PLAINTIFFS' MOTION FOR A SUPPLEMENTAL JUDGMENT

CHARLES R. NORGLE, Sr., District Judge.

Plaintiffs Terrence J. Hancock1, Timothy P. Dunlap, John Lisner, Dale Bolt, Brad Webb, James Buik, Michael I. Richardson, and Edward DeNormandie, as Trustees of the Local No. 731, I.B. of. T., Garage Attendants, Linen and Laundry Health and Welfare Fund, and Terrence J. Hancock, John Lisner, Timothy P. Dunlap, Michael Richardson, Steve Vogrin, and Thomas J. Yonker, as Trustees of the Local No. 731, I.B. of T., Private Scavengers and Garage Attendants Pension Trust Fund (collectively, "Funds"), through their attorneys Dowd, Bloch, Bennett, Cervone, Auerbach & Yokich, respectfully move this Court for a supplemental judgment. In support of the motion, the Funds state as follows:

1. This is an action to collect delinquent contributions, plus related interest, liquidated damages, and attorneys' fees that Shepherd Motorcars Corporation d/b/a Volvo of Oak Park ("Defendant" or "Company") failed to remit to the Funds in violation of 29 U.S.C. § 1145 and 29 U.S.C. § 185.

2. On August 21, 2015, the Court entered a default judgment against Defendant in the amount of $131,451.24. Final Judmt. Order [Doc. No. 44].

3. As of the date of this order, the Defendant has not made any payments towards the judgment.

4. The judgment against the Defendant included the attorneys' fees and costs incurred by the Funds as of August 12, 2015, which totaled $31,079.21. Final Judmt. Order.

5. The Funds have now incurred a total of $44,127.57 in attorneys' fees and costs as a result of the delinquency that is the subject of this litigation. Supp. Aff. Rowe, a copy of which is attached hereto as Exhibit A, ¶¶ 6, 7, 11-15.

6. Thus, the Funds have incurred an additional $13,048.36 in attorneys' fees and costs that were not included in the judgment entered against the Defendants.

7. The Funds incurred those additional attorneys' fees and costs enforcing their judgment against the Defendant, which the Defendant did not voluntarily satisfy.

8. Specifically, the Funds' efforts to enforce the judgment have included a citation to discover asset issued to Defendant, a citation examination of Defendant, issuing a third-party citations to five different banks where Defendant has held accounts, reviewing the documents produced by all five banks, taking the citation examination of Defendant's Vice President, and conducting research for and preparing a motion for turnover order and a motion to set aside fraudulent transfers. Ex.A, Supp. Aff. Rowe, ¶ 9.

9. Pursuant to 29 U.S.C. § 1132(g)(2), the Funds are entitled to the "reasonable attorneys' fees and costs of [an] action" to collect delinquent contributions; the attorneys' fees and costs that the Funds incurred enforcing their judgment directly resulted from this action, and the Funds are therefore entitled to those additional fees and costs under 29 U.S.C. § 1132(g)(2).

WHEREFORE, the Funds respectfully move this Court to enter a supplemental judgment order for $13,048.36 in attorneys' fees and costs, in the form of the proposed order submitted to the Court.

Exhibit A

SUPPLEMENTAL AFFIDAVIT OF ELIZABETH L. ROWE

I, Elizabeth L. Rowe, of full age, being duly sworn on my oath, hereby depose and say as follows:

1. I am an attorney admitted to the General Bar of this Court and the State of Illinois.

2. Since March 2014, I have been an associate in the firm Dowd, Bloch, Bennett, Cervone, Auerbach & Yokich, where I practice exclusively in the areas of labor, employment, and employee benefits law. In my position at the Firm, I represent the Plaintiffs in Case Number 14-cv-6036.

3. This affidavit is based on my personal knowledge and, if necessary, I could testify to the facts contained in this affidavit.

4. The rate which our firm charges the Funds is $240.00 per hour for partners' work; $175.00 per hour for work completed by me and other associates; and $90.00 per hour for law clerks' work. I believe these rates are reasonable in light of the Firm's experience and the nature of the ease.

5. Through December 7, 2015, the Firm has devoted a total of 229.70 billable hours to the representation of the Local No. 731, I.B. of T., Private Scavengers Health and Welfare Fund and the Local No. 731, I.B. of T., Private Scavengers and Garage Attendants Pension Fund (collectively, "Funds") in connection with this case.

6. Based on the above rates and 229.70 hours of work through December 7, 2015, the Funds have incurred attorneys' fees of $39,898.75 related to this case.

7. In addition to attorneys' fees, the Funds have incurred costs in the amount of $1,915.42 comprised of $400 in filing fees, $80 in service fees, $65.95 in postage and shipping costs, $1,215.07 in photocopying and document production expenses, $99.75 in court reporting fees and $54.65 for LEXIS research fees.

8. The Final Judgment Order entered in this case on August 21, 2015 awarded the Funds $31,079.21 for attorneys' fees and costs incurred by the Funds with respect to this lawsuit.

9. Since August 21, 2015, the Funds have incurred attorneys' fees or work including preparing citations to discover assets to the Defendant, preparing third-party citations to discover assets to five banks at which the Defendant has held accounts, communicating with banks third-party citation respondents regarding their citation responses, reviewing thousands of pages of documents produced in response to those citations, preparing for and taking Defendant's citation examination, conducting research and preparing a motions for turnover order and a motion to set aside fraudulent transfers, preparing this motion for a supplemental judgment, and communicating with Defendant regarding cooperation and compliance with the judgment. Had the Funds not thoroughly reviewed the thousands of pages produced by Defendant's banking institutions, they would not have known to issue a third-party citation to ABC Bank, where Defendants conducted transactions that the Funds have moved to set aside as fraudulent.

10. Attached as Exhibit 1 are invoices for this case through December 7, 2015, reflecting total attorneys' fees of $39,898.75 and costs of $1,215.07 related to this case, which have been or will be billed to the Funds.

11. Since December 7, 2015 the Firm has devoted an additional 12.5 hours to resolving this case, including reviewing, revising, and supplementing this affidavit, the motion for supplemental judgment, drafting, reviewing and revising the motion to set aside fraudulent transfers and the proposed judgment orders, and electronically filing those documents, and has received an additional invoice for court reporting fees in the amount of 343.75.

12. Consequently, the Funds have incurred an additional $2,488.75 in attorneys' fees and costs for services provided from December 8, 2015 through the date this affidavit is filed.

13. I anticipate that, after filing the motion for a supplemental judgment and related documents and submitting the proposed judgment order, I will devote at least three additional hours to this case, in preparing for and attending the hearing on the motion for supplemental judgment and the motion for turn over orders, examining any orders that the Court may enter, and informing my clients and the Defendant of the results.

14. The Funds will therefore incur an additional $525.00 in attorneys' fees for services provided after the date this affidavit is filed.

15. Accordingly, the amount of attorneys' fees and costs incurred by the Funds as a result of this action, less the $31,079.21 in attorneys' fees and costs included in the Final Judgment Order previously entered by the Court, will be $13,048.36, as follows:

I have read the foregoing and swear that it is true and correct to the best of my knowledge, information, and belief.

Elizabeth L. Rowe Subscribed and sworn to before me this 9TH day of December, 2015 Notary Public