Chicago Regional Council of Carpenters Pension Fund et al v. Precision Fixture Installation, Inc.

Filing 9

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 Entry of Judgment by Default (McJessy, Kevin)

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

15 CV 4942

v.
Judge St. Eve
PRECISION FIXTURE INSTALLATION,
INC., an Ohio corporation,
Defendant.

PLAINTIFFS' MOTION FOR ENTRY OF JUDGMENT BY DEFAULT

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 Rule of Civil Procedure 55 to enter a judgment by default against
PRECISION FIXTURE INSTALLATION, INC., an Ohio corporation ("Defendant"). In support
of their motion, Trust Funds state as follows:
COMPLAINT

1.

The Trust Funds filed a complaint against Defendant under the Employee

Retirement Income Security Act ("ERISA") for production of books and records from Defendant
for an audit of its fringe benefit contributions due and payment of any and all unpaid fringe
benefit contributions, interest, liquidated damages, auditors' fees, and attorneys' fees and costs
owed by Defendant pursuant to the terms of a collective bargaining agreement and applicable
trust agreements.
2.

On June 17, 2015, Defendant was served with a copy of the summons and

complaint. A copy of the Return of Service was filed with the U.S. Clerk of Court on June 25,

2015. See Affidavit of Service, Docket Report Document No. 5. Defendant has failed to answer
or appear.
3.

This Court should enter a judgment by default against the Defendant pursuant to

Federal Rule of Civil Procedure 55(a) because the Defendant has failed to answer or otherwise
plead.
AUDIT FINDINGS

4.

Defendant is signatory to the collective bargaining agreement with the Chicago &

Northeast Illinois Regional Council of Carpenters. See Deel. of J. Libby if3, Exhibit A.
5.

Pursuant to the Agreement and ERIS A, Defendant is required to pay fringe

benefit contributions to the Trust Funds for work performed by Defendant's employees and nonunion subcontractors performing work falling within the jurisdiction of the Union. See Deel. of
J. Libby if4, Exhibit A; 29 U.S.C. §1132.
6.

Pursuant to the Agreement and ERISA, Defendant must 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. See Deel. of J. Libby if5, Exhibit A; 29 U.S.C. §1059.
7.

The Trust Funds engaged Legacy Professionals, LLP ("Legacy") to conduct an

audit of Defendant's fringe benefit contributions to the Trust Funds for the period January 1,
2013 through June 30, 2014 ("Audit Period"). See Deel. of J. Libby if6, Exhibit A.
8.

Defendant provided documents to Legacy sufficient for completion of an audit for

the Audit Period. After completing the audit, Legacy prepared an audit report of Legacy's
findings which was subsequently adjusted by the Trust Funds based on additional information.
According to the Audit Report, Defendant owes the Trust Funds $2,087.63 in unpaid fringe
benefit contributions for the Audit Period. See Deel. of J. Libby if7, Exhibit A.

2

9.

The Trust Funds made demands upon Defendant to produce books and records

and pay the amount due. See Deel. of J. Libby ~9, Exhibit A. Defendant failed to produce books
and records and has failed to pay the amount due. Because Defendant failed to comply with the
terms of the Agreement, the Trust Funds have had to employ the services of attorneys McJessy,
Ching & Thompson, LLC to file a lawsuit to compel Defendant's compliance with the
Agreement. As a result, the Trust Funds incurred attorneys' fees and costs. Under the terms of
the Agreement, Defendant is liable for the auditors' fees and attorneys' fees and costs. See Deel.
of J. Libby ~9, Exhibit A.
DAMAGES
10.

The Trust Funds now seek entry of an order of default against the Defendant

ordering Defendant to pay $7,557.99 as follows:
A.

to pay the Trust Funds unpaid fringe benefit contributions of $2,087.63, see Deel.
of J. Libby ~7, Exhibit A;

B.

to pay auditor's fees of $3,434.40 incurred by the Trust Funds to complete the
audit of Defendant's books and records, see Deel. of J. Libby ~11, Exhibit A;

C.

to pay interest of $91.22 on the amount that is due, see Deel. of J. Libby ~10,
Exhibit A;

D.

to pay liquidated damages of $351.02 on the amount that is due, see Deel. of J.
Libby ~10, Exhibit A;

E.

to pay $1,593.72 in reasonable attorneys' fees and costs the Trust Funds incurred
in this action and any attorneys' fees that the Trust Funds will incur to obtain full
compliance with this Order, see Deel. of J. Libby ~9, Exhibit A, Deel. ofK.
McJessy ~4, Exhibit B; and

F.

to award the Trust Funds such other and further relief as the Court deems just and
equitable.

11.

A draft proposed order is attached as Exhibit C.

WHEREFORE, the Trust Funds respectfully request that the Court enter judgment in
their favor and against Defendant in the amount of $7,557.99 for:

3

A.

unpaid fringe benefit contributions of $2,087.63;

B.

auditor's fees of $3,434.40 incuned by the Trust Funds to date to complete the
audit of Defendant's books and records;

C.

interest of$91.22 on the amount that is due;

D.

liquidated damages of $351.02 on the amount that is due;

E.

$1,593.72 in reasonable attorneys' fees and costs the Trust Funds incurred in this
action and any attorneys' fees that the Trust Funds will incur to obtain full
compliance with this Order; and

F.

such other and further relief as the Court deems just and equitable.
CHICAGO REGIONAL COUNCIL OF
CARPENTERS PENSION FUND et al.
By:

s/ Kevin P. McJessy
One of their attorneys

Kevin P. McJessy
MCJESSY, CHING & THOMPSON, LLC

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

4

CERTIFICATE OF SERVICE

I, Kevin P. McJessy, an attorney, certify that I caused the foregoing Plaintiffs' Motion
For Entry Of Judgment By Default to be served upon
Precision Fixture Installation, Inc.
c/o Thomas Prusak, Registered Agent
10093 Sundown Trail
North Royalton, OH 44133
via U.S. Mail deposited in the United States Mail Depository at 3759 N. Ravenswood, Chicago,
Illinois, postage prepaid, this 6th day of August 2015.

s/ Kevin P. McJessy
Kevin P. McJessy

5

15 CV 04942

Exhibit A

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

15 CV 4942

v.
Judge St. Eve
PRECISION FIXTURE INSTALLATION,
INC., an Ohio corporation
Defendant.

DECLARATION OF JOHN LIBBY
I, John Libby, hereby declare, under penalty of pe1jury pursuant to the laws of the United
States, that the following statements are true 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 pati 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") and between employers and the United Brotherhood
of Carpenters and Joiners of America.
3.

PRECISION FIXTURE INSTALLATION, INC., an Ohio corporation

("Defendant") is an employer bound by a collective bargaining agreement with the Union ("Area

Agreement"). A copy of the Agreement dated December 10, 2007 between Defendant and the
Union by which Defendant agreed to be bound by the Area Agreement is attached as Exhibit Al. The Agreement binds Defendant to the Area Agreement with the Union and the trust
agreements establishing the Trust Funds. The Agreement, the Area Agreement and the trust
agreements are collectively referred to herein as "Agreements."
4.

Pursuant to the Agreements, Defendant is required to pay fringe benefit

contributions to the Trust Funds for work performed by Defendant's employees and non-union
subcontractors performing work falling within the jurisdiction of the Union.
5.

Pursuant to the Agreements, Defendant also 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.

The Trust Funds engaged Legacy Professionals, LLC ("Legacy") to conduct an

audit of Defendant's fringe benefit contributions to the Trust Funds for the period January 1,
2013 through June 30, 2014.
7.

Defendant produced records to Legacy. Legacy prepared an Audit Report of

Defendant's fringe benefit contributions to the Trust Funds based on Legacy's review of the
records produced by Defendant. A copy of the Audit Report was tendered to Defendant who
produced additional information to the Trust Funds which, in tum, prepared an Adjusted Audit
Report. A copy of the Adjusted Audit Report is attached as Exhibit A-2. According to the
Adjusted Audit Report and based on the records produced by Defendant to Legacy and to the
Trust Funds, Defendant owes $2,087.63 in unpaid fringe benefit contributions to the Trust
Funds.

8.

The Agreements provide that the Trust Funds collect liquidated damages on

unpaid fringe benefit contributions at a rate of 1~percent compounded monthly and capped at
20 percent. The Agreements also provide that the Trust Funds collect interest on unpaid fringe
benefit contributions as allowed by law.
9.

Because Defendant failed to comply with the terms of the Agreements, the Trust

Funds have had to employ the services of attorney McJessy Ching & Thompson, LLC. As a
result, the Trust Funds incurred attorneys' fees and costs.
10.

A summary of the updated calculations of accrued interest and liquidated

damages as of July 31, 2015 is attached hereto as Exhibit A~3. Defendant owes $91.22 in unpaid
interest calculated pursuant to 26 U.S.C. §6621 and $351.02 in unpaid liquidated damages
calct1lated in accordance with the Agreements.
11.

The Trust Funds paid Legacy $3,434.40 as auditors' fees for Legacy to conduct

its review of Defendant's books and records and to prepare the Audit Report.
12.

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

competently to them.

Date

15 CV 04942

Exhibit A-1

-Ff cR'lqJ J1
{:,/Jif

:Jvf.e1noranau1n ofJlgreenient
Employer Precision Fixture Installation, Inc.
City North Royalton
State OH

Address

Zip

10093 Sundown Trail

44133

J>bonc

440-230-1517

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, DeKalb, DuPage,
Grundy, Henderson, Henry, Iroquois, Jo Daviess, Kane, Kankakee, Kendall, Lake, La Salle, Lee,
Marshall, McHenry, Mercer, ogle, Putnam, Rock lsland, Stark, Stephenson, Whiteside, Will,
Winnebago. The following counties in Towa: 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,
Johnson, Jones, Keokuk, Kossuth, Lee, Linn 1 Louisa, Mahaska, Mitchell, Monroe, Muse ti'11>,..~...i.L1
Tama, Van Buren1 Wapello, Washington, Wayne, Winnebago, Winneshiek, Wort , ~
following counties in Wisconsin: Kenosha, Milwaukee, Ozaukee, Rncine, Washingt
v. ffi
The Union and the Employer do hereby agree to the following:

a

ffi

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
employers and employer nssociations, including all Area Agreements for the period beginning with the
execution of this Memorandum Agreement and ending on the expiration dates of any current and
successor Agreements which are incorporated herein (see attached list). Unless the Employer provides
written notice by certified mail to the Chicago Regional Council of its desfre to terminate or modify the
Agreement at leas( three (3) calendar months prior to the expiration of such Agreements) the Agreement
shall continue in full force and effect through the full term and duration of all subsequent Agreements
which are incorporated by reference.

4. The Employer agrees to be bound to the terms of the various Trust Agreements lo which
contributions are required to be made under the Agreements inco11)orated in Paragraph 3, including all
rules and regulations adopted by the Trustees of each Fund.
In Witness W11ereof the parties have executed this Memorandum of Agreement on this
December , 2007.

....AUthOl'i ~d Regional ccfuncil
Representative

10th day of

ll

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 (Mi II-Cabinet)
(Western Region)

Quad City Builders Association, Commercial, Rock Island Mercer, Henry and Henderson
Floor Covering, Rock Island, Mercer, Henry 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 Sandwich and
Somonauk
Residential Construction Employers' Council, Boone, Carroll, Jo Daviess, Lee, Ogle, Stephenson,
Whiteside and Winnebago
Northern Illinois Building Contractors Association Inc., Boone, Carroll, .Jo Davies, Lee, Ogle,
Stephenson, Whiteside and Winnebago
Floor Covering, Boone, Cnrroll, DeKalb, Jo Daviess, Lee, Lee, Ogle, Stephenson, Whiteside and
Winnebago
Millwdght, Boone, Bureau, Carroll, DeKalb, Henderson, Jo Daviss, LaSalle, Lee, Marshall, Mercer,
Ogle, Putnam, Rock Island, Stark, Stephenson, Whiteside, and Winnebago
Associated General Contractors of Illinois (Heavy and Highway) Highway Districts 2-7 and poliions of
1 and 8

Commercial, Muscatine, Scott, Louisa north oflowa 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, lowa 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, Litrn and Tama
Residential Benton, Jones, Linn and Tama
Commercial, Des Moines, Henry, Lee and Louisa south of Iowa River
Residential, Des Moines, Henry, Lee and Louisa south of Iowa 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, Kossulh, 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, Can-oll, 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 B~ren, Warren, Wapello,
Washington, Wayne, Webster, Winnebego, Winneshiek, Worth, Wright

(Northern Region)
Commercial Carpenters and Floor Coverers' Agreement (State of Wisconsin)
Commercial Capenters Agreement, Kenosha/Racine
Millwright Erectors' Agreement
Pile Drivers' Agreement
Insulators Agreement
Overhead Door Agreement
The Employers Acknowledges receipt of a current copy of each agreement under which the company
will be performing work. Each of the agreements are available upon request

Jt is also understood and agreed that it is the Employers obligation to make a written request of
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

Employer
Date
··--·-~·

- ..-···----· ---·

··--·---------------~------

----

-·--------·-~-

15 CV 04942

Exhibit A-2

Discrepancy Summary By Month
Account Number:

23923

Audit Period:

Jan 13- Jun 14

Employer:
Address:

Precision Fixture Installation
10093 Sundown Trail
North Royalton, OH 44133
440-230-1517

Contact:
Title:

Mary Prusak
President

Page:

1 of 8

Phone:

I

Reporting Period

Discrepancy
Total Hours

I

I

Discrepancy
Benefit Hours

Contribution
Rate

I

Discrepancy
Amount

May 2013

4.00

4.00

25.67

$102.68

October 2013

9.50

9.50

26.87

$255.27
$1,128.54

November 2013

42.00

42.00

26.87

April 2014

14.00

14.00

26.87

$376.18

June 2014

8.00

8.00

28.12

$224.96

Benefit
77.50 Hours

77.50

Total
Hours

Discrepancy Amount
Liquidated Damages
Total Amount Due

$2,087.63
$351.02
$2,438.65

Discrepancy Summary By Error Type
Account Number:

23923

Audit Period:

Jan 13 - Jun 14

Employer:
Address:

Contact:
Title:

Mary Prusak
President

Phone:

Precision Fixture Installation
10093 Sundown Trail
North Royalton, OH 44133
440-230-1517

Page:

2 of 8

Code

Description

Dollar Amount

SIGNATORY EMPLOYER: PAYROLL
P3

PB

Omission
Electronis Record Exclusively Reproted to Other Fund - Clerical Error

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

$747.56
$1,340.07

$2,087.63
$351.02
$2,438.65

Liquidated Damages Schedule
Account Number:

23923

Audit Period:

Jan 13 - Jun 14

Employer:
Address:

Precision Fixture Installation
10093 Sundown Trail
North Royalton, OH 44133
440-230-1517

Contact:
Title:

Mary Prusak
President

Page:

3 of 8

Phone:

Reportinq Period
May 2013
October 2013
November 2013
April 2014
June 2014

Total Discrepancies

Assessed Damages

I

Contributions
Due
$102.68
$255.27
$1,128.54
$376.18
$224.96

$2,087.63

I

Compounding
Periods
18.00
13.00
12.00
7.00
5.00

I

Calculating
Percentage

I

20.00%
20.00%
19.56%
10.98%
7.73%

Total Damages this Schedule
20% of Discrepancies

Total Liquidated
Damages Owed
$20.54
$51.05
$220.74
$41.30
$17.39

$351.02
$417.53

$351.02

Monthly Detail Report
Account Number: 23923

Audit Period:

Jan 13- Jun 14

Employer:
Address:

Month:

May2013

Page#:

4of 8

Phone:

-Reference
Number

Precision Fixture Installation
10093 Sundown Trail
North Royalton, OH 44133
440-230-1517

Employee I Payee
Name
Norton, David

Error
Code
P3

Total
Benefit
Hours
Hours
Reported Reported
0.00
0.00

* * • "' * *Actual Hours Per Week* * * • • *
Total
W/E
W/E
Total
W/E
W/E
W/E
Capped
Hour.
17-Mav
10-May
24-May
31-May
Hours
Hours Difference
03-Mav
4.00
0.00
0.00
0.00
0.00
4.00
4.00

Benefit
Hour
Difference
4.00

-

Total

0.00

0.00

Total Items Listed in this Period:

4.00
1.00

0.00

0.00

4.00

4.00

4.00

Monthly Detail Report
Account Number: 23923

Audit Period:

Jan 13 - Jun 14

Employer:
Address:

Month:

October 2013

Page#:

5 of 8

Precision Fixture Installation
10093 Sundown Trail
North Royalton, OH 44133
440-230-1517

Phone:

Reference
Number

-

Employee I Payee
Name
Wheater, Michael

Error
Code
P8

Total
Benefit
Hours
Hours
Reported Reported
154.00
154.00

Total

* * * * * *Actual Hours Per Week * * * * * *
Total
W/E
W/E
W/E
W/E
Capped
Tola I
Hour
05-0ct
19-0ct
26-0ct
12-0ct
Hours
Hours Difference
60.00
69.50
34.00
0.00
163.50
9.50

60.00

69.50

Total Items Listed in this Period:

34.00
1.00

0.00

0.00

163.50

9;50

Benefit
Hour
Difference
9.50

9.50

Monthly Detail Report
Account Number: 23923
Employer:
-~Address:
Phone:

Reference
Number

Audit Period:
Month:

Employee I Payee
Name
Borisa. Thomas
Bouch,. Tom
Wheater, Michael

Error
Code
P8
P3
PS

Benefit
Total
Hours
Hours
Reported Reported
53.00
53.00
0.00
0.00
83.00
83.00

Total

November 2013

Page#:

Precision Fixture Installation
10093 Sundown Trail
North Royalton, OH 44133
440-230-1517

Jan 13 - Jun 14

6 of8

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

W/E
02-Nov
0.00
0.00
0.00

0.00

W/E
09-Nov
50;00
21.00
50.00

W/E
16-Nov
9.00
3.00
9.00

W/E
23-Nov
3.00
0.00
33.00

121.00

2i.OO

36.00

Total Items Listed in this Period:

3.00

0.00

* •

Total
Total
Capped
Hour
Hours Difference
Hours
62.00
9.00
24.00
24.00
9.00
92.00

178.00 .

42.00

Benefit
Hour
Difference
9.00
24.00
9.00

42.00

Monthly Detail Report
Account Number: 23923
Employer:
Address:
Phone:

Reference

-

Audit Period:
Month:

Employee I Payee
Name
Gallagher, Michael
Wheater, Michael

Error
Code
P8
P8

Benefit
Total
Hours
Hours
Reported Reported
100.00
100.00
157.00
157.00

Total

April 2014

Page#:

Precision Fixture Installation
10093 Sundown Trail
North Royalton, OH 44133
440-230-1517

Jan13-Jun14

7 of8

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

W/E
04-Apr
0.00
0.00

0.00

W/E
05-Apr
30.00
70.00

100.00

Total Items Listed in this Period:

W/E
12~Apr

0.00
0.00

0.00
2.00

W/E
19-Apr
68.00
76.00

144.00

W/E
26-Apr
0.00
27.00

27.00

Total
Total
Capped
Hour
Hours Difference
Hours
98.00
(2.00)
173.00
16.00

271.00

14.00

Benefit
Hour
Difference
(2.00)
16.00

14c00

Monthly Detail Report
Account Number: 23923
Employer:
Address:
Phone:

Reference
Number

Audit Period:
Month:

Employee I Payee
Name
Wheater, Michael

Error
Code
P8

Benefit
Total
Hours
Hours
Reported Reported
112.00
112.00

June2014

Page#:

Precision Fixture Installation
10093 Sundown Trail
North Royalton, OH 44133
440-230-1517

Jan 13 - Jun 14

8of8

* * * • * •Actual Hours Per Week* * * * * *
Total
W/E
W/E
W/E
W/E
Capped
Total
Hour
13-Jun
20-Jun
27-Jun
Hours
Hours Difference
06-Jun
40.00
40.00
120.00
40.00
8.00

Benefit
Hour
Difference
8.00

.

Total

40.00

40.00

Total Items Listed in this Period:

40.00
1.00

0.00

0.00

120.00

8;00

8.00

15 CV 04942

Exhibit A-3

Interest & Damages Summary
Account Number:

23923

Employer:
Address:

Precision Fixture Installation
10093 Sundown Trail
North Royalton, OH 44133

Reporting Period
May 2013
October 2013
November 2013
April 2014
June 2014

Totals

Calculation Date: July 31, 2015

Delinquency
Amount
$102.68
$255.27
$1,128.54
$376.18
$224.96

$2,087.63

Liquidated
Damages

Interest
$6.44
$12.62
$52.93
$12.76
$6.47

$91.22

$20.54
$51.05
$220.74
$41.30
$17.39

$351.02

Total
Due
$129.66
$318.94
$1,402.21
$430.24
$248.82

$2,529.87

15 CV 04942

Exhibit B

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

15 CV 4942

v.
Judge St. Eve
PRECISION FIXTURE INSTALLATION,
INC., an Ohio corporation,
Defendant.

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 PRECISION FIXTURE
INSTALLATION, INC., an Ohio corporation ("Defendant").
2.

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").
3.

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

the Trust Funds in this Lawsuit. I have represented the Trust Funds in this Lawsuit since its
inception.

4.

The Trust Funds have incurred $1,593.72 in fees and expenses to compel

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&Tfrom the inception of this Lawsuit to the present, redacted to protect privileged
communications, is attached as Exhibit B-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 $992.00 for 6.6

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 $84.00 for 1.4

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 $517. 72 in expenses for the filing fee, process

server charge for service of summons, courier charge and photocopy charge.
5.

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.
6.

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

competently to them.
FURTHER AFFIANT SAYETH NOT.

Kevin

Date

15 CV 04942

Exhibit B-1

Aug/ 6/2015
Received From/Paid To
Chqil
Rec#
Explanation
1000
Chicago Regional Council of Ca:cpenters 0239-PREC
Precision Fixture Installation - Audits
Jun 4/2015 Lawyer: SK 0.60 Hrs X 60.00
90551 Prepared civil cover sheet,
attorney appearance and
summons; filed complaint,
civil cover sheet and
appearance with court;
reviewed ECF notice regarding
judges' assignments and
completed summons as
appropriate; prepared email
correspondence to court clerk
forwarding summons for
issuance.
Jun 4/2015 Lawyer: KM 2.10 Hrs x 160.00
91589 Telephone call with J. Conklin
a!=gl,n
·

Date
Entry ii

Jun

Jun

5/2015
90554

8/2015
91399

Jun 22/2015
90928
Jun 25/2015
90963
Jun 25/2015
90973

Jun 30/2015
91018
Jun 30/2015
91239
Jul 20/2015
91635
Jul 20/2015
91983

Jul 21/2015
91668

Jul 23/i015
91834
Jul 28/2015
91888
Jul 29/2015
91988

Jul 31/2015
91986

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

Page:

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

Bld
Inv# Ace

36.00

9367

336.00

9367

24.00

9367

16.00

9367

........
Lawyer: KM 0.10 Hrs X 160.00
Reviewed ECF court order of
Judge St. Eve setting status
hearing for 7/20/15.
Billing on Invoice 9286

0.00

Lawyer: I<M

9286

400.00

4706

9367
24.00

3.12

9367

4709

14.60

9367

o.oo

9367
192. 00

32.00

100.00
853. 72
32.00

0.40 Hrs X 160.00

iiifll':"
Reviewed correspondence from

9367

00316

Capital One Services
Process Server recovery
4721
Attorney Services of NE Ohio
Chicago Regional Council of Carpe1
PMT 01644
Lawyer: KM 0.20 Hrs X 160.00
Telephone call with J. Conlkin,
client, regardiµg

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

Resp Lawyer: KM

.l)~~Reviewed audit
referral file. Reviewed
online information about
defendant to confirm
information as to defendant
and agent. Prepared draft
complaint. (2.0} Reviewed
attendant documents to
complaint prior to filing.
Lawyer: SK 0.40 Hrs X 60.00
Confer with and prepared email
correspondence to Ohio process
server forwarding summons and
complaint for service;
prepared email correspondence

Capital One Services
Filing Fee Lawyer: SK 0.40 Hrs X 60.00
Reviewed process server's
affidavit of service and filed
same with court; prepared
correspondence to Judge St.
Eve forwarding file-stamped
courtesy copy of same.
Expense Recovery
Photocopy Recovery .
US Messenger & Logistics
Courier Recovery
Billing on Invoice 9367
FEES
436.00
DISBS
417.72
Lawyer: KM 1.20 Hrs X 160.00
Appeared in court before Judge
St. Eve for initial status
hearing; case continued to
8/5/15.
La1~yer: KM
0.20 Hrs X 160.00
Telephone call from J,.Conklin
re ardin

Trust Activity
Rcpts
Disbs

64.00

Balance

Aug/ 6/2015
Date
Entry II

Received From/Paid To
Explanation

•n2·1·c';f~:"~tY+;

Aug

5;-fois -1a;:,;,.E.l:-: I<M
91985

Aug

Chq#
Rec#

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

o.ro H-rs x o.oo

Page: 2
Bld 1----------- Trust Activity -----------1
Inv# Ace
Rcpts
Disbs
Balance

o.oo

Telephone call with S. Keating
and advised of error in
diaried court date, case heard
today, Reviewed ECF court
order of Judge St. Eve
resetting court hearing.
Telephone call with S. Keating
to arrange for change in court
date until I return from
vacation. Reviewed ECF court
order of Judge St. Eve
resetting court date. [NO
CHARGE]
La)9yef:'I<M 2. oo Hrs x 160 :_oo
• P£~pared 11\otion .for entry ()f
deJ:l'ult judgment order b~sed
i:ompl~ted, adi1JSt~d aucli~,
· ·
ph~!lec~~l !:litb;l'J.

J;:n~'i~I~~~~J19ri~Jr

CHE
100.00
100.00

TOTALS
PERIOD
END DATE
FIRM TOTAL:
PERIOD
END DATE

I

UNBILLED
+ RECOV
+ FEES
o.oo
640.00
640.00
o.oo

TOTAL
740.00
740.00

CHE
100.00
100.00

UNBILLED
+ RECOV
+ FEES
640.00
o.oo
640.00
0.00

TOTAL
740.00
740.00

REPORT SELECTIONS - Client Ledger
Layout Template
Advanced Search Filter
Requested by
Finished
Ver
Matters
Clients
Maj or Clients
Client Intro Lawyer
Matter Intro Lawyer
Responsible Lawyer
Assigned Lawyer
Type of Law
Select From
Matters Sort by
New Page for Each Lawyer
New Page for Each Matter
No Activity Date
Firm Totals Only
Totals Only
Entries Shown - Billed Only
Entries Shown - Disbursements
Entries Shown - Receipts
Entries Shown - Time or Fees
Entries Shown - Trust
Incl. Matters with Retainer Bal
Incl. Matters with Neg Unbld Disb
Trust Account
Working Lawyer
Include Corrected Entries
Show Check # on Paid Payables
Show Client Address
Consolidate Payments
Show Trust Summary by Account
Show Interest
Interest Up To

I

I

DISBS
417,72
417. 72

BILLED
+ FEES
436.00
436.00

+ TAX

o.oo
o.oo

- RECEIPTS
853. 72
853. 72

DISBS
417. 72
417. 72

BILLED
+ FEES
436.00
436.00

+ TAX
0.00
0.00

- RECEIPTS
853. 72
853. 72

Default
None
ADM IN
Thursday, August 06, 2015 at 03:34:42 PM
13.0 SP2 (13.0.20140210)
0239-PREC
All
All
All
All
All
All

All
Active, Inactive, Archived Matters
Default
No
No
Dec/31/2199
No
No
No
Yes
Yes
Yes
Yes
No
No
All
All

No
No
No
No
No
No
Aug/ 6/2015

I

1-

BALANCES

= A/R

o.oo
o.oo

I

1--

BALANCES

= A/R
0.00
0.00

--1
TRUST
0.00
0.00

--1
TRUST
0.00

o.oo

15 CV 04942

Exhibit C

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

15 CV 4942

v.
Judge St. Eve
PRECISION FIXTURE INSTALLATION,
INC., an Ohio corporation,
Defendant.

ORDER
Pursuant to Federal Rule of Civil Procedure 55, a judgment by default is hereby entered
in favor of the Chicago Regional Council of Carpenters Pension Fund et al. ("Trust Funds") and
against defendant PRECISION FIXTURE INSTALLATION, INC., an Ohio corporation
("Defendant") in the amount of $7 ,557 .99 as follows:
A.

$2,087.63 in unpaid contributions pursuant to the adjusted audit findings;

B.

$3,434.40 for auditor's fees incurred by the Trust Funds to complete the audit of
Defendant's books and records;

C.

$91.22 in interest;

D.

$351.02 in liquidated damages; and

E.

$1,593.72 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 Amy J. St. Eve