Unite Here Health et al v. Le Perigord, Inc.

Filing 45

MOTION by Plaintiffs Unite Here Health, Matthew Walker for judgment (Finnegan, Laura)

Case: 1:17-cv-06865 Document #: 45 Filed: 06/05/19 Page 1 of 3 PageID #:216

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

UNITE HERE HEALTH, et al.,
Plaintiffs,
vs.
LE PERIGORD, INC., d/b/a LE PERIGORD
RESTAURANT,
Defendant.

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CIVIL ACTION
NO. 17 C 6865
JUDGE ANDREA R. WOOD

MOTION FOR ENTRY OF JUDGMENT
Plaintiffs, by and through their attorneys, default having been entered against the Defendant
on November 20, 2018, request this Court enter judgment against Defendant, LE PERIGORD, INC.,
d/b/a LE PERIGORD RESTAURANT. In support of this Motion, Plaintiffs state:
1.

On November 20, 2018, 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 January 1, 2015 through March 11, 2017. The Court also entered an order that
judgment would be entered after the completion of the audit.
2.

On or about April 15, 2019, Plaintiffs’ auditors completed the audit. Preliminary

findings were sent to the Defendant’s attorney on April 15, 2019. The final audit findings were sent
to the Defendant’s attorney on May 17, 2019. The audit findings show that the Defendant is
delinquent in contributions to the Funds in the amount of $158,741.09. (See Affidavit of Debbie
Sippos).

Case: 1:17-cv-06865 Document #: 45 Filed: 06/05/19 Page 2 of 3 PageID #:217

3.

Additionally, the amount of $31,748.21 is due for liquidated damages and $3,531.88

is due for interest. (Sippos Aff. Par. 4). Plaintiffs' auditors charged Plaintiffs $4,168.05 to perform
the audit examination and complete the report (Sippos Aff. Par. 5).
4.

In addition, Plaintiffs’ firm has expended $1,148.59 for costs and $11,875.00 for

attorneys’ fees in this matter. (See Affidavit of Laura M. Finnegan).
5.

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

total amount of $211,212.82.
WHEREFORE, Plaintiffs respectfully request this Court to enter judgment in the amount of
$211,212.82.

/s/ Laura M. Finnegan

Laura M. Finnegan
Attorney for Plaintiffs
BAUM SIGMAN AUERBACH & NEUMAN, LTD.
200 West Adams Street, Suite 2200
Chicago, IL 60606-5231
Bar No.: 6210637
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
I:\HEREW\Le Perigord\#27665\motion-judgment.lmf.df.wpd

Case: 1:17-cv-06865 Document #: 45 Filed: 06/05/19 Page 3 of 3 PageID #:218

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 participants on or before the hour of 5:00 p.m. this 5th day of June
2019:
Mr. Georges Briguet
415 E. 52nd Street, Apartment 5JC
New York, NY 10022
Mr. Christopher P. Briguet
15847 81st Street
Howard Beach, NY 11414-2920
I further certify that I have served the above-referenced document by both United States Mail
and Email to the following non-CM-ECF participant on or before the hour of 5:00 p.m., this 5th day
of June 2019:
Mr. Michael Ferrari
Farber Schneider Ferrari, LLP
261 Madison Avenue, 26th Floor
New York, NY 10016-2303
[e-mail]

/s/ Laura M. Finnegan

Laura M. Finnegan
Attorney for Plaintiffs
BAUM SIGMAN AUERBACH & NEUMAN, LTD.
200 West Adams Street, Suite 2200
Chicago, IL 60606-5231
Bar No.: 6210637
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
I:\HEREW\Le Perigord\#27665\motion-judgment.lmf.df.wpd