Carpenters Pension Fund of Illinois v. Kyler Construction, Inc.

Filing 65

MOTION by Plaintiffs Carpenters Pension Fund of Illinois, Heartland Healthcare Fund for judgment (Attachments: # 1 Exhibit, # 2 Text of Proposed Order Proposed Judgment Order)(Scanlon, Cecilia)

Case: 3:20-cv-50253 Document #: 65 Filed: 05/09/22 Page 1 of 3 PageID #:568

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
WESTERN DIVISION
CARPENTERS PENSION FUND OF
ILLINOIS, et al.,
Plaintiffs,
vs.
KYLER CONSTRUCTION, INC.,
Defendant.

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CIVIL ACTION
NO. 20-cv-50253
MAGISTRATE JUDGE MARGARET J. SCHNEIDER

MOTION FOR ENTRY OF JUDGMENT
Plaintiffs, by and through their attorneys, default having been entered against the Defendant
on January 4, 2022 [Dkt. 54] (copies of the Notification of Docket Entry entered on January 4, 2022
granting Plaintiffs’ motion for entry of default and the Notification of Docket Entry entered on
January 4, 2022 [Dkt. 55] (Clerk’s Entry of Default) are attached hereto), request this Court enter
judgment against Defendant, KYLER CONSTRUCTION, INC., pursuant to F.R.Civ.P. Rule 55(b).
In support of this Motion, Plaintiffs state:
1.

On January 4, 2022, this Court entered default against Defendant.

2.

In or around July 2021, Plaintiffs’ auditors completed audits of the payroll books and

records of Defendant for the time period November 1, 2017 through July 31, 2019. The audit
findings show that the Defendant is delinquent in contributions to the Funds in the amount of
$189,314.92, $18,931.49 for liquidated damages and the additional sum of $107,701.24 for interest,
for a total of $315,947.65. (See Affidavit of David Bratek).

Case: 3:20-cv-50253 Document #: 65 Filed: 05/09/22 Page 2 of 3 PageID #:569

3.

Plaintiffs' auditing firm of MacNell Accounting & Consulting charged Plaintiffs a

total of $1,563.00 to perform the audit examinations and complete the audit reports and the Funds
are entitled to recover said fees under their Trust Agreements (Bratek Aff. Par. 8).
4.

In addition, Plaintiffs’ firms have expended $1,130.00 for costs and $8,515.50 for

attorneys’ fees in this matter. (See Affidavits of Catherine M. Chapman and John P. Leahy).
5.

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

total amount of $327,156.15.
WHEREFORE, Plaintiffs respectfully request this Court to enter judgment in the amount of
$327,156.15.

/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:\CarpsJ\Kyler Construction\motion-judgment AMENDED.cms.df.wpd

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Case: 3:20-cv-50253 Document #: 65 Filed: 05/09/22 Page 3 of 3 PageID #:570

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
and Certified Mail/Return Receipt Requested to the following non-CM/ECF participant on or before
the hour of 5:00 p.m. this 9th day of May 2022:
Mr. Gregory Kyler, Registered Agent/President
Kyler Construction, Inc.
1140 S. Wabash Avenue, #1502
Chicago, IL 60605-2330
Mr. Gregory Kyler
455 E. Waterside Drive, Unit 2309
Chicago, IL 60601-0019

/s/ Cecilia M. Scanlon

Cecilia M. Scanlon
Attorney for 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:\CarpsJ\Kyler Construction\motion-judgment AMENDED.cms.df.wpd