Carpenters Fringe Benefit Funds of Illinois et al v. De Graf Concrete Construction, Inc.

Filing 20

MOTION by Plaintiffs Angelica B. Ambrose, Carpenters Fringe Benefit Funds of Illinois for judgment (Attachments: # 1 Text of Proposed Order)(Scanlon, Cecilia)

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

CARPENTERS FRINGE BENEFIT
FUNDS OF ILLINOIS, et al.,

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)
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Plaintiffs,
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vs.
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DE GRAF CONCRETE CONSTRUCTION,)
INC., an Illinois corporation,
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Defendant.
)

CIVIL ACTION
NO. 17 C 6801
JUDGE EDMOND E. CHANG

MOTION FOR ENTRY OF JUDGMENT
Plaintiffs, by and through their attorneys, default having been entered against the Defendant
on December 13, 2017, request this Court enter judgment against Defendant, DE GRAF
CONCRETE CONSTRUCTION, INC. In support of that Motion, Plaintiffs state:
1.

On December 13, 2017, this Court entered default against Defendant and granted

Plaintiffs’ request for an order directing Defendant to turn over its monthly fringe benefit
contribution reports for September 2017 forward. The Court also entered an order that judgment
would be entered after Defendant submitted the required reports and Plaintiffs determined the
amounts due and owing from Defendant.
2.

On January 9, 2018, Plaintiffs filed their motion for an order setting a hearing on a

rule to show cause as a result of Defendant’s failure to submit its required monthly fringe benefit
contribution reports for September 2017 forward, pursuant to this Court’s December 13, 2018 Order.
The motion was set for hearing on January 17, 2018.

3.

On January 17, 2018, this Court granted Plaintiffs’ motion, set an additional deadline

of January 29, 2018 for Defendant to comply with the Order entered on December 13, 2018 and
ordered that if Defendant failed to comply by January 29, 2018, the Court would conduct a hearing
on February 9, 2018, which Defendant, by and through its President, Michael G. Pirron, was required
to appear and show cause why he should not be held in contempt of court.
4.

On January 22, 2018, Defendant submitted its monthly fringe benefit contribution

reports for September 2017 through December 2017 directly to the Plaintiffs’ Funds’ office. The
contribution reports show that the Defendant was delinquent in contributions to the Funds in the
amount of $22,011.52. (See Affidavit of Deborah L. French).
5.

On January 29, 2018, Plaintiffs’ counsel received payment of the fringe benefit

contributions due for September 2017 through December 2017 in the amount of $22,011.52.
6.

Due to the untimely payment of the fringe benefit contributions due for September

2017 through December 2017, Plaintiffs have assessed liquidated damages against the Defendant
in the amount of $2,201.15. (French Aff. Par. 6).
7.

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 for the months of November 2016 through August 2017, compounded monthly
at one and one-half (1.5%) percent, for the period accrued through December 31, 2017, in the total
amount of $1,384.19. (French Aff. Par. 7).
8.

In addition, Plaintiffs’ firm has expended the amount of $485.00 for costs and

$2,002.50 for attorneys’ fees, for a total of $2,487.50, in this matter. (See Affidavit of Catherine M.
Chapman).
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9.

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

total amount of $6,072.84.
WHEREFORE, Plaintiffs respectfully request this Court to enter judgment in the amount of
$6,072.84.

/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]
I:\CarpsJ\De Graf Concrete\motion-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 5th day of February
2018:
Mr. Michael G. Pirron, Registered Agent/President
De Graf Concrete Construction, Inc.
300 Alderman Avenue
Wheeling, IL 60090

/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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