MOTION FOR ENTRY OF JUDGMENT
EDMOND E. CHANG, District Judge.
Plaintiffs, by and through their attorneys, default having been entered against the Defendant on December 13, 2017, request this Court enter judgment against Defendant, DE GRAF CONCRETE CONSTRUCTION, INC. In support of that Motion, Plaintiffs state:
1. On December 13, 2017, 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 September 2017 forward. The Court also entered an order that judgment would be entered after Defendant submitted the required reports and Plaintiffs determined the amounts due and owing from Defendant.
2. On January 9, 2018, Plaintiffs filed their motion for an order setting a hearing on a rule to show cause as a result of Defendant's failure to submit its required monthly fringe benefit contribution reports for September 2017 forward, pursuant to this Court's December 13, 2018 Order. The motion was set for hearing on January 17, 2018.
3. On January 17, 2018, this Court granted Plaintiffs' motion, set an additional deadline of January 29, 2018 for Defendant to comply with the Order entered on December 13, 2018 and ordered that if Defendant failed to comply by January 29, 2018, the Court would conduct a hearing on February 9, 2018, which Defendant, by and through its President, Michael G. Pirron, was required to appear and show cause why he should not be held in contempt of court.
4. On January 22, 2018, Defendant submitted its monthly fringe benefit contribution reports for September 2017 through December 2017 directly to the Plaintiffs' Funds' office. The contribution reports show that the Defendant was delinquent in contributions to the Funds in the amount of $22,011.52. (See Affidavit of Deborah L. French).
5. On January 29, 2018, Plaintiffs' counsel received payment of the fringe benefit contributions due for September 2017 through December 2017 in the amount of $22,011.52.
6. Due to the untimely payment of the fringe benefit contributions due for September 2017 through December 2017, Plaintiffs have assessed liquidated damages against the Defendant in the amount of $2,201.15. (French Aff. Par. 6).
7. Pursuant to the Trust Agreements, a liquidated damages surcharge has been assessed against the Defendant in the amount of one and one-half (1.5%) percent of the total contributions untimely received for the months of November 2016 through August 2017, compounded monthly at one and one-half (1.5%) percent, for the period accrued through December 31, 2017, in the total amount of $1,384.19. (French Aff. Par. 7).
8. In addition, Plaintiffs' firm has expended the amount of $485.00 for costs and $2,002.50 for attorneys' fees, for a total of $2,487.50, in this matter. (See Affidavit of Catherine M. Chapman).
9. Based upon the documents attached hereto, Plaintiffs request entry of judgment in the total amount of $6,072.84.
WHEREFORE, Plaintiffs respectfully request this Court to enter judgment in the amount of
JUDGMENT ORDER
This matter coming on to be heard upon the Motion of Plaintiffs, by their counsel, it appearing to the Court that the Defendant, DE GRAF CONCRETE CONSTRUCTION, INC., an Illinois corporation, having been regularly served with process and having failed to appear, plead or otherwise defend, and default of said Defendant having been taken, the Court, first being fully advised in the premises and upon further evidence submitted herewith, FINDS:
1. It has jurisdiction of the subject matter herein and of the parties hereto.
2. The Defendant is bound by the terms of the collective bargaining agreement referred to in Plaintiffs' Complaint.
3. The Defendant is obligated to report and pay contributions to each of the Plaintiff Funds on behalf of its bargaining unit employees in accordance with the collective bargaining agreement.
4. The Defendant is bound by all the terms and conditions set forth in the Agreements and Declarations of Trust governing the Plaintiff Funds.
5. Defendant has submitted monthly contribution reports to the Plaintiffs identifying employees of the Defendant who performed work covered by the collective bargaining agreement, and the number of hours worked by or paid to those employees for the months of September 2017 through December 2017. Said monthly contribution reports establish that Defendant owes the Plaintiffs $22,011.52 for contributions and $2,201.15 for liquidated damages, for a total of $24,212.67.
6. On January 29, 2018, Plaintiffs' counsel received payment of the fringe benefit contributions due for September 2017 through December 2017 in the amount of $22,011.52.
7. Pursuant to the Trust Agreements, a liquidated damages surcharge has been assessed against the Defendant in the amount of one and one-half (1.5%) percent of the total contributions untimely received for the months of November 2016 through August 2017, compounded monthly at one and one-half (1.5%) percent, for the period accrued through December 31, 2017, in the total amount of $1,384.19.
8. Plaintiffs are entitled to audit the payroll books and records of Defendant to verify the accuracy of the monthly reports referred to herein and to determine what additional amounts may be due and owing to Plaintiffs.
9. Defendant has failed to timely pay all contributions required to be made to the Plaintiff Funds. Accordingly, as provided in the Agreements and Declarations of Trust governing the respective Funds, 29 U.S.C. §1132(g)(2) and 28 U.S.C. §1961, Plaintiffs are entitled to recover:
(a) liquidated damages and interest on all contributions paid late or remaining unpaid;
(b) the cost of auditing the payroll books and records of Defendant;
(c) the costs and expenses of the Trustees, including their reasonable attorneys' fees;
(d) post-judgment interest; and
(e) costs and attorneys' fees incurred in executing on, or otherwise collecting, this judgment.
10. Plaintiffs have incurred costs totaling $485.00 and reasonable attorneys' fees totaling $2,002.50.
11. There is no just cause for delay in the entry of a Judgment Order as to the sum of $6,072.84 owed to the Plaintiffs from Defendant.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED:
A. That Plaintiffs recover from the Defendant, DE GRAF CONCRETE CONSTRUCTION, INC., an Illinois corporation, the sum of $3,585.34 for liquidated damages.
B. That Plaintiffs recover from the Defendant, DE GRAF CONCRETE CONSTRUCTION, INC., an Illinois corporation, the sum of $485.00 for their costs and $2,002.50 as and for Plaintiffs' just and reasonable attorneys' fees.
C. That Plaintiffs recover from the Defendant, DE GRAF CONCRETE CONSTRUCTION, INC., an Illinois corporation, the total sum of $6,072.84, plus post-judgment interest on said amount at the rate required by 28 U.S.C. §1961.
D. That Plaintiffs are awarded their costs and attorneys' fees to execute on, or otherwise collect this judgment.
