Crisostomo v. Chartwell Staffing Services et al

Filing 50

MOTION by Plaintiff Josey Crisostomo for judgment (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Mitchell, Catherine)

IN THE UNITED STATES DISTRICT COURT FOR
THE NORTHERN DISTRICT OF ILLINOIS
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JOSEY CRISOSTOMO,
Plaintiff,
v.
TRACEY L. SCHNEIDER-KIDAN and
ADAM KIDAN
Defendants.

Case No. 16-cv-06406
Honorable John Z. Lee
Magistrate Judge M. David
Weisman

PLAINTIFF’S MOTION FOR ENTRY OF CONSENT JUDGMENT
Plaintiff, Josey Crisostomo, by and through his undersigned attorneys, hereby moves this
Court for an Order entering a Stipulated Consent Judgment against Defendant Adam Kidan
(“Kidan”) and Chartwell Staffing Services, Inc. d/b/a Chartwell Staffing Solutions (“Chartwell”)
pursuant to an agreement between Plaintiff, Defendants and Chartwell. In further support of this
Motion, Plaintiff states as follows:
1.

Plaintiff filed his original Complaint on June 21, 2016, asserting claims for alleged unpaid

wages and commissions, as well as other amounts for services performed while Plaintiff was
employed at Chartwell, pursuant to the Illinois Wage Payment and Collection Act (“IWPCA”),
820 ILCS §§ 115 et seq. (D.E. 1). Plaintiff filed an Amended Complaint on September 29, 2016.
(D.E. 20).
2.

On March 27, 2018, the Plaintiff, Kidan and Chartwell entered into a Settlement

Agreement, the terms of which required Kidan and Chartwell to pay Plaintiff the total gross sum
of $220,000.00 pursuant to a payment schedule, by which payments were to be postmarked by the
first of each month beginning April 1, 2018 and final payment being postmarked by May 1, 2019.
See Exhibit A, Settlement Agreement, ¶¶ 3-4.
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3.

Amongst other things, the Settlement Agreement provides that if Kidan and Chartwell fail

to timely submit any payment by the postmark date, they may cure such failure within five (5)
business days after receipt of written notice of non-payment. Id. at ¶ 5.
4.

Furthermore, the Settlement Agreement provides that if Kidan and Chartwell fail to cure

non-payment within the 5-day time period, they stipulate to the entry of a consent judgment against
each of them, jointly and severally, without notice, for the remaining balance of the settlement
payment amount, plus an amount equal to the then-remaining balance of the settlement payment
amount, and any attorneys’ fees and costs incurred by Plaintiff’s counsel in attempting to recover
such amounts. Id. at ¶ 5.
5.

On February 6, 2019, Kidan and Chartwell were notified that the February payment had

not yet been received. See Exhibit B, Correspondence. To date, neither Plaintiff, nor Plaintiff’s
Counsel, has received the February payment.
6.

Pursuant to the Parties’ Settlement Agreement, as a result of Kidan’s and Chartwell’s

failure to timely submit payment and failure to timely cure non-payment, they each, jointly and
severally, have stipulated to the entry of a consent judgment for the remaining balance of the
Settlement Amount, $110,000.00, plus liquidated damages of $110,000.00, for a total amount of
$220,000.00, as well as attorneys’ fees and costs incurred in recovering such amounts.
WHEREFORE, Plaintiff Josey Crisostomo hereby requests that this Court enter the Order
for Entry of Stipulated Consent Judgment, attached hereto as Exhibit C.

Dated: February 22, 2019

Respectfully Submitted,
/s/ Catherine T. Mitchell__________
Ryan F. Stephan
Catherine T. Mitchell
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Stephan Zouras, LLP
100 N. Riverside Plaza
Suite 2150
Chicago, Illinois 60606
312.233.1550
[e-mail]
ATTORNEYS FOR PLAINTIFF

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CERTIFICATE OF SERVICE
I, the attorney, hereby certify that on February 22, 2019, I electronically filed the
attached with the Clerk of the Court using the ECF system which will send such filing to all
attorneys of record.

/s/ Catherine T. Mitchell

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