PLAINTIFFS' MOTION FOR JUDGMENT IN A SUM CERTAIN

JOAN HUMPHREY LEKFOW, District Judge.

Plaintiffs, by and through their attorneys, DONALD D. SCHWARTZ, JAMES R. ANDERSON, PAUL M. EGAN, and ARNOLD AND KADJAN, move this Court to enter judgment in a sum certain in favor of Plaintiffs and against the Defendants. In support of their Motion, the Plaintiffs state as follows:

1. This is an action to recover delinquent fringe benefit fund contributions.

2. On September 24, 2014, Plaintiffs served the corporate Defendant by serving the State of Illinois, Secretary of State.

3. On November 4, 2014, the individual defendant, JOHN CICHY, was served with the Summons and Complaint.

4. The Court entered an order of default against all Defendants on December 18, 2014.

5. According to the Affidavit of Richard Wolf, attached hereto as Exhibit 1, the Defendants owe $52,912.31 to Plaintiffs based on the findings of an audit for the period from August 26, 2011 through October 31, 2015. The amount consists of $51,174.81 in contributions, $6,674.97 in liquidated damages, and $1,737.50 in audit costs. The employer also owes an additional $1,937.61 in unpaid liquidated damages and $257.76 in discrepancies, which means the total amount owed is $55,107.68. Of this amount, $5,067.36 is owed on Count I of the Complaint, and the balance of $50,040.32 on Count II of the Complaint.

WHEREFORE, Plaintiffs pray that this Court grant the following relief:

A. Enter judgment in favor of Plaintiffs and against the Defendants in the total amount of $55,107.68, consisting of $5,067.36 on Count I and $50,040.32 on Count II. (A copy of a proposed order is attached as Exhibit 2, and is being sent via the Court's email system).

B. Retain jurisdiction to enter judgment on all amounts found to be due and owing on the audit, including contributions, liquidated damages, interest, and reasonable attorneys' fees and costs. (See proposed Order attached as Exhibit 1).

AFFIDAVIT OF RICHARD WOLF

RICHARD WOLF, upon being first duly sworn on oath, states as follows:

1. Affiant is the principal of RICHARD J. WOLF AND COMPANY, INC., an auditing firm ("the company").

2. The Plaintiffs requested the company to perform a fringe benefit fund contribution compliance audit of the books and records of John Cichy et al for the Plaintiffs 401(k) Retirement Plan Fund for the period from January 1, 2014 through October 31, 2015; and for the Plaintiffs Welfare Fund for the period from August 26, 2011 through October 31, 2015.

3. The audits encompassed an examination of payroll records and comparisons to amounts reported to the Funds.

4. The audit report disclosed that a total of $44,499.84 in contributions are owed to the Funds.

5. According to the Collective Bargaining Agreement and Trust Agreements establishing the Funds, liquidated damages are owed on delinquent contributions. I have computed the amount of liquidated damages owed to be $6,674.97.

6. The Collective Bargaining Agreement also requires that in the event there is an audit deficiency, the audit costs are to be borne by the employer. The company charged the Funds the amount of $1,737.50 to complete the audit.

7. The total owed on the audit is $52,912.31.

8. Contributions are required to be paid in accordance with the due dates in the Collective Bargaining Agreement, and the failure to do so results in the imposition of liquidated damages as set forth in the Collective Bargaining Agreement $1,937.61 is owed as liquidated damages for the period from November, 2001 through May, 2014 the Welfare Fund from August 2011, together with $257.76 in discrepancies for April, 2014 for a total of $2,195.37.

9. The total amount due and owing to the Funds is $55,107.68. for this audit period, not including any interest, attorneys' fees or court costs.

10. Of the total amount, $50,040.32 is owed to the Welfare Fund, and $5,067.36 to the 401(k) Retirement Plan Fund.

11. I am competent to testify to the truth of the foregoing statements, and if called to testify, would state as set forth herein.

Subscribed and sworn to before me this 26th day of April, 2016.

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: