Iron Workers' Mid-America Pension Plan et al v. Security Fence Co., Inc. et al
Filing
12
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.
SECURITY FENCE CO., INC.,
a dissolved Illinois corporation, and
JEFFREY H. COLE, d/b/a SECURITY
FENCE CO., INC.,
Defendants.
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CIVIL ACTION
NO. 17 C 8118
JUDGE CHARLES R. NORGLE, SR.
MOTION FOR ENTRY OF JUDGMENT
Plaintiffs, by and through their attorneys, default having been entered against the Defendants
on January 18, 2018, request this Court enter judgment against Defendants, SECURITY FENCE
CO., INC., a dissolved Illinois corporation, and JEFFREY H. COLE, d/b/a SECURITY FENCE CO.,
INC. In support of that Motion, Plaintiffs state:
1.
On January 18, 2018, this Court entered default against Defendants and granted
Plaintiffs’ request for an order directing Defendants to turn over monthly fringe benefit contribution
reports for the period June 2017 forward. The Court also entered an order that judgment would be
entered after the completion of the audit.
2.
On February 5, 2018, Defendants submitted monthly fringe benefit contribution
reports for the period February 2017 through December 2017 to Plaintiff Funds. Defendants also
remitted payment of the fringe benefit contributions due thereon. (See Affidavit of Joseph J. Burke).
3.
Due to the untimely payment of the fringe benefit contributions due from Defendants
for the period February 2017 through December 2017, Plaintiff Funds assessed liquidated damages
in the amount of $1,171.43. (Burke Aff. Par. 5).
4.
In addition, Plaintiffs’ firm has expended the amount of $446.00 in costs and the
amount of $850.00 in attorneys’ fees, for a total of $1,296.00. (See Affidavit of Catherine M.
Chapman).
5.
Based upon the documents attached hereto, Plaintiffs request entry of judgment
against Defendants in the total amount of $2,467.43.
WHEREFORE, Plaintiffs respectfully request this Court to enter judgment against
Defendants in the amount of $2,467.43.
/s/ Patrick N. Ryan
Patrick N. Ryan
Attorney for the Plaintiffs
BAUM SIGMAN AUERBACH & NEUMAN, LTD.
200 West Adams Street, Suite 2200
Chicago, IL 60606-5231
Bar No.: 6278364
Telephone: (312) 216-2573
Facsimile: (312) 236-0241
E-Mail: pryan@baumsigman.com
I:\MIDJ\Security Fence\#27539\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 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 23rd day of March
2018:
Mr. Jeffrey H. Cole, Registered Agent
Security Fence Co., Inc.
2022 S. Griswold
Peoria, IL 61605
Mr. Jeffrey H. Cole
2022 S. Griswold
Peoria, IL 61605
/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: (312) 216-2573
Facsimile: (312) 236-0241
E-Mail: pryan@baumsigman.com
I:\MIDJ\Security Fence\#27539\motion-judgment.pnr.df.wpd
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