Central Laborers' Pension Fund et al v. Elite Seamless Gutters, Inc.

Filing 16

MOTION by Plaintiffs Central Laborers' Annuity Fund, Central Laborers' Pension Fund, Central Laborers' Welfare Fund for judgment (Attachments: # 1 Text of Proposed Order)(Scanlon, Cecilia)

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

CENTRAL LABORERS’ PENSION FUND,
et al.,
Plaintiffs,
vs.
ELITE SEAMLESS GUTTERS, INC., an Illinois
corporation, f/k/a ELITE CONSTRUCTION OF
IL., INC.,
Defendant.

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CIVIL ACTION
NO. 17 C 00017
JUDGE EDMOND E. CHANG

MOTION FOR ENTRY OF JUDGMENT
Plaintiffs, by and through their attorneys, default having been entered against the Defendant
on February 15, 2017, request this Court enter judgment against Defendant, ELITE SEAMLESS
GUTTERS, INC., an Illinois corporation, f/k/a ELITE CONSTRUCTION OF IL., INC. In support
of that Motion, Plaintiffs state:
1.

On June 16, 1998, this Court entered default against Defendant and granted Plaintiffs’

request for an order directing an audit of the Defendant’s payroll books and records for the time
period May 1, 2013 through December 31, 2016. The Court also entered an order that judgment
would be entered after the completion of the audit.
2.

On April 6, 2017, Plaintiffs’ auditors completed the audit. The audit findings show

that the Defendant is delinquent in contributions to the Funds in the amount of $340.29. (See
Affidavit of Jeanne Raabe).

3.

Additionally, the amount of $30.94 is due for liquidated damages. (Raabe Aff. Par.

7). Plaintiffs' auditing firm of Romolo & Associates charged Plaintiffs $1,003.85 to perform the
audit examination and complete the report. Plaintiff Funds, however, charged Defendant 25% of the
audit cost, or $250.96 (Raabe Aff. Par. 6).
4.

In addition, Plaintiffs’ firm has expended the amount of $600.00 for costs and

$1,350.00 in attorneys’ fees in this matter. (See Affidavit of Catherine M. Chapman).
5.

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

total amount of $2,541.25.
WHEREFORE, Plaintiffs respectfully request this Court to enter judgment in the amount of
$2,541.25.

/s/ Cecilia M. Scanlon

Cecilia M. Scanlon
Attorney for the Plaintiffs
BAUM SIGMAN AUERBACH & NEUMAN, LTD.
200 West Adams Street, Suite 2200
Chicago, IL 60606-5231
Bar No.: 6288574
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
I:\CLJ\Elite Seamless\#26586\motion for judgment.cms.df.wpd

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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 participant on or before the hour of 5:00 p.m. this 22nd day of June
2017:
Mr. John French, Registered Agent/President
Elite Seamless Gutters, Inc.
1606 26th Street
Peru, IL 61354

/s/ Cecilia M. Scanlon

Cecilia M. Scanlon
Attorney for the Plaintiffs
BAUM SIGMAN AUERBACH & NEUMAN, LTD.
200 West Adams Street, Suite 2200
Chicago, IL 60606-5231
Bar No.: 6288574
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
I:\CLJ\Elite Seamless\#26586\motion for judgment.cms.df.wpd