Trustees of the Suburban Teamsters of Northern Illinois Welfare and Pension Funds v. STS Express, LLC

Filing 16

MOTION by Plaintiff Trustees of the Suburban Teamsters of Northern Illinois Welfare and Pension Funds for judgment (Attachments: # 1 Affidavit John J. Toomey, # 2 Affidavit Richard Siebert, # 3 Text of Proposed Order Final Judgment Order)(Toomey, John)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
TRUSTEES OF THE SUBURBAN TEAMSTERS )
OF NORTHERN ILLINOIS WELFARE AND
)
PENSION FUNDS,
)
)
Plaintiffs,
)
)
v.
)
)
)
STS EXPRESS, LLC
)
an Illinois limited liability corporation,
)
)
Defendant.
)

No. 2017 C 1763
Judge Dow
Magistrate Judge Rowland

MOTION FOR JUDGMENT IN SUM CERTAIN
NOW COME the Plaintiffs, TRUSTEES OF THE SUBURBAN TEAMSTERS OF
NORTHERN ILLINOIS WELFARE AND PENSION FUND, by and through its attorney,
JOHN J. TOOMEY, ARNOLD AND KADJAN, and pursuant to FRCP 55 move for
judgment in sum certain as stated in this Motion and the supporting Affidavits attached
hereto. In support of its Motion, Plaintiffs state as follows:
1.

On May 3, 2017, this Court entered judgment in the amount of $4,141.95 on

Count I of Plaintiffs' Complaint.
2.

On May 3, 2017 this Court entered an Order of Default and Production of

Records and ordered Defendant to produce the requested records within 21 days, which
was done.
3.

An audit of Employer’s books and records was performed on June 13,

2017, covering the period October, 2016 through April, 2017 and found to be owing:
Pension
Welfare
3.

$3,165.79
$2,546.70

That Employer was provided a copy of the audit and given notice of

findings on June 15, 2017 and has made no effort to pay or settle.
.

4.

That the remaining balance due on the audit including liquidated damages

and interest totals $5,712.49.
5.

Defendant is now in default as to Count II of the Complaint and as

supported by the attached Affidavits the sums due are:
$3,165.79
$2,546.70
$4,141.95
$650.00
$10,504.44

Pension
Welfare
Prior Judgment as to Count I of the Complaint
Attorneys fees on Count II of the Complaint

WHEREFORE, Plaintiffs pray for:
1.

Entry of final judgment against Defendant, STS EXPRESS, LLC, an Illinois

limited liability corporation, and in favor of Plaintiffs, TRUSTEES OF THE SUBURBAN
TEAMSTERS OF NORTHERN ILLINOIS PENSION AND WELFARE FUNDS in the
amount of $10,504.44.
TRUSTEES OF THE SUBURBAN TEAMSTERS
OF NORTHERN ILLINOIS PENSION AND
WELFARE FUNDS
s/John J. Toomey
ARNOLD AND KADJAN, LLP
35 E. Wacker Drive, Suite 600
Chicago, IL 60601
Telephone No.: [phone]
Facsimile No.: [phone]
Dated: July 18, 2017

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