Hancock et al v. Midwest REM Enterprises, Inc.

Filing 32

MOTION by Plaintiffs Terry Barnett, Dale A. Bolt, William H. Collins, Terrence J. Hancock, Health and Welfare Fund of the Excavating, Grading and Asphalt Craft Local No. 731, Illinois Teamsters Joint Council No. 25 and Employers Apprenticeship & Tra ining Fund, Labor/Management Cooperation Committee Task Force Fund, John J. Lisner, Local 731, I.B. of T., Excavators and Pavers Pension Trust Fund, David M. Snelten, Teamsters Local Union No. 731 Educational/Scholarship Fund for judgment (Finnegan, Laura)

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

TERRENCE J. HANCOCK, et al.,
Plaintiffs,
vs.
MIDWEST REM ENTERPRISES, INC.,
an Illinois corporation,
Defendant.

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CIVIL ACTION
NO. 18 C 3304
CHIEF JUDGE REBECCA R. PALLMEYER

MOTION FOR ENTRY OF JUDGMENT
Plaintiffs, by and through their attorneys, default having been entered against the Defendant,
MIDWEST REM ENTERPRISES, INC., an Illinois corporation, on July 17, 2018, request this Court
enter judgment against Defendant. In support of this Motion, Plaintiffs state:
1.

On July 17, 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. The Court also
entered an order that judgment would be entered after the completion of the audit.
2.

On May 2, 2019, Plaintiffs’ auditors completed the audit. The audit findings show

that the Defendant is delinquent in contributions to the Funds in the amount of $228,028.12. (See
Affidavit of Richard J. Clarson).
3.

Additionally, the amount of $41,613.48 is due for liquidated damages (Clarson Aff.

Par. 9) and $26,531.75 is due for interest (Clarson Aff. Par. 10). Plaintiffs' auditing firm of MacNell
Accounting and Consulting, L.L.P. charged Plaintiffs $1,600.50 to perform the audit examination
and complete the report (Clarson Aff. Par. 11).

4.

In addition, Plaintiffs’ firm has expended $752.37 for costs and $6,940.00 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 $305,466.22.
WHEREFORE, Plaintiffs respectfully request this Court to enter judgment in the amount of
$305,466.22.

/s/ Laura M. Finnegan

Laura M. Finnegan
Attorney for the 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]

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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 11th day of
September 2019:
Mr. Alberto Ramirez, Registered Agent
Midwest REM Enterprises, Inc.
2601 W. LeMoyne
Melrose Park, IL 60160-1831
Mr. Albert Ramirez, President
Midwest REM Enterprises, Inc.
26W214 Pinehurst
Winfield, IL 60190-2328
Ms. Andrea E. Gambino
Law Offices of Andrea E. Gambino
53 W. Jackson Boulevard, Suite 1332
Chicago, IL 60604-3709

/s/ Laura M. Finnegan

Laura M. Finnegan
Attorney for the 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]
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