Iron Workers' Mid-America Pension Plan et al v. All American Steel, Inc.

Filing 21

MOTION by Plaintiffs Joseph J. Burke, Iron Workers' Mid-America Pension Plan, Iron Workers' Mid-America Supplemental Monthly Annuity (SMA) Fund for judgment (Ryan, Patrick)

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

IRON WORKERS’ MID-AMERICA
PENSION PLAN, et al.,
Plaintiffs,
vs.
ALL AMERICAN STEEL, INC.,
an Illinois corporation,
Defendant.

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CIVIL ACTION
NO. 17 C 2405
JUDGE CHARLES P. KOCORAS

MOTION FOR ENTRY OF JUDGMENT
Plaintiffs, by and through their attorneys, default having been entered against the Defendant
on May 25, 2017, request this Court enter judgment against Defendant, ALL AMERICAN STEEL,
INC., an Illinois corporation. In support of that Motion, Plaintiffs state:
1.

On May 25, 2017, this Court entered default against Defendant and granted Plaintiffs’

request for an order directing an audit of the Defendant’s payroll books and records covering the
period January 1, 2014 forward. The Court also entered an order that judgment would be entered
after the completion of the audit.
2.

Based on the limited records provided by Defendant, Plaintiffs estimate that the

Defendant is delinquent in contributions to the Funds in the amount of $150,375.51. (See Affidavit
of Joseph J. Burke). See, Gesauldi v. J. H. Reid, 198 F.Supp. 3d 24, 219 (E.D.N.Y. 2016)
(“Damages based on estimated unpaid contributions are authorized under Section 502 of ERISA.”).
3.
Par. 8).

Additionally, the amount of $40,456.08 is due for liquidated damages. (Burke Aff.

4.

In addition, Plaintiffs’ firm has expended $485.00 in costs and $3,623.50 in attorneys’

fees, for a total of $4,108.50, 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 $194,940.09.
WHEREFORE, Plaintiffs respectfully request this Court to enter judgment in the amount of
$194,940.09.

/s/ Patrick N. Ryan

Patrick N. Ryan
Attorney for Plaintiffs
BAUM SIGMAN AUERBACH & NEUMAN, LTD.
200 West Adams Street, Suite 2200
Chicago, IL 60606-5231
Bar No.: 6278364
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
I:\MIDJ\All American Steel\motion-judgment.pnr.df.wpd

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CERTIFICATE OF SERVICE
The undersigned, an attorney of record, hereby certifies that he 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 e-mailed and/or mailed the above-referenced document by
United States Mail to the following non-CM/ECF participants on or before the hour of 4:00 p.m. this
14th day of February 2018:
Mr. Cleo Rodriguez, Registered Agent/President
All American Steel, Inc.
204 E. Village Drive
Northlake, IL 60164
Mr. Richard M. Varchetto
Attorney at Law
105 S. York Road, Suite 440
Elmhurst, IL 60126

/s/ Patrick N. Ryan

Patrick N. Ryan
Attorney for Plaintiffs
BAUM SIGMAN AUERBACH & NEUMAN, LTD.
200 West Adams Street, Suite 2200
Chicago, IL 60606-5231
Bar No.: 6278364
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
I:\MIDJ\All American Steel\motion-judgment.pnr.df.wpd