DATES
General
Rep ts
Disbs
Fees

1-----

-----1

Page: 8

1-----------

Bld
Inv# Ace

16.00

7868

48.00

7868

6.00

7868

16.00

7868

0.60

7868
64.00

7868

48.00

7940

16.00

7 940

401. 64

I

Lawyer: KM 0.10 Hrs x 160.00
Reviewed correspondence from G.
Buterra forwarding documents
responsive to citation.
FedEx
4214
Courier - Federal Express Billing on Invoice 7868
168.00
FEES
220.60
DIS BS
LexisNexis
4223
Legal Research
Chicago Regional Council of Carpe
01401
PMT JP Morgan Chase N.A.
4230
Photocopy Recovery - Response
to Citation
Lawyer: KM 0.30 Hrs X 160.00
Reviewed file materials and
information provided by G.
Butera; prepared
correspondence to J, Conklin

Billing on Invoice 7940
FEES
64.00
DISBS
30.50
Chicago Regional Council of Carpe
01418
PMT Billing on Invoice 8050
FEES
48.00
DIS BS
75.56
Lawyer: KM 0.20 Hrs x 160.00
Reviewed file for response by
G. Butera to set citation
date. Prepared correspondence
to G. Butera regarding
availability for citation
during first two weeks of
February.
Lawyer: KM 0.10 Hrs X 160.00
Reviewed and responded to
correspondence from Cleveland
Corporate I Grace Butera
regarding date of citation and
scheduling of same.
Lawyer: KM 0.10 Hrs X 160.00
Reviewed and responded to
correspondence from G. Butera
regarding what to expect at
citation and seeking to
confirm citation for 2/11/14.

25.19

7940

0.00

7868

5.31

7940

75.56

8050

388.60

48.00

8050

0.00

7940

o.oo

8050

94.50

32.00

8160

16.00

8160

16.00

8160

Trust Activity
Rep ts
Disbs

-----------1

Balance

McJessy, Ching & Thompson, LLC
Client Ledger
ALL DATES

1ar/16/2015
Chq#

1-----

Rec#

Rep ts

Chicago Regional Council of Carpe
PMT 01430
Billing on Invoice 8109

Received From/Paid To
Explanation

Jan 20/2014
79789
Jan 20/2014
79986
Jan 20/2014
80358

feb

6/2014
80684

7/2014
80154

feb 10/2014
80702

General

-----1

1-----------

123.56

late
Entry #

feb

Page: 9

Disbs

Fees

8109

0.00
Lawyer: KM 0.10 Hrs X 160.00
Reviewed and responded to
correspondence from G. Butera
confirming date, time and
location of the Citation.
Lawyer: KM 1. 30 Hrs X 160. 00
Reviewed documents produced by
Cleveland Corporate to begin
preparing for citation
examination, including tax
returns and a portion of the
bank statements produced by
bank.
(1.2) Prepared
correspondence to G. Butera
advising that specific
documents are missing from
production and seeking to
follow up on same. ( . 1)
Lawyer: RM 0.40 Hrs X 160.00
Assembled document to prepare
for citation e;:amination.
Prepared correspondence to L.
Helmandtoler/J. Conklin/J.
Libby ~~·~
Lawyer: KM 4.20 Hrs X 160.00
Reviewed correspondence from G.
Butera advising that she has
produced all records and does
not have any of the documents
requested which are referred
to in KPM's prior
correspondence. (.1)
Reviewed and responded to
correspondence from G. Butera
seeking confirmation she will
appear for citation tomorrow.
(.1) Prepared correspondence
to J. Libby

Bld
Inv# Ace

16.00

8160

208.00

8236

64.00

8236

672. 00

8236

Reviewed
correspondence from G. Butera
confirming appearance for
citation. (.1) Telephone
call to J. Libby regarding
Prepared correspondence to J,
Libby
( .2)

f'eb 11/2014
80162

f'eb 11/2014
80705

Drafted portion of citation
examination outline for G.
Butera and assembled exhibits
for citation examination;
reviewed documents as
necessary to prepare for
citation examination including
review of nearly all detailed
daily expenditures, which
appear to be personal in
nature, as shown on two years
worth of bank statements for
two accounts at Chase Bank.
(3.7)
Lawyer: SK 0.30 Hrs X 60.00
Confer with K. McJessy and
compared WKR Lexis report with
G. Butera Lexis report;
researched We Keep Running
Messenger service.
Lawyer: KM 4.70 Hrs X 160.00
Completed preparation for
deposition of G. Butera,
including finished reviewing
detailed bank statements
appearing to show use of
corporate assets for personal
expenses purposes and
commingling of funds. (1.2)
Conducted citation examination
of G. Butera. (3.2) Confer
with J. Libby

18.00

8236

752.00

8236

Trust Activity
Rcpts
Disbs

-----------1

Balance

lar/16/2015
1ate
Entry #

Received From/Paid To
Explanation
.....

Chq#
Rec#

McJessy, Ching & Thompson, LLC
Client Ledger
ALL DATES
1----- General -----1
Rep ts
Disbs
Fees

Page: 10

1-----------

Bld
Inv# Ace

(.3)

'eb 12/2014
80719

Lawyer: KM 0.20 Hrs X 160.00
Telephone call with J. Libby
regarding

32.00

8236

'eb 12/2014
80722

Lawyer: KM 0.20 Hrs X 160.00
Reviewed correspondence from N.
Lagalo

32.00

8236

36.00

8236

448.00

8236

736.00

8236

........, reviewed forwarded
documents.
'eb 13/2014 Lawyer: SK 0.60 Hrs X 60.00
80177 Prepared deposition/document
subpoenas for Frank Neubauer &
Co. , WKR Trucking and
Henricksen & Company; confer
with Illinois Secretary of
State Office to order articles
of incorporation for Commercial
Corporate Services.
'eb 13/2014 Lawyer: KM 2.80 Hrs X 160.00
80731 Research and investigation into
accountants who prepared tax
returns for Cleveland
Corporate for purposes of
obtaining corporate records,
reviewed LEXIS report,
property records, corporate
information and online
information. Prepared
subpoena and rider for request
of documents to Frank Neubauer
& Co., Inc. Research and
investigation into Henricksen.
Prepared subpoena and rider
for request of documents and
deposition to Henricksen.
Research and investigation
into WKR Trucking, Cleveland
Corporate's apparent only
major vendor.
reb 14/2014
Lawyer: KM 4.60 Hrs X 160.00
80188 Completed drafting subpoena
rider for documents to Frank
Neubauer, Inc.; online
research for information
related to Frank Neubauer,
Inc. to determine if it is
still in business and who may
have possession of its
records. (1.8) Drafted
subpoena 30(b) (6) rider for
Henricksen subpoena and
drafted subpoena document
request rider for Henricksen;
reviewed corporate records
(LEXIS) obtained regarding
Henricksen to try and find
links between Henricksen and
either Cleveland Corporate
Services and/or Commercial
Corporate Services.
Revised/drafted subpoena cover
letter to Henricksen advising
that upon service of the
subpoena, Henricksen should
contact MC&T to discuss the
subpoena. (1. 8) Reviewed
online records related to the
ownership of the three
vehicles reported on Cleveland
Corporate's taxes for
depreciation, i.e., 2000 Chevy
Tahoe, 2007 Denali and 2009 G30
Box Van. (. 4) Reviewed
Linkedin, Facebook and other
online records for Tim
Czeschki, who appears as owner
of the vehicles which were
taken as a deduction on
Cleveland Corporate's tax
returns--his Linkedin Page
shows him as owner of "CCS"
which could mean either
Cleveland or Commercial
Corporate Services. (.4)
;'eb 14/2014 Henricksen & Company, Inc.

Trust Activity
Rcpts
Disbs

-----------1

Balance

McJessy, Ching & Thompson, LLC
Client Ledger
ALL DATES

lar/16/2015
1ate
Entry #

80190
'eb 20/2014
80471
'eb 25/2014
80821

feb 28/2014
80903
'eb 28/2014
81024
feb 28/2014
81027
1ar
1ar
1ar

~ar

6/2014
80948
7/2014
81209
7 /2014
81705

10/2014
81233

10/2014
81489
:1ar 11/2014
81669
~1ar

:1ar 12/2014
81682

Mar 19/2014
81297
Mar 19/2014
81298
Mar 19/2014
81591

Mar 20/2014
81313
Mar 24/2014

Received From/Paid To
Explanation

Chq#
Rec#

Witness Fee - Rule 30 (b) (6)
Deposition
Billing on Invoice 8160
FEES
80.00
Lawyer: KM 0.30 Hrs X 160.00
Reviewed documents from
Illinois Secretary of State
for Cleveland Corporate
Services and Commercial
Corporate Services, showing
both business operating out of
same location--i.e., Grace
Butera's home--and Commercial
Corporate Services is owned by
Timothy Czischki. ( .2)
Prepared correspondence to N.
Lagalo I J. Libby

1-----

4304

( .1)
Expense Recovery
Photocopy Recovery
00283
Certified Reporting Co.
Court Reporter - Deposition of
4325
G. Butera - Appearance and
Transcript
Midwest Investigations
4326
Process Server recovery Service of Subpoena upon
Henricksen & Company
Chicago Regional Council of Carpe
PMT 01449
Billing on Invoice 8236
FEES
3046.00
1064.22
DIS BS
Lawyer: KM 0.20 Hrs x 160.00
Telephone call from T. McLean,
counsel for Henricksen
regarding receipt of subpoena
and additional time to respond
and likely produce information
on spreadsheets as documents
would be voluminous and hard,
expensive to locate.
Lawyer: SK 0.30 Hrs X 60.00
Prepared notice of filing of
affidavit of service of
subpoena to Henricksen & Co.
and filed same with court;
prepared correspondence to
Judge Gottschall forwarding
courtesy copy of same ..
El{pense Recovery
00284
Postage Recovery
Lawyer: KM 0.10 Hrs X 160.00
Prepared correspondence to J.
Libby regarding

General

Rcpts

-----1

Disbs

Fees

Bld 1----------- Trust Activity -----------1
Rcpts
Inv# Ace
Disbs
Balance

61. 00

8236

0.00

8160
48.00

8236

91.42

8236

826.80

8236

85.00

8236

0.00

8236

80.00

32.00

8284

18.00

8284

8284

0.69
16.00

8284

80.00

Lawyer: KM 0.50 Hrs X 160.00
Telephone call from T. McLean
regarding rescheduling of
deposition and production of
information. (.2) Prepared
correspondence to J, Libby

(. 2) Reviewed correspondence
from T. McLean confirming
conversations over
modification of documents to
be produced. ( .1)
LexisNe:ds
4340
Legal Research
LexisNexis
4340
Legal Research
Lawyer: KM 0.10 Hrs X 160.00
Reviewed correspondence from T.
McLean forwarding subpoena
response of Henricksen in the
form of Excel spreadsheets and
invoices and purchase orders.
Chicago Regional Council of Carpe
PMT 01456
Lawyer: KM 2.10 Hrs X 160.00

Page: 11

8284

47.42

8284

33. 76

8284
16.00

4110. 22

8284

rar/16/2015
•ate
Entry #

Received From/Paid To
Explanation

81389

Reviewed records produced by
Henricksen and compared
spreadsheets and invoices to
determine if the different
spreadsheets of information
produced by Henricksen match
or whether documents are
missing. Confer withs.
Keating to

lar 24/2014
81399

Chq#
Rec#

McJessy, Ching & Thompson, LLC
Client Ledger
ALL DATES
1----- General -----1
Rep ts
Disbs
Fees

Lawyer: SK 1. 20 Hrs X 60. 00
Confer with K. McJessy and

Page: 12

1-----------

Bld
Inv# Ace

336.00

8284

72. 00

8284

64.00

8284

48.00

8284

168.00

8284

~.

!ar 25/2014
81393

Lawyer: KM 0.40 Hrs X 160.00
Prepared correspondence to N.
Lagalo

(.2)
Lawyer: SK 0.80 Hrs X 60.00
Further review of invoice
listing spreadsheet and vendor
purchase order list to compare
whether transactions balance
or not.
1ar 26/2014 Lawyer: SK 2.80 Hrs x 60.00
81410 Further review and comparison
of invoice listing excel
report and vendor history
e;:cel report to discover
unreported or missing
transactions.
1ar 27/2014 Capital One Services
Illinois Secretary of State 81423
client - Commerical Corporate
Svcs Articles of Incorporation
1ar 27/2014 Capital One Services
81424 Illinois Secretary of State client - Cleveland Corporate
Articles of Incorporation,
2007 Annual Report, 2012
Annual Report
1ar 31/2014 Expense Recovery
81497
Photocopy Recovery
1ar 31/2014 US Messenger & Logistics
81539 Courier Recovery
!\.pr 1/2014 Lawyer: KM 0.60 Hrs X 160.00
82176 Reviewed spreadsheets of
information provided by
Henricksen in response to
subpoena and comparison notes
prepared by S. Keating.
Prepared correspondence to T.
McLean regarding request to
talk and detailing differences
between spreadsheets and
possible missing information
or inconsistencies.
!\.pr 4/2014 Lawyer: KM 0.10 Hrs X 160.00
Reviewed correspondence from T.
82214
McLean regarding follow up on
KPM correspondence of 4/1/14
regarding questions raised
about documents produced.
!\.pr 8/2014 Lawyer: KM 0.30 Hrs X 160.00
82229 Reviewed correspondence from T.
McLean explaining issues with
respect to spreadsheets
prepared and produced by
Henricksen. Prepared
correspondence to T. McLean
regarding date and time for
deposition. Reviewed
correspondence from T. McLean
responding to same.
!\.pr 10/2014 Billing on Invoice 8284

1ar 25/2014
81400

4346

27.50

8284

4346

77.50

8284

00285

2 .40

8284

4350

14.60

8284
96.00

8352

16.00

8352

48.00

8352

Trust Activity
Rcpts
Disbs

-----------1

Balance

:ar/16/2015
iate

Entry #
81902
,pr 16/2014
81955
.pr 21/2014
81980
.pr 22/2014
82295

.pr 24/2014
82115
.pr 24/2014
82316

Received From/Paid To
Explanation

Chq#
Rec#

850.00
FEES
DISBS
203.87
LexisNexis
Legal Research
4360
Chicago Regional Council of Carpe
PMT 01464
Lawyer: KM 0.20 Hrs X 160.00
Telephone call to T. McLean
seeking to schedule deposition
in Cleveland Corporate matter;
prepared correspondence to T.
McLean regarding same.
Expense Recovery
Postage Recovery
00287
Lawyer: KM 0.10 Hrs X 160.00
Reviewed and responded to
correspondence from T. McLean
confirming deposition for
4/14/14. Prepared
correspondence to J. Libby

cpr 30/2014
82090
cpr 30/2014
82374
lay 9/2014
82750

Expense Recovery
Photocopy Recovery
PACEr
PACR
KM 0.10 Hrs X 160.00
J.

lay 14/2014
82792

McJessy, Ching & Thompson, LLC
Client Ledger
ALL DATES
General
Rep ts
Disbs
Fees

-----1

Bld
Inv# Ace

0.00

8284

21. 94

1-----

8352

1ay 19/2014
82521
1ay 27 /2014
82884

1ay 28/2014
82893

•P

1-----------

1053.87
32.00

8352

8352

0.96
16.00

Lawyer: KM 7.70 Hrs X 160.00
Prepared for deposition of T.
Osborn, CFO for Henricksen
and gathered exhibits for
deposition. (2.0) Travel
to/from Naperville and
conducted deposition of T.
Osborn. (5. 7)
Lawyer: KM 0.30 Hrs X 160.00
Reviewed correspondence from N.
Lagalo
; reviewed
attachments. (.1) Telephone
call·· with J. Libbi· rerrding

lay 15/2014
82800

Page: 13

8352

00286

o. 72

8352

4370

0.40

8352
16.00

8444

1232.00

8444

48.00

8444

12

(.1) \e!ewei
correspondence from T. McLean
forwarding FEIN's for
Cleveland Corporate and
Commercial Corporate. {.1)
Bi+ling on Invoice 8352
FEES
208.00
DISBS
24.02
Lawyer: KM 2.40 Hrs X 160.00
LEXIS research and reviewed
case authority regarding
whether the federal courts
have jurisdiction over claims
against business owners for
fraudulent conveyance and for
piercing the corporate veil
under section 502 of ERISA or
section 301 of Taft-Hartley
Act in case where judgment has
already been entered against
the signatory employer,
generally no but exceptions
apply; reviewed decisions in
Peacock v. Thomas, NECA IBEW
v. Ernie, Flynn v. Greg
Anthony Construction,
Southward v. South Central and
Railroad Maintenance v. Kelly
Railroad, Hudson Carpenters v.
VSR Construction, Board of
Trustees v. Universal
Enterprises, etc.
Lawyer: KM 2.30 Hrs X 160.00
Completed additional research
on Trust Funds' claims and
court jurisdiction, reviewed
Central States Pension Fund,
Caliber Auto Expense
decisions. Started drafting
complaint against Commercial
Corporate Services, Czischki
and Butera for piercing the
corporate veil, fraudulent

o.oo

8352
384.00

8444

368.00

8444

Trust Activity
Rep ts
Disbs

-----------1

Balance

Mar/16/2015
Date
Entry #
May 30/2014
82904

May 31/2014
82625
May 31/2014
82907
Jun
Jun
Jun

6/2014
82917
9/2014
83168
9/2014
83803

Chq#
Rec#

Received From/Paid To
Explanation

McJessy, Ching & Thompson, LLC
Client Ledger
ALL DATES
General
Rep ts
Disbs
Fees

1-----

-----1

conveyance and alter-ego.
Lawyer: KM 4.50 Hrs X 160.00
Completed drafting complaint
against Commercial Corporate,
Czischki and Butera for alter
ego, fraudulent conveyance and
the corporate veil.
correspondence to J.

720. 00

Expense Recovery
00288
Photocopy Recovery
Certified Reporting Co.
4394
Court Reporter - Deposition of
Henricksen & Co. - Appearance
Chicago Regional Council of Carpe
01476
PMT Billing on Invoice 8444
FEES
2768. 00
249.40
DIS BS
Lawyer: KM 6.70 Hrs x 160.00
Reviewed Illinois case
authority on piercing
corporate veil and revised
draft complaint against
Butera, Czischki and
Commercial Corporate. Edited
and revised complaint and
filled in all fraudulent cash
transfers; reviewed bank
records as necessary to fill
in bank transfers. Telephone
call with J. Libby regarding

Page: 14

1-----------

Bld
Inv# Ace

8444

74.40

8444

175.00

8444

0.00

8444

232.02

1072. 00

8493

512.00

8493

16.00

8493

42.00

8493

80.00

8493

16.00

8493

18.00

8493

3.20 Hrs X 160.00

Jun 10/2014
83802

a
Jun 12/2014
83676
Jun 16/2014
83224

Jun 16/2014
83805

Jun 17/2014
83698
Jun 18/2014
83272

Jun 19/2014
83258
Jun 19/2014
83259
Jun 19/2014
83273

160.00
to
Libby
Lawyer: SK 0.70 Hrs X 60.00
Prepared civil cover sheet, K.
McJessy appearance, summons to
Commercial Corporate, summons
to River Front Chrysler Jeep,
summons to T. Czischki and
summons to G. Butera (.4);
filed complaint, civil cover
sheet and appearance with
court { .3).
Lawyer: KM 0.50 Hrs X 160.00
Final review and edits to
complaint; review of documents
attendant to complaint prior to
filing.
Lawyer: KM 0.10 Hrs X 160.00
Reviewed ECF court order
assigning judge and magistrate.
Lawyer: SK 0.30 Hrs X 60.00
Reviewed ECF notice re: judges'
assignments and completed
summons to the 4 defendants;
prepared email correspondence
to court clerk forwarding
sununonses for issuance;
prepared email correspondence
to J. Libby and J. Conklin
LexisNexis
Legal Research
LexisNexis
Legal Research
Lawyer: SK 0.20 Hrs X 60.00
Reviewed ECF notice and
summonses issued to 4
defendants; confer with and
prepared email correspondence
to process server forwarding
summonses and complaint for

4401

94. 95

8493

4401

10.95

8493
12.00

service.

Jun 20/2014
83298

Chicago Regional Council of Carpe
PMT 01486

3017.40

8493

Trust Activity
Disbs
Rep ts

-----------1

Balance

McJessy, Ching & Thompson, LLC
Client Ledger
ALL DATES
late
Received From/Paid To
Chq#
1----- General -----1
Fees
~-=:E~n~t~ry""-~#,___:;E~xp"'-"l~a~n~a~t~i~o~n'----~~~~~~~~~~~-R~e~c~#~~~-R_c~pLt_s~.
Disbs
run 20/2014 Lawyer: KM 0.30 Hrs X 160.00
83722 Telephone call with G. Wilcox,
48.00
represents River Front
Chrysler Jeep, regarding
introduction, possible defense
to claim, G. Butera bought a
car, he will obtain documents
and forward, car was titled to
Grazia Butera. (.2) Reviewed
ECF court order of Judge Lee
setting initial status hearing
for 7/31/14.
Jun 23/2014 Lawyer: JS 4.60 Hrs X 160.00
736.00
83526 Research on officer buying car
with corporation funds and
titling car to self when
leaving corporation insolvent;
voidability of same pursuant to
Illinois' Fraudulent Transfer
Act; expansion of research to
personal items, generally, and
then cars as to all states,
rather than just Illinois.
Jun 23/2014 Lawyer: KM 1.20 Hrs X 160.00
192.00
83729 Reviewed documents produced by
Gary Wilcox regarding purchase
of car by Grazia Butera using
funds from Cleveland
with J.

1ar/16/2015

Jun 24/2014
83324

Jun 24/2014
83737

Jun 25/2014
83353

Jun 25/2014
83806

Reviewed
case authority regarding
whether car dealership can
assert defense to claim for
fraudulent transfer including
Cafaro, Ewen, Glaubitz, Bonded
Financial, Krol, Field
decisions.
Lawyer: SK 0.30 Hrs X 60.00
Reviewed process server's
affidavit of service of
summons and complaint upon
defendant T. Czischki and
filed same with court;
prepared correspondence to
Judge Lee forwarding courtesy
copy of same.
Lawyer: KM 0.10 Hrs X 160.00
Telephone call with G. Wilcox
regarding receipt of
documents, will discuss with
client as to appropriate
action.
Lawyer: SK 0.20 Hrs X 60.00
Telephone conferences with
court reporters for Judge
Gottschall and Judge Wood and
prepared online order form for
court transcripts for hearing
held on 2/5/13, 2/19/13,
2/28/13, 4/3/13, 5/1/13,
6/10/13 and 6/19/13.
Lawyer: KM 2.50 Hrs X 160.00
Reviewed documents from G.
Wilcox. Prepared
correspondence to J. Libby

re-reviewed court
ecision in Palonia and
documents from G. Wilcox as
necessary to prepare
recommendation. (2.0)
Telephone call with J. Libby
regarding

notice
of voluntary
Prepared correspondence to G.

Page: 15

1-----------

Bld
Inv# Ace
8493

8493

8493

18.00

8493

16.00

8493

12.00

8493

400.00

8493

Trust Activity
Rcpts
Disbs

-----------1

Balance

Mar/16/2015
Date
Entry

Jun

Jun

Jun
Jun

Jun
Jul

Jul

Jul
Jul
Jul
Jul
Jul
Jul
Jul
Jul
Jul

Jul

Jul

#

McJessy, Ching & Thompson, LLC
client Ledger
ALL DATES
Received From/Paid To
Explanation

Wilcox forwarding notice of
voluntary dismissal. ( .5)
26/2014 Midwest Investigations
83378
Process Server recovery Service of Summons and
Complaint on River Front
Chrysler Jeep Inc.
26/2014 Midwest Investigations
83379 Process Server recovery Service of Summons and
Complaint on Timothy Czischki
26/2014 Certified Reporting Co.
83381 Court Reporter - Deposition of
Henricksen & Co. - Transcript
26/2014 Lawyer: KM 0.10 Hrs X 160.00
83391 Reviewed correspondence from G.
Wilcox affirming receipt of
notice of voluntary dismissal.
30/2014 Expense Recovery
Photocopy Recovery
83474
1/2014 Lawyer: SK 0.10 Hrs x 60.00
83419 Call to process server
regarding status of service of
defendant Commercial Corp.
Services and defendant Butera.
10/2014 Lawyer: SK 0.10 Hrs X 60.00
83533 Confer with process server re:
T. Czischki and G. Butera
avoiding service but attempts
will continue.
11/2014 Expense Recovery
Postage Recovery
84067
17/2014 Capital One Services
Filing Fee
83615
17/2014 Le::isNexis
83621 Legal Research 17/2014 LexisNexis
Legal Research 83622
17/2014 US Messenger & Logistics
83638 Courier Recovery
17 /2014 US Messenger & Logistics
83640 Courier Recovery
17/2014 US Messenger & Logistics
83642 Courier Recovery
18/2014 Billing on Invoice 8493
FEES
3206.00
83819
DIS BS
573.92
18/2014 Lawyer: KM 0.40 Hrs x 160.00
84432 Reviewed correspondence from
counsel for T. Czischki
regarding bankruptcy and
release of T. Czischki from
lawsuit. Prepared
correspondence to B.
scalambrino, Trust Funds'
bankruptcy counsel, forwarding
same for assessment.
21/2014 Lawyer: SK 0.40 Hrs X 60.00
84000 Teleconferences with process
server and K. McJessy
regarding service of summons
and complaint on defendants
and attorney appearance of
defendants individually;
prepared email correspondence
to process server regarding
same; filed affidavit of
service upon Commercial
Corporate with court; filed
affidavit of service upon G.
Butera with court; prepared
correspondence to Judge Lee
forwarding courtesy copies of
same.
21/2014 Lawyer: KM 0.30 Hrs X 160.00
84434 Telephone call with B.
Scalambrino regarding T.
Czischki's bankruptcy (.1).
Confer with S. Keating

Jul 25/2014
84342
Jul 31/2014

Telephone call with D. Herzog
regarding response to his
letter of July 18th, will
follow up after July 30th ( .1).
Lawyer: KM 0.30 Hrs X 160.00
Reviewed transcripts of
proceedings obtained from the
Cleveland Corporate hearings.
Colette Kuemmeth, CSR, RMR

Chq#
Rec#

1-----

Rep ts

General

Page: 16

-----1

Disbs

Fees

Bld 1----------- Trust Activity -----------1
Inv# Ace
Rep ts
Disbs
Balance

4410

85.00

8493

4410

85.00

8493

4411

285.90

8493
16.00

00290

12.12

8493

8493
6.00

8560

6.00

8560

00292

0.48

4424

400.00

8560
8560

4425

50.43

8560

4425

135.75

8560

4427

17.71

8560

4427

14.60

8560

4427

14.60

8560

0.00

8493
64.00

8560

24.00

8560

48.00

8560

48.00

8560

Mar/16/2015
Date
Ent:i:;y #
84037

Jul 31/2014
84079
Jul 31/2014
84114

Jul 31/2014
84122
Aug 14/2014
84927

Aug 15/2014
84400

Aug 15/2014
84409

Aug 15/2014
84477
Aug 19/2014
84593
Aug 20/2014
84668

Aug 22/2014
84915

Received From/Paid To
Explanation

Rec#

4435
Court Reporter - Court
Transcripts 2/5/13, 2/19/13,
2/27/13, 4/3/13, 5/1/13,
6/19/13
Expense Recovery
Photocopy Recovery
00293
Midwest Investigations
4439
Process Server recovery Service of summons and
complaint upon Commercial
Corporate, G. Butera, T.
Czischki (personal) with stake
out time
US Messenger & Logistics
4440
Courier Recovery
Lawyer: KM 0.80 Hrs X 160.00
Prepared initial status report
to Court; reviewed court's
standing order for form of
initial status report.
Lawyer: SK 0.20 Hrs X 60.00
Filed status report with court
and prepared correspondence to
Judge Lee forwarding courtesy
copy of same.
Lawyer: KM 0.30 Hrs x 160.00
Reviewed correspondence from D.
Herzog regarding bankruptcy of
Grazia Butera and review of
status report. ( .1) Reviewed
correspondence from D. Herzog
regarding approval of status
report provided that notation
of bankruptcy filing of Butera
is included. ( .1) Made minor
revisions to status report and
arranged with s. Keating to
file same with Court. ( .1)
Billing on Invoice 8560
FEES
196.00
DISBS
1007.89
Chicago Regional Council of Carpe
01510
PMT Lawyer: KM 1.10 Hrs X 160.00
Appeared in court for status
hearing on answers of
defendants, court advised of
bankruptcy filing of G. Butera
and prior filing of T.
Czischki, case stayed for 30
days. Reviewed ECF Court
order of Judge Lee setting
hearing for 9/30/14 and all
matters stayed until then.
Lawyer: KM 0.40 Hrs X 160.00
Reviewed notice of First
Meeting of Creditors for G.
Butera bankruptcy. Prepared
correspondence to J. Libby and
B. Scalambrino

I

Aug 29/2014
84718
Aug 31/2014
84766
Sep 5/2014
85459

Chq#

McJessy, Ching & Thompson, LLC
Client Ledger
ALL DATES
General
Rcpts
Disbs
Fees

1-----

-----1

Page: 17

1-----------

Bld
Inv# Ace

116.80

8560

21.60

8560

220.00

8560

15.92

8560
128.00

8614

12.00

8614

48.00

8614

8560

0.00
3779.92
176.00

8614

64.00

8614

.....

01518
Expense Recovery
Photocopy Recovery
Lawyer: KM 1.20 Hrs X 160.00
Reviewed correspondence from B.
Seal
regarding m q

correspondence to
Scalambrino copied to C. Muniz
and J. Libby and J. Conklin

documents to prepare responses

00294

1203.89
4.56

8614
192.00

8677

Trust Activity
Rep ts
Disbs

-----------1

Balance

McJessy, Ching & Thompson, LLC
Client Ledger
ALL DATES

Aar/16/2015
)ate
Entry

#

Received From/Paid To
Explanation

Chq#

1-----

Rec#

Rcpts

General

Page: 18

-----1
Disbs

Fees

1-----------

Bld
Inv# Ace

to B. Scalambrino and to
forward documents. Reviewed
and responded to
correspondence from B.
Scalambrino
3ep

8/2014
85631

Lawyer: KM 1.10 Hrs X 160. 00
Telephone call with J. Libby

=

176.00

8677

g.

recommended that someone from
Bruce Scalambrino's office
attend the creditors meeting
and advised J. Libby will
Re'<i'ie)ied correspondence from
J; Libby to B. Scalambrino

. .. . . . .
.
Reviewed
correspondence from C. Muniz
advising J. Libby that
Reviewed file materials,
correspondence and documents
for WESTLAW and LEXIS reports.
Prepared corresponden,ce to C.
Mun:i.~e

3ep 12/2014
85473

Lawyer: KM 0.20 Hrs X 160.00
Reviewed correspondence from C.
Muniz regarding

•

2

32.00

8677

lidlliz.

Reviewed correspondence from
B. Scalambrino
Prepared
correspondence to J. Libby and
B. Scalambrino
j
9 l

3ep 16/2014
85016
3ep 23/2014
85577

Billing on Invoice 8614
428.00
FEES
DISBS
4.56
Lawyer: KM 0.30 Hrs x 160.00
Reviewed correspondence from c.
Muniz

48.00

3ep 30/2014
85374
)ct 6/2014
85324

US Messenger & Logistics
Courier Recovery
4480
US Messenger & Logistics
4490
Courier Recovery
Lawyer: KM 1.50 Hrs X 160.00
Appeared in court before Judge
Lee regarding status of
bankruptcy; case continued to
early December.
Expense Recovery
00297
Photocopy Recovery
Chicago Regional Council of Carpe
01524
PMT -

8677

18.00

8677

48.00

'11111111111111 reviewed
schedules.
3ep 24/2014 Lawyer: SK 0.30 Hrs X 60.00
85189 Filed notice of voluntary
dismissal as to T. Czischki
with court; prepared
correspondence to Judge Lee
forwarding courtesy copy of
same.
3ep 24/2014 Lawyer: KM 0.30 Hrs X 160.00
Prepared notice of voluntary
85585
dismissal of claim against T.
Czischki. Prepared
correspondence to J. Libby
3ep 26/2014
85195
3ep 30/2014
85261
3ep 30/2014
85301

8614

0.00

8677

14.60

8677

14.60

8677
240.00

0.72
432.56

8677

8677

Trust Activity
Rcpts
Disbs

-----------1

Balance

1ar/16/2015
late
Entry #

Received From/Paid To
Explanation

)ct

McJessy, Ching & Thompson, LLC
Client Ledger
ALL DATES
1----- General -----1
Rcpts
Disbs
Fees

Lawyer: KM 1. 40 Hrs X 160. 00
Reviewed correspondence from C.
Muniz

8/2014
85318

let 10/2014
86068

)ct 20/2014
85659
let 30/2014
85873
<ov 14/2014
86224
<ov 14/2014
86294
<ov 21/2014
86472
lee 4/2014
87366

Jee

9/2014
87018
ran 20/2015
87541
feb 4 /2015
87791

feb

feb

4/2015
87814

5/2015
87813

feb 10/2015
87835
feb 17/2015
88133
feb 28/2015
88425
feb 28/2015
88546
1ar 12/2015
88587

Chq#
Rec#

Page: 19

1-----------

Bld
Inv# Ace

224.00

briefly reviewed motion.
Billing on Invoice 8677
FEES
754.00
DISBS
29.92
PAC Er
PACR
4509
Chicago Regional Council of Carpe
PMT 01537
Billing on Invoice 8741
FEES
240.00
DISBS
9.40
Chicago Regional Council of Carpe
PMT 01540
Lawyer: KM 1.30 Hrs X 160.00
Appeared in court for hearing
before Judge Lee regarding
bankruptcy and stay
proceedings. Reviewed ECF
court order of Judge Lee
confirming neJ<t hearing date
set for 2/5/15.
Billing on Invoice 8813

8677

9.40

8741

0.00

8741

783.92

249.40
208.00

8876

0.00

8813

o.oo

8876
24.00

256.00

208.00

208.00
0.00

00308
4624

CHE
10.20
10.20

+ RECOV

10.20
24.00

rTRM TOTAL
?ERIOD
"ND DATE

CHE
10.20
10.20

+ RECOV

I
t

FEES
512.00
512.00

TOTAL
525.20
525.20

DISBS
4064.22
4064.22

t

FEES
512.00
512.00

TOTAL
525.20
525.20

DIS BS
4064.22
4064.22

3.00
3.00
UNBILLED
3.00
3.00

<EPORT SELECTIONS - Client Ledger
~ayout Template

8942

3.00

UNBILLED
roTALS
?ERIOD
"ND DATE

Balance

8741

0.00

Billing on Invoice 8876
FEES
208.00
Lawyer: SK 0.40 Hrs X 60.00
Prepared notice of motion for
CRCC motion to lift stay;
filed notice and motion to
lift stay with court.
Lawyer: KM 1. 60 Hrs X 160. 00
LEXIS research on applicability
of stay to parties other than
debtor and motion to lift
stay. (.8) Drafted motion to
lift bankruptcy stay. (.8)
Lawyer: KM 1. 30 Hrs X 160. 00
Appeared in court for hearing
on status of bankruptcy and
presented motion to lift
bankruptcy stay as to
defendant Commercial Corporate
Services.
Chicago Regional Council of Carpe
PMT 01571
Billing on Invoice 8942
El<pense Recovery
Photocopy Recovery
LexisNexis
Legal Research - January,
February 2015
Lawyer: SK 0.40 Hrs X 60.00
Prepared attorney appearance
for J. Sopata and filed same
electronically with court;
prepared correspondence to
Judge Lee's deputy forwarding
courtesy copy of same.

-----------1

8741

16.00

Edited and revised requests
and prepared notes on issues
in litigation that may prompt
additional requests; reviewed
prior correspondence and
documents related to
Commercial litigation and
Cleveland litigation to form
document requests.
Lawyer: KM 0.10 Hrs X 160.00
Reviewed correspondence from C.
Muniz

Trust Activity
Rcpts
Disbs

BILLED
FEES
16610.00
16610.00
t

I

+ TAX
0.00
0.00

RECEIPTS
20674.22
20674.22

Default

16610.00
16610.00

I--

BALANCES
A/R
0.00
0.00

RECEIPTS
20674.22
20674.22

BILLED

+ FEES

1--

I

+ TAX
0.00
0.00

=

--1
TRUST
0.00
0.00

BALANCES
A/R
0.00
0.00

--1
TRUST
0.00
0.00

14 CV 04513

Exhibit D

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
CHICAGO REGIONAL COUNCIL OF
CARPENTERS PENSION FUND, et al.,
Plaintiffs,

v.
COMMERCIAL CORPORATE SERVICES,
INC., et al.,
Defendants.

)
)
)
)
)
)
)
)
)
)

14 CV 04513
Judge John Z. Lee

FINAL JUDGMENT

Pursuant to Federal Rules of Civil Procedure 54,55 and 58, a final judgment is hereby
entered in favor of the Chicago Regional Council of Carpenters Pension Fund et al. ("Trust
Funds") and against defendant Commercial Corporate Services, Inc. in the amount of $93,590.79
as follows:

A.

$51,437.78 in unpaid contributions;

B.

$2,736.00 for auditor's fees incurred by the Trust Funds to complete the audit;

C.

$5,930.04 in interest;

D.

$12,287.55 in liquidated damages; and

E.

$21,199.42 in reasonable attorneys' fees and costs the Trust Funds incurred in this
action.

The Trust Funds shall also recover reasonable attorney' fees and costs incurred by the Trust
Funds in enforcing this order and any such further relief as this Court deems appropriate.

Date

Judge John Z. Lee