Carpenters Fringe Benefit Funds of Illinois et al v. Alca, Inc.

Filing 16

MOTION by Plaintiffs Angelica B. Ambrose, Carpenters Fringe Benefit Funds of Illinois for judgment (Final) (Scanlon, Cecilia)

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

CARPENTERS FRINGE BENEFIT
FUNDS OF ILLINOIS, et al.,
Plaintiffs,
vs.
ALCA, INC., an Illinois corporation,
Defendant.

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CIVIL ACTION
NO. 17 C 6523
JUDGE ANDREA R. WOOD

MOTION FOR ENTRY OF FINAL JUDGMENT
Plaintiffs, by and through their attorneys, judgment having been entered against the
Defendant on November 13, 2017, request this Court enter final judgment against Defendant, ALCA,
INC. In support of the Motion, Plaintiffs state:
1.

On November 13, 2017, this Court entered judgment against Defendant in the amount

of $9,835.16, plus post-judgment interest on said amount at the rate required by 28 U.S.C. §1961.
The Court also entered an order directing Defendant to submit its monthly fringe benefit contribution
report for September 2017. Finally, the Court also entered an order that final judgment would be
entered once Defendant submitted the required monthly fringe benefit contribution reports and
Plaintiffs determined the additional amounts due and owing from Defendant.
2.

On November 13, 2017, Plaintiffs’ counsel wrote to Defendant enclosing a copy of

the Judgment Order entered on November 13, 2017 and requesting Defendant submit its monthly
fringe benefit contribution report for September 2017 within seven (7) days.

3.

On or about November 27, 2017, Plaintiffs’ counsel was notified that Defendant

submitted its monthly fringe benefit contribution reports for September 2017 and October 2017,
without payment of the fringe benefit contributions and liquidated damages due thereon.
4.

Defendant submitted monthly fringe benefit contribution reports to the Plaintiffs

identifying employees of the Defendant who performed work covered by the collective bargaining
agreement, and the number of hours worked by or paid to those employees for the months of March
2017 through October 2017. Said monthly contribution reports establish that Defendant owes the
Plaintiffs the amount of $14,653.36 for contributions and $1,465.34 for liquidated damages, for a
total of $16,118.70.
6.

That pursuant to the Trust Agreements, a liquidated damages surcharge has been

assessed against the Defendant in the amount of one and one-half (1.5%) percent of the total
contributions untimely received, compounded monthly at one and one-half (1.5%) percent, for the
period accrued through October 31, 2017, in the total amount of $1,073.78.
7.

On or about September 29, 2017, Defendant submitted a partial payment of $5,007.69

towards amounts due and owing.
8.

In addition, Plaintiffs’ firm has expended $440.00 in costs and $1,237.50 in attorneys’

fees, for a total of $1,677.50, in this matter. (See Affidavit of Catherine M. Chapman).
9.

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

in the total amount of $13,862.29.
WHEREFORE, Plaintiffs respectfully request this Court to enter final judgment in the
amount of $13,862.29.
/s/ Cecilia M. Scanlon
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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 Final 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 5th day
of December 2017:
Illinois Corporation Service Corp.,
Registered Agent for Alca, Inc.
801 Adlai Stevenson Drive
Springfield, IL 62703
Mr. David C. Pasquinelli, President
Alca, Inc.
161 Tower Drive, Unit F
Burr Ridge, IL 60527-5776

/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]
E-Mail: [e-mail]
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