UNITE HERE Health et al v. The Desmond 433 Corp. et al
Filing
12
MOTION by Plaintiffs Unite Here Health, Matthew Walker for judgment (Finnegan, Laura)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
UNITE HERE HEALTH,
MATTHEW WALKER, as fiduciary of
UNITE HERE HEALTH,
Plaintiffs,
vs.
THE DESMOND 433 CORP., d/b/a
DESMOND’S TAVERN,
HUBERT CONNELLY, an individual,
Defendants.
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
CIVIL ACTION
NO. 15 C 7201
JUDGE JOHN R. BLAKEY
MOTION FOR ENTRY OF JUDGMENT
Plaintiffs, by and through their attorneys, default having been entered against the Defendants
on October 26, 2015, request this Court enter judgment against Defendants, THE DESMOND 433
CORP., d/b/a DESMOND’S TAVERN and HUBERT CONNELLY, an individual. In support of
that Motion, Plaintiffs state:
1.
On October 26, 2015, this Court entered default against Defendants and set this matter
for prove-up on November 16, 2015.
2.
Defendants remitted monthly fringe benefit contribution reports for the work months
of April 2015 through September 2015 but failed to remit all contributions in the amount of
$31,527.15, interest of $403.12 and liquidated damages of $6,773.96. (See Affidavit of Dean
Dailey).
3.
Defendants have, by failing to timely submit the monthly fringe benefit contribution
report for the work month of October 2015, concealed from the Fund the number of hours for which
contributions are due and, based upon a review of the Defendants’ reporting history, calculate a
reasonable estimate of the contributions owed to the Fund for October 2015 is $6,513.40. (Dailey
Aff. ¶5(c)).
4.
In addition, Plaintiffs’ firm has expended $650.00 in costs and the total amount of
$875.00 in attorneys’ fees in this matter. (See Affidavit of Laura M. Finnegan).
5.
Based upon the documents attached hereto, Plaintiffs request entry of judgment in the
total amount of $46,742.63.
WHEREFORE, Plaintiffs respectfully request this Court to enter judgment in the amount of
$46,742.63.
/s/ Laura M. Finnegan
Laura M. Finnegan
Attorney for Plaintiffs
BAUM SIGMAN AUERBACH & NEUMAN, LTD.
200 West Adams Street, Suite 2200
Chicago, IL 60606-5231
Bar No.: 6210637
Telephone: (312) 216-2563
Facsimile: (312) 236-0241
E-Mail: lmfinnegan@baumsigman.com
I:\HEREW\Desmond's Tavern\#26076\motion judgment.lmf.df.wpd
2
CERTIFICATE OF SERVICE
The undersigned, an attorney of record, hereby certifies that she 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 9th day of
November 2015:
The Desmond 433 Corp., d/b/a Desmond’s Tavern
c/o Hubert Connelly
433 Park Avenue South
New York, NY 10016
Hubert Connelly
433 Park Avenue South
New York, NY 10016
/s/ Laura M. Finnegan
Laura M. Finnegan
Attorney for Plaintiffs
BAUM SIGMAN AUERBACH & NEUMAN, LTD.
200 West Adams Street, Suite 2200
Chicago, IL 60606-5231
Bar No.: 6210637
Telephone: (312) 216-2563
Facsimile: (312) 236-0241
E-Mail: lmfinnegan@baumsigman.com
I:\HEREW\Desmond's Tavern\#26076\motion judgment.lmf.df.wpd
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?