Carpenters Fringe Benefit Funds Of Illinois et al v. ICC Commonwealth Corporation f/k/a International Chimney Corp.

Filing 23

MOTION by Plaintiffs David Bratek, Carpenters Fringe Benefit Funds Of Illinois for judgment (Collins, Destiny)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
CARPENTERS FRINGE BENEFIT
FUNDS OF ILLINOIS, et al.,
Plaintiffs,
vs.
ICC COMMONWEALTH CORPORATION, a New York corporation, f/k/a
INTERNATIONAL CHIMNEY CORP.,
Defendant.

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CIVIL ACTION
NO. 23 C 2138
JUDGE ELAINE E. BUCKLO

MOTION FOR ENTRY OF JUDGMENT
Plaintiffs, by and through their attorneys, default having been entered against the
Defendant on August 1, 2023, request this Court enter judgment against Defendant, ICC
COMMONWEALTH CORPORATION, a New York corporation, f/k/a INTERNATIONAL
CHIMNEY CORP., pursuant to F.R.Civ.P. Rule 55(b). In support of this Motion, Plaintiffs state:
1.

On August 1, 2023, this Court entered default against Defendant and granted

Plaintiffs= request for an order directing Defendant to turn over its monthly fringe benefit
contribution reports for the time period September 2022 forward. The Court also entered an order
that judgment would be entered after Plaintiffs= received the required contribution reports and
determined the amounts due and owing from Defendant.
2.

On September 6, 2023, the Fund Office for the Plaintiff Funds advised they

received Defendant’s monthly fringe benefit contribution reports for the time period December
2022 through May 2023. On September 7, 2023, during a telephone conversation with Defendant,
the company advised it would pay the amounts due for September and October 2022. Defendant

paid the contributions due for November 2022, but shorted the amount due and there remains
$40.61 due and owing (See Affidavit of David Bratek).
3.

Additionally, the amount of $2,345.74 is due for liquidated damages for the

untimely payment of contributions due for the time period April 2022, November 2022 and March
2023 through June 2023. (Bratek Aff. Par. 5).
4.

Defendant submitted a payment of $4,831.28 to Plaintiff Funds for

contributions due for September 2022. Plaintiffs subsequently learned that the check was
fraudulently cashed and accordingly the amount of $4,831.28 for contributions for
September 2022 remains due and owing. (Bratek Aff. Par. 6).
5.

In addition, Plaintiffs= firm has expended $712.00 for costs and $2,172.50 for

attorneys= fees in this matter. (See Affidavit of Catherine M. Chapman).
6.

Based upon the documents attached hereto, Plaintiffs request entry of judgment in

the total amount of $10,102.13.
WHEREFORE, Plaintiffs respectfully request this Court to enter judgment in the amount
of $10,102.13.
/s/ Destiny A. Collins
Destiny A. Collins
Attorneys for the Plaintiffs
BAUM SIGMAN AUERBACH & NEUMAN, LTD.
200 West Adams Street, Suite 1825
Chicago, IL 60606-5250
Bar No.: 6343296
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
i:\carpsj\icc commonwealth\#30246\motion for entry of judgment.dac.df.docx

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 13th day of
November 2023:
Mr. Guillermo Alvarez, President
ICC Commonwealth Corporation
795 Wurlitzer Drive
N. Tonawanda, NY 14120-3039
Mr. Edward Gasiecki, VP
ICC Commonwealth Corporation
795 Wurlitzer Drive
N. Tonawanda, NY 14120-3039

/s/ Destiny A. Collins
Destiny A. Collins
Attorneys for the Plaintiffs
BAUM SIGMAN AUERBACH & NEUMAN, LTD.
200 West Adams Street, Suite 1825
Chicago, IL 60606-5250
Bar No.: 6343296
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
i:\carpsj\icc commonwealth\#30246\motion for entry of judgment.dac.df.docx