Chicago Area Joint Welfare Committee for the Pointing, Cleaining and Caulking Industry, Local 52 et al v. Suave's Tuckpointing Corporation

Filing 11

MOTION by Plaintiffs Chicago Area Joint Welfare Committee for the Pointing, Cleaining and Caulking Industry, Local 52, Terry Rocco, Tuckpointers Local 52 Defined Contribution Annuity Trust Fund, Tuckpointers Local 52 Pension Plan for judgment (Ryan, Patrick)

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

CHICAGO AREA JOINT WELFARE
COMMITTEE FOR THE POINTING,
CLEANING AND CAULKING
INDUSTRY, LOCAL 52, et al.,

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)
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Plaintiffs,
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v.
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SUAVE’S TUCKPOINTING CORPORA- )
TION, an Illinois corporation,
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)
Defendant.
)

CIVIL ACTION
NO. 14 C 9049
JUDGE MANISH S. SHAH

MOTION FOR ENTRY OF JUDGMENT
Plaintiffs, by and through their attorneys, default having been entered against the Defendant
on March 12, 2015, request this Court enter judgment against Defendant, SUAVE’S TUCKPOINTING CORPORATION, an Illinois corporation. In support of that Motion, Plaintiffs state:
1.

On March 12, 2015, this Court entered default against Defendant and granted

Plaintiffs’ request for an order directing the Defendant to submit its monthly fringe benefit
contribution reports for the time period January 2014 forward and for entry of judgment after
Plaintiffs determined the amounts due and owing from Defendant.
2.

Plaintiffs’ auditors previously conducted an audit of the Defendant’s payroll books

and records for the time period January 1, 2009 through May 31, 2012. The audit findings show that
the Defendant is delinquent in contributions to the Funds in the amount of $51,603.45. (See
Affidavit of Terry Rocco).

3.

Additionally, the amount of $10,320.70 is due for liquidated damages and $6,359.67

is due for interest. (Rocco Aff. Par. 7).
4.

Defendant submitted a monthly fringe benefit contribution report for October 2011,

and made partial payments, but still owes contributions of $2,055.66 plus liquidated damages of
$411.14 and interest of $228.26.
5.

Plaintiffs’ firm has expended $655.00 in costs and $1,081.50 in attorneys’ fees in this

matter. (See Affidavit of Catherine M. Chapman).
6.

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

total amount of $72,715.38.
WHEREFORE, Plaintiffs respectfully request this Court to enter judgment in the amount of
$72,715.38.

/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]
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2

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 participant on or before the hour of 5:00 p.m. this 2nd day of April
2015:
Romelia Razon, Registered Agent
Suave’s Tuckpointing Corporation
2221 S. Austin
Cicero, IL 60804

Mr. Felipe Razon, President
Suave’s Tuckpointing Corporation
2218 S. 59th Street
Cicero, IL 60804

Mr. Felipe Razon, President
Suave’s Tuckpointing Corporation
2221 S. Austin
Cicero, IL 60804

/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]
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