Iron Workers' Mid-America Pension Plan et al v. Security Fence Co., Inc. et al

Filing 17

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. 18 C 4124
JUDGE JOHN Z. LEE

MOTION FOR ENTRY OF JUDGMENT
Plaintiffs, by and through their attorneys, default having been entered against the Defendants
on August 14, 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 August 14, 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 January 2018 forward. The Court also entered an order that judgment would
be entered after Defendants submitted the required contribution reports and Plaintiffs determined the
amount due and owing from Defendants.
2.

On or about August 15, 2018, Defendants submitted monthly fringe benefit

contribution reports for the period January 2018 through July 2018 to Plaintiff Funds. Defendants

also remitted full 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 January 2018 through July 2018, Plaintiff Funds assessed liquidated damages in the
total amount of $502.56. (Burke Aff. Par. 5).
4.

In addition, Plaintiffs’ firm has expended the amount of $446.00 in costs and the

amount of $1,314.00 in attorneys’ fees, for a total of $1,760.00. (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 $2,262.56.
WHEREFORE, Plaintiffs respectfully request this Court to enter judgment against
Defendants in the amount of $2,262.56.

/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: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
I:\MIDJ\Security Fence\#27989\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 5th day of
September 2018:
Mr. Jeffrey H. Cole, Registered Agent
Security Fence Co., Inc.
2022 S. Griswold
Peoria, IL 61605-3003
Mr. Jeffrey H. Cole
2022 S. Griswold
Peoria, IL 61605-3003

/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: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
I:\MIDJ\Security Fence\#27989\motion-judgment.pnr.df.wpd