Central Laborers Pension Fund et al v. Merryman Excavation, Inc.

Filing 11

MOTION by Plaintiffs Central Illinois Industry Advancement Fund, Central Laborers Annuity Fund, Central Laborers Pension Fund, Central Laborers Welfare Fund, Illinois Laborers' & Contractors Training Trust Fund, Laborers of Illinois Vacation Fun d, Laborers' Local Union 32, Laborers-Employers Cooperation Education Trust, Market Promotion Fund, Midwest Region Foundation For Fair Contracting, North Central Illinois Health and Welfare Fund, Northern Illinois Annuity Fund, Organizational Fu nd for entry of default , MOTION by Plaintiffs Central Illinois Industry Advancement Fund, Central Laborers Annuity Fund, Central Laborers Pension Fund, Central Laborers Welfare Fund, Illinois Laborers' & Contractors Training Trust Fund, Laborers of Illinois Vacation Fund, Laborers' Local Union 32, Laborers-Employers Cooperation Education Trust, Market Promotion Fund, Midwest Region Foundation For Fair Contracting, North Central Illinois Health and Welfare Fund, Northern Illinois Annuity Fund, Organizational Fund for judgment (Attachments: # 1 Exhibit Return of Service)(Scanlon, Cecilia)

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

CENTRAL LABORERS PENSION
FUND, et al.,
Plaintiffs,
vs.
MERRYMAN EXCAVATION, INC.,
an Illinois corporation, a/k/a
MERRYMAN CO.,
Defendant.

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CIVIL ACTION
NO. 17 C 8313
JUDGE AMY J. ST. EVE

MOTION FOR ENTRY OF DEFAULT AND JUDGMENT
NOW COME Plaintiffs, by their attorneys, and move for entry of judgment by default against
Defendant, MERRYMAN EXCAVATION, INC., an Illinois corporation, a/k/a MERRYMAN CO.,
in the total amount of $11,821.74, plus Plaintiffs’ court costs and reasonable attorneys’ fees in the
amount of $2,786.25.
On November 27, 2017, the Summons and Complaint was served on the Registered Agent
by tendering a copy of said documents to him personally at his place of business (a copy of the
Summons and Affidavit of Service is attached hereto). Therefore, Defendant’s answer was due on
December 18, 2017. As Defendant has failed to timely answer the Complaint, Plaintiffs respectfully
request entry of default and judgment.

/s/ Cecilia M. Scanlon

Cecilia M. Scanlon
Attorney for 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:\CLJ\Merryman\#27584\motion for entry of default and 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) 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 21st day of March 2018:
Mr. Patrick H. Merryman, Registered Agent/President
Merryman Excavation, Inc.
1501 Lamb Road
Woodstock, IL 60098

/s/ Cecilia M. Scanlon

Cecilia M. Scanlon
Attorney for 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:\CLJ\Merryman\#27584\motion for entry of default and judgment.cms.df.wpd