Hancock et al v. Wayne's Trucking, LLC

Filing 16

MOTION by Plaintiffs Dale A. Bolt, William H. Collins, Jonathan Gallagher, Terrence J. Hancock, John J. Lisner, David M. Snelten for judgment (Motion for Entry of Judgment) (Attachments: # 1 Affidavit of Richard Clarson, # 2 Affidavit of Catherine Chapman)(Scanlon, Cecilia)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
TERRENCE J. HANCOCK, et al.,
Plaintiffs,
vs.
WAYNE’S TRUCKING, LLC, an Illinois
limited liability company,
Defendant.

)
)
)
)
)
)
)
)
)
)

CIVIL ACTION
NO. 21 C 178
JUDGE JOHN J. THARP, JR.

AFFIDAVIT

STATE OF ILLINOIS
COUNTY OF COOK

)
) SS
)

RICHARD J. CLARSON, first being duly sworn upon his oath, deposes and says:
1.

I am now, and have since January 1, 2012, been employed as Fund Administrative

Manager by the Trustees of the Health and Welfare Fund of the Excavating, Grading and Asphalt
Craft Local No. 731, Local No. 731, I.B. of T., Excavators and Pavers Pension Trust Fund, and
Teamsters Local Union No. 731 Garage Attendants, Linen and Laundry Health and Welfare Fund
(hereinafter the “Funds”). I have personal knowledge of the matters set forth and, if called as a
witness in these proceedings, I am competent to testify about those matters.
2.

Among my responsibilities and duties, I am charged with keeping and maintaining

records of contributions received by the Plaintiffs from participating employers, maintaining
individual records on each person, firm, and corporation required to make contributions to the
Plaintiffs Funds, receiving and recording contributions reports made by such persons, firms or

corporations, has under my supervision and direction all books, records, documents and papers
relating to such Plaintiffs Funds, and has been delegated the authority by all other Plaintiffs to
coordinate and supervise the recovery of delinquent employer contributions on their behalf, receiving
thereby access to all necessary information.
3.

I have examined the account of Defendant, WAYNE’S TRUCKING, LLC, an Illinois

limited liability company, in the above-entitled action, and state that said, Defendant:
a.

Is required to submit monthly contribution reports accompanied by payment of fringe
benefit contributions, under the terms of a written agreement specifying and
describing such obligation;

b.

Has failed to submit to Plaintiffs the monthly contribution reports and contributions
required of it, or all of them, despite repeated notification from my office to said
Defendant of such delinquency.

4.

Defendant has by its failure to submit the required monthly contribution reports due

for the time periods June 2020 through August 2020 and November 2020 through April 2021,
concealed the number of hours for which contributions are due. Based upon my review of the
Defendant's reporting history, I believe a reasonable estimate of the concealed contributions due for
the aforesaid months is $44,345.61.
5.

The amount of $8,869.13 is due for 20% liquidated damages and $2,134.40 is due

for interest, for a total of $11,003.53.
6.

I am duly authorized by Plaintiffs in the making of this Affidavit, have personal

knowledge of the matters set forth above, and if called as a witness am competent to testify thereto.
7.

I make this Affidavit in support of the application of Plaintiffs for entry of judgment

and request that this Court consider it as proof in support of the allegations contained in the
Complaint and such other facts as herein set forth.
2

FURTHER AFFIANT SAYETH NOT.

/s/ Richard J. Clarson

SUBSCRIBED AND SWORN
TO before me this 26th
day of May 2021.
/s/ Cindy Perna
___________
NOTARY PUBLIC
I:\731exc\Wayne's Trucking\#29289\clarson affidavit-judgment.cms.df.wpd

3

CERTIFICATE OF SERVICE
The undersigned, an attorney of record, hereby certifies that he electronically filed the
foregoing document (Affidavit of Richard J. Clarson) 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 3rd day of June
2021:
Mr. Wayne S. Turman, Registered Agent
Wayne’s Trucking, LLC
24363 Newport Drive
Crete, IL 60417-2626

/s/ Cecilia M. Scanlon

Cecilia M. Scanlon
Attorney for the 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:\731exc\Wayne's Trucking\#29289\clarson affidavit-judgment.cms.df.wpd