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.

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

AFFIDAVIT
STATE OF ILLINOIS
COUNTY OF COOK

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CATHERINE M. CHAPMAN, being first duly sworn upon her oath, deposes and states:
1.

I am one of the attorneys for the Plaintiffs in the above-entitled action, I have personal

knowledge of the facts regarding this matter and the time expended in the prosecution of this action
now pending in the United States District Court and, if called as a witness, I am competent to testify
in respect thereto.
2.

I and my associates have expended 11.75 hours in the prosecution of the above-

entitled action, including the initial investigation and preparation of the Complaint, preparation of
correspondence to the Defendant and Plaintiffs’ process server, email communications with Plaintiff
Funds, various court appearances, preparation of a motion for entry of default and order to turn over
reports, motion for an order setting a hearing on a rule to show cause, body attachment and writ of

attachment, and preparing and filing of the instant Motion for Entry of Judgment, including
Affidavits in support thereof.
3.

I and my associates routinely spend approximately one-half hour appearing for a

telephone hearing on a motion for entry of judgment. Based on this experience, I estimate that the
Funds will incur one-half additional hour of attorneys’ fees to appear for the telephone hearing on
the instant motion for entry of judgment.
4.

I have in my possession a complete written record of the hours expended and costs

incurred in the prosecution of this action in the form of client billing records which specify the
various activities of Counsel required in the litigation of this matter and confirms the number of
hours expended and costs incurred as set forth above.
5.

The usual and normal hourly charges by Affiant’s law firm for Federal Court

litigation under the Labor-Management Relations Act and the Employee Retirement Income Security
Act of 1974 range from $70.00 to $96.00 per hour for paralegals, $165.00 to $207.00 per hour for
associates and from $210.00 to $320.00 per hour for partners based on their level of experience.
6.

To the best of my knowledge and belief, the rates charged per hour are less than or

equal to the usual and customary rates charged by other law firms doing similar work in the United
States District Court for the Northern District of Illinois.
7.

Plaintiffs have incurred costs related to the prosecution of this action consisting of

$402.00 for their court filing fee and $185.00 to serve Defendant.
8.

Section 502(g)(2) of the Employee Retirement Income Security Act of 1974, as

amended, 29 U.S.C. Section 1132(g)(2) provides that the Court must award a Plaintiff its costs and
reasonable attorneys’ fees:
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In any action under this title by a fiduciary for or on behalf of a plan to enforce Section 515
in which a judgment in favor of the plan is awarded, the Court shall award the plan...(D)
reasonable attorneys’ fees and costs of the action, to be paid by the defendant....
9.

Furthermore, the Trust Agreements governing the Funds, and to which Defendant is

bound, provide for payment by the Defendant of all costs of collection, including audit and attorneys'
fees incurred by the Plaintiffs.
10.

I make this Affidavit in support of the Plaintiffs’ Motion for Entry of Judgment and

an award of Plaintiffs' costs totaling $587.00 and Plaintiffs’ reasonable attorneys’ fees in the sum
of $1,766.25.
FURTHER AFFIANT SAYETH NOT.

/s/ Catherine M. Chapman
SUBSCRIBED AND SWORN
TO before me this 25th
day of May 2021.
/s/ Deborah A. Farrell
NOTARY PUBLIC
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CERTIFICATE OF SERVICE
The undersigned, an attorney of record, hereby certifies that she electronically filed the
foregoing document (Affidavit of Catherine M. Chapman) 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]
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