Carpenters Pension Fund of Illinois et al v. Kurtz et al

Filing 31

MOTION by Plaintiffs Carpenters Pension Fund of Illinois, Carpenters Retirement Savings Fund of Illinois for judgment (Ryan, Patrick)

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

CARPENTERS PENSION FUND OF
ILLINOIS, et al.,
Plaintiffs,
vs.
DAVID KURTZ, individually and d/b/a
LANGELAND CONSTRUCTION CO.,
a/k/a W.C. LANGELAND & CO., INC.,
KIMBERLY KURTZ, individually and
d/b/a LANGELAND CONSTRUCTION
CO., a/k/a W.C. LANGELAND & CO.,
INC.,
Defendants.

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CIVIL ACTION
NO. 14 C 7019
JUDGE JOAN B. GOTTSCHALL

MOTION FOR ENTRY OF JUDGMENT
Plaintiffs, by and through their attorneys, default having been entered against the Defendants
on December 2, 2014, request this Court enter judgment against Defendants, David Kurtz,
individually and d/b/a Langeland Construction Co., a/k/a W.C. Langeland & Co., Inc. and Kimberly
Kurtz, individually and d/b/a Langeland Construction Co., a/k/a W.C. Langeland & Co., Inc. In
support of that Motion, Plaintiffs state:
1.

On December 2, 2014, this Court entered default against Defendants and granted

Plaintiffs’ request for an order directing an audit of the Defendants’ payroll books and records. The
Court also entered an order that judgment would be entered after the completion of the audit.

2.

On or about December 17, 2015, Plaintiffs’ auditors issued the completed audit

report. The audit findings showed that the Defendants were not delinquent in contributions to the
Funds. (See Affidavit of Deborah L. French).
3.

Plaintiffs' auditing firm of Bansley and Kiener, L.L.P. charged Plaintiffs $767.70 to

perform the audit examination and complete the report (French Aff. Par. 6).
4.

In addition, Plaintiffs’ firm has expended the total amount of $3,558.75 in attorneys’

fees and $645.00 in court costs, for a total of $4,203.75, in this matter. (See Affidavit of Catherine
M. Chapman).
5.

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

total amount of $4,971.45.
WHEREFORE, Plaintiffs respectfully request this Court to enter judgment in the amount of
$4,971.45.

/s/ Patrick N. Ryan

Patrick N. Ryan
Attorney for Plaintiffs
BAUM SIGMAN AUERBACH & NEUMAN, LTD.
200 West Adams Street, Suite 2200
Chicago, IL 60606-5231
Bar No.: 6278364
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
I:\CarpsJ\Langeland\#25601\motion-judgment.pnr.df.wpd

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CERTIFICATE OF SERVICE
The undersigned, an attorney of record, hereby certifies that he electronically filed the
foregoing document (Motion for Entry of Judgment) with the Clerk of Court using the CM/ECF
system, and further certifies that I have mailed the above-referenced document by United States Mail
to the following non-CM/ECF participants on or before the hour of 5:00 p.m. this 29th day of
December 2015:
Mr. David Kurtz
202 Heritage
Minooka, IL 60447

Ms. Kimberly Kurtz
202 Heritage
Minooka, IL 60447

/s/ Patrick N. Ryan

Patrick N. Ryan
Attorney for Plaintiffs
BAUM SIGMAN AUERBACH & NEUMAN, LTD.
200 West Adams Street, Suite 2200
Chicago, IL 60606-5231
Bar No.: 6278364
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
I:\CarpsJ\Langeland\#25601\motion-judgment.pnr.df.wpd