Filed: Apr. 17, 2015
Latest Update: Apr. 17, 2015
Summary: PLAINTIFFS' MOTION FOR ORDER OF DEFAULT AND FOR JUDGMENT IN A SUM CERTAIN JOHN ROBERT BLAKEY , District Judge . Plaintiffs, by and through their attorneys, DONALD D. SCHWARTZ, JAMES R. ANDERSON, GRANT R. PIECHOCINSKI, and ARNOLD AND KADJAN, move this Court to enter an order of default against the Defendants, and judgment in a sum certain. In support of their Motion, the Plaintiffs state as follows: 1. This is an action to recover delinquent fringe benefit fund contributions, liquidated dam
Summary: PLAINTIFFS' MOTION FOR ORDER OF DEFAULT AND FOR JUDGMENT IN A SUM CERTAIN JOHN ROBERT BLAKEY , District Judge . Plaintiffs, by and through their attorneys, DONALD D. SCHWARTZ, JAMES R. ANDERSON, GRANT R. PIECHOCINSKI, and ARNOLD AND KADJAN, move this Court to enter an order of default against the Defendants, and judgment in a sum certain. In support of their Motion, the Plaintiffs state as follows: 1. This is an action to recover delinquent fringe benefit fund contributions, liquidated dama..
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PLAINTIFFS' MOTION FOR ORDER OF DEFAULT AND FOR JUDGMENT IN A SUM CERTAIN
JOHN ROBERT BLAKEY, District Judge.
Plaintiffs, by and through their attorneys, DONALD D. SCHWARTZ, JAMES R. ANDERSON, GRANT R. PIECHOCINSKI, and ARNOLD AND KADJAN, move this Court to enter an order of default against the Defendants, and judgment in a sum certain. In support of their Motion, the Plaintiffs state as follows:
1. This is an action to recover delinquent fringe benefit fund contributions, liquidated damages, interest and other charges due and owing under collective bargaining agreements, declaration of trust, and the applicable provisions of ERISA.
2. The Defendants were served with the Summons and Complaint on October 8, 2014.
3. More than twenty-one days have passed and the Defendant has not served an Answer or any other responsive pleading.
4. According to the Affidavit of Richard Wolf (Ex. A), the Defendant owes $6,745.98 based upon the findings of an audit for the period from March 1, 2010 through August 31, 2014, which consists of $5,305.20 in contributions, $780.78 for liquidated damages, and $760.00 for audit costs. The Defendant also owes $17,126.10 in unpaid liquidated damages for liquidated damages that are owed as a result of contributions not being paid on time. This makes $23,872.08 owed without attorney's fees.
5. According to the Declaration of Grant Piechocinski (Ex B), Plaintiffs incurred $3,726.00 in attorney's fees and costs. This makes $27,598.08 owed with attorney's fees.
6. Correspondence with the Fund office reveals that TPL Sign Services made a payment on December 3, 2014 for $2,704 for amounts owed on the audit.
7. This leaves a remaining balance of $24,894.08 owed on the audit including attorney's fees for the audit period of March 1, 2010 through August 31, 2014.
WHEREFORE, Plaintiffs pray that this Court grant the following relief:
A. That the Court enter an order of Default; and
B. That this Court enter final judgment in favor of Plaintiffs, and against the Defendants, Timothy Lauerman individually, and d/b/a TPL Sign Services, Inc. a dissolved corporation in the amount of $24,894.08 for the audit period of March 1, 2010 through August 31, 2014.
EXHIBIT B
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
TRUSTEES OF THE CHICAGO PAINTERS AND
DECORATORS WELFARE FUND, et al
Plaintiffs, Case No. 14-cv-7196
v.
TIMOTHY P. LAUERMAN, Individually and d/b/a
TPL SIGN SERVICES, INC., a dissolved Illinois
Corporation,
Judge Blakey
Defendant.
DECLARATION
Grant R. Piechocinski states as follows:
1. Declarant is an associate at Arnold and Kadjan.
2. The total amount of hours worked 11 hours in litigation in this matter, which breaks down as follows:
• 3.0 hours drafting a complaint
• 1.5 hours drafting a motion for default
• 1.5 hours drafting reassignment status report
• 2.0 hours on court status
• 3.0 hours in correspondence/phone calls to obtain documents for the audit, and attempts to resolve litigation
3. Our normal rate is $300.00 an hour.
4. Our firm charged the Trustees of the Chicago Painters and Decorators Welfare Fund, et al. $3,300 in fees in this matter.
5. Our firm charged $350.00 for court filing fee and $76.00 in process service fee.
6. Total fees and costs are $3,726.00
I declare under penalty of perjury under the laws of the State of Illinois and the United States that the foregoing is true and correct. Signed this 17th day of April 2015 in Chicago, Illinois.
Grant Piechocinski
EXHIBIT B
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
TRUSTEES OF THE CHICAGO PAINTERS AND
DECORATORS WELFARE FUND, et al
Plaintiffs, Case No. 14-cv-7196
v.
TIMOTHY P. LAUERMAN, Individually and d/b/a
TPL SIGN SERVICES, INC., a dissolved Illinois
Corporation,
Judge Blakey
Defendant.
AFFIDAVIT
I, Richard J. Wolf, upon being first duly sworn, on oath deposes and states:
1. Affiant is President of the auditing firm of Richard J. Wolf & Company, Inc.
2. Our firm completed compliance audits for the Trustees of the Chicago Painters and Decorators, et. al., on TPL Sign Services, Inc. for the period March 1, 2010 through August 31, 2014.
3. The audit report found arrears owing to the Trustees of the Chicago Painters and Decorators, et. al., in the amount of $5,205.20 in benefits, $780.78 liquidated damages and $760.00 in audit costs for a total amount due on the audit of $6,745.98. Inspection of the records of the Funds revealed that the Defendant owes $17,126.10 in unpaid liquidated damages for work months from through
4. The total due the Plaintiffs including arrears, and liquidated damages of 15 percent, but excluding attorney's fees and court costs is $23,872.08 for Chicago Painters and Decorators, et. al.
5. Affiant is not currently suffering any infirmities and is competent to testify to all the foregoing.
FURTHER AFFIANT SAYETH NOT.
Richard J. Wolf
SUBSCRIBED AND SWORN to
before me this 18th day
of April, 2015.
Notary Public
OFFICIAL SEAL
LAURA TRLAK
Notary Public - State of Illinois.
My Commission Expires Oct 1, 2017
JUDGMENT ORDER
This cause, coming to be heard upon Plaintiffs' Motion for Judgment in a Sum Certain, all parties having notice,
IT IS HEREBY ORDERED THAT:
A. The Defendants are in default.
B. Final judgment is entered in favor of Plaintiffs and against the Defendants, Timothy Lauerman individually, and d/b/a TPL Sign Services a dissolved corporation in the amount of $24,894.08. The judgment amount is limited to the period from March 1, 2010 through August 31, 2014.
Enter: _______________________________
Hon. John Robert Blakey
Date: _______________________________
DONALD D. SCHWARTZ
JAMES R. ANDERSON
GRANT R. PIECHOCINSKI
ARNOLD AND KADJAN
203 North LaSalle Street, Suite 1650
Chicago, Illinois 60601
(312) 477-7665
