Trustees of the Iron Workers Tri-State Welfare Plan v. Morcom Construction Company

Filing 25

MOTION by Plaintiff Trustees of the Iron Workers Tri-State Welfare Plan for judgment (Attachments: # 1 Exhibit)(McAnally, Daniel)

EXHIBIT LIST
EXHIBIT A
Agreed Order of Dismissal
EXHIBIT B
Sworn Declaration Pursuant to 28 U.S.C.A. § 1746
Debbie Trzeciak, Client Services Manager
EXHIBIT C
Sworn Declaration Pursuant to 28 U.S.C.A. § 1746
Daniel P. McAnally, Plaintiffs Attorney

Exhibit
A

Exhibit A

Case: 1:16-cv-08906 Document #: 17 Filed: 02/21/17 Page 1 of 2 PageID #:24

Case: 1:16-cv-08906 Document #: 17 Filed: 02/21/17 Page 2 of 2 PageID #:25

Exhibit
B

Exhibit B

IN THE I.JNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
TRUSTEES of the IRONWORKERS
TRI-STATE WELFARE PI.AN,

Plaintiffs,
v.

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)
)
)
)

MORCOM CONSTRUCTION COMPANY,
Defendant.

Judge Gettleman
Case No. r6-cv-89o6

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SWORN DECLARATION PURSUANT TO z8 U.S.C.A. 9 rZ+6

Debbie Trzeciak declares as follows:

1.

I

am the Client Services Manager for the for the Iron Workers' Tri-State

Welfare Plan andin suchcapacityl am authorizedto makethis Declaration onbehalf ofthe

Trust Fund. I have reviewed the account as to Morcom Construction Company.

2.

Pursuanttotheprovisions ofthe Collective BargainingAgreements andTrust
Agreement, the Defendant is required to submit monthly reports which list the number of
hours worked by its iron worker employees and the Defendant is required to pay
contributions based upon the hours listed.

Plaintiffs claim for ERlsAcontributions as set forth in the Agreed Order for
Dismissal total g16,776.84. This number is based on and audit of Morcom for the period
January 2o1S through June 3o, zo16. The fund received a partial payment of $r,5oo.oo in
August 2oL7. The balance due on the contributions is $t5,276.84.

3.

in a timely manner, the
Trust Agreement and Collective Bargaining Agreement mandate the assessment of
liquidated damages. Also, the Agreed Order of Dismissal allows for the assessment of
liquidated damages. The liquidated damages calculation was based on the rate set forth in
the controlling Trust Agreements, which is t.g% per month. The amount of liquidated

4.

Because of Morcom's failure to pay contributions

damages owed is 9S,368.64 for the period December 2o1S through December 2oL7.

underpenaltyofperjuryunderthelaws ofthe United States ofAmericathat
the foregoing information contained in this Declaration is true and correct.
I declare

Date:

December T,2ot7

Signature

2

Exhibit
C

Exhibit C

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
TRUSTEES of the IRON WORKERS
TRI-STATE WELFARE PLAN,
Plaintiffs,
v.
MORCOM CONSTRUCTION COMPANY,
Defendant.

)
)
)
)
)
)
)

Judge Gettleman
Case No. 16-cv-8906

SWORN DECLARATION PURSUANT TO 28 U.S.C.A. § 1746
_____________________________________________
Daniel P. McAnally declares as follows:
1.

I am an associate of the law firm of McGann, Ketterman & Rioux and am

licensed to practice law in the State of Illinois and in the U.S. Dist. Court for Northern
District of Illinois, Eastern Division.
2.

I have personal knowledge of the facts stated herein and if called to testify in

this matter, I can competently testify to such facts from my own such knowledge.
3.

I have in excess of 23 years experience representing trustees of employee

benefit plans, including the prosecution of Federal Court litigation to collect delinquent
employer contributions.
4.

The Agreed Order of Dismissal entered in this case allowed for Plaintiffs'

attorney fees incurred in enforcing the order.
5.

Attorneys of this firm have devoted 11.00 hours in connection with enforcing

the Agreed Order of Dismissal at the rate of $195.00 per hour. The total attorney fees
billings is $2,145.00.
6/15/17

.75

Prepare correspondence to attorney Brendan Schiller
regarding the breach of the settlement and request for
payment; review correspondence from Schiller
regarding same; update the file and docket follow-up;
telephone conference with the fund office regarding
status.

7/7/17

1.00

Review the file for current status; correspondence to
attorney Schiller regarding payment on the settlement;
review correspondence regarding same; update the file
and docket follow-up; telephone conference with the
fund office regarding status; update the litigation status
report for presentation to the trustees.

7/28/17

.50

Prepare correspondence to attorney Brendan Schiller
regarding the breach of the settlement and motion to
reinstate; telephone conference with the fund office
regarding status.

8/3/17

1.50

Review the court’s standing order regarding motion
practice; prepare Motion to Reinstate and Notice; file
the motion; prepare correspondence to the fund office
regarding same; docket hearing date.

8/15/17

.50

Prepare for court appearance and motion hearing;
telephone conference with the fund office regarding
status.

8/16/17

1.00

Travel to / from federal court; court appearance before
Judge Gettleman; telephone conference with the fund
office regarding outcome of the motion hearing.

10/10/17

.75

Review case for current status; telephone conference
with the fund office regarding payments received;
prepare correspondence to attorney Schiller regarding
resolution of the case; review correspondence from
attorney Schiller regarding same.

11/2/17

1.25

Review the court’s standing order regarding motion
practice; prepare Motion to Reinstate and Notice; file
the motion; prepare correspondence to the fund office
regarding same; docket hearing date.

11/6/17

.50

Prepare for court appearance and motion hearing;
telephone conference with the fund office regarding
status; confer with attorney Nicolas Kasmer the court
motion hearing and preparation.

2

11/7/17

1.00

Travel to / from federal court; court appearance before
Judge Gettleman; telephone conference with the fund
office regarding outcome of the motion hearing.
(Nicholas Kasmer)

12/7/17

2.25

Correspondence to the fund office regarding payments
submitted and request for updated liquidated damages
calculations; prepare the Motion for Entry of Judgment;
affidavits and Notice; file the documents and prepare
courtesy copy and proposed judgment

Total: 11.00 hours and $195.00 = $2,145.00
6.

I have spoken with four other lawyers from four different labor law firms

who practice this type of ERISA trust fund litigation. Based on my knowledge and
experience, the rates charged by the hour in this case are less than or equal to the usual
and customary rates charged by other law firms doing similar work in the United States
District Court for the Northen District of Illinois.
7.

I certify that the attached detailed attorney fees and costs totaling $2,145.00

were necessary and reasonable.

I declare under penalty of perjury under the laws of the United States of America that
the foregoing information contained in this Declaration is true and correct.
Date: December 7, 2017
s/ Daniel P. McAnally
Attorney for the Trustees of the Iron Workers
Tri-state Welfare Plan

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