Carpenters Fringe Benefit Funds Of Illinois et al v. Maxim Construction Corporation, Inc.

Filing 12

MOTION by Plaintiffs Angelica B Ambrose, Carpenters Fringe Benefit Funds Of Illinois for judgment (Scanlon, Cecilia)

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

CARPENTERS FRINGE BENEFIT
FUNDS OF ILLINOIS, et al.,
Plaintiffs,
vs.
MAXIM CONSTRUCTION CORPORATION, INC., an Illinois corporation,
Defendant.

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CIVIL ACTION
NO. 14 C 5235
JUDGE MATTHEW F. KENNELLY

MOTION FOR ENTRY OF JUDGMENT
Plaintiffs, by and through their attorneys, default having been entered against the Defendant
on September 16, 2014, request this Court enter judgment against Defendant, MAXIM CONSTRUCTION CORPORATION, INC., an Illinois corporation. In support of that Motion, Plaintiffs
state:
1.

On September 16, 2014, this Court entered default against Defendant and granted

Plaintiffs’ request for an order directing Defendant to submit its monthly fringe benefit contribution
reports for the time period July 2014 forward. The Court also entered an order that judgment would
be entered after Defendant submitted the required reports and Plaintiffs determined the amount due
and owing from Defendant.
2.

Defendant submitted its monthly fringe benefit contribution reports for July and

August 2014 indicating “no work.” Defendant previously submitted its fringe benefit contribution
reports for January 2014 through May 2014 indicating Defendant owed $18,007.39 in contributions
to the Plaintiff Funds. (See Affidavit of Deborah L. French).

3.

Additionally, the amount of $1,800.74 is due for liquidated damages. (French Aff.

4.

Defendant owes a liquidated damages surcharge in the amount of one and one-half

Par. 5).

(1.5%) percent of the total contributions untimely received, compounded monthly at one and onehalf (1.5%) percent, for the period accrued through August 31, 2014, in the total amount of $273.10.
5.

Defendant remitted two payments totaling $18,007.39 toward the contributions due

and owing (French Aff. Par. 6).
6.

In addition, Plaintiffs’ firm has expended the amount of $1,255.00 in attorneys’ fees

and $495.00 in costs, for a total of $1,750.00, in this matter. (See Affidavit of Catherine M.
Chapman).
7.

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

total amount of $3,823.84.
WHEREFORE, Plaintiffs respectfully request this Court to enter judgment in the amount of
$3,823.84.

/s/ Cecilia M. Scanlon
Cecilia M. Scanlon
Attorney for Plaintiffs
BAUM SIGMAN AUERBACH & NEUMAN, LTD.
200 West Adams Street, Suite 2200
Chicago, IL 60606-5231
Bar No.: 6288574
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
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CERTIFICATE OF SERVICE
The undersigned, an attorney of record, hereby certifies that she electronically filed the
foregoing document (Notice of Motion) with the Clerk of Court using the CM/ECF system, and
further certifies that I have mailed the above-referenced document by United States Mail to the
following non-CM/ECF participant on or before the hour of 5:00 p.m. this 14th day of October 2014:
Mr. Daniel W. Sjong, Registered Agent
Maxim Construction Corporation, Inc.
31632 N. Ellis Drive, #111
Volo, IL 60073

/s/ Cecilia M. Scanlon

Cecilia M. Scanlon
Attorney for Plaintiffs
BAUM SIGMAN AUERBACH & NEUMAN, LTD.
200 West Adams Street, Suite 2200
Chicago, IL 60606-5231
Bar No.: 6288574
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
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