PLAINTIFFS' MOTION FOR JUDGMENT IN A SUM CERTAIN

EDMOND E. CHANG, Magistrate Judge.

Plaintiff, by and through their attorneys, DONALD D. SCHWARTZ, JAMES R. ANDERSON, GRANT R. PIECHOCINSKI, and ARNOLD AND KADJAN, LLP move this Court to enter judgment in favor of Plaintiff and against Defendant. In support of their Motion, the Plaintiffs state as follows:

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

2. The Defendant Jeremy Theberge was personally served with the Summons and Complaint on February 26, 2015, which was filed with the Clerk of the Court on February 27, 2015.

3. The Court defaulted the Defendant by its order dated May 2016.

4. According to the Affidavit of Richard Wolf, attached hereto as Exhibit 1, the Defendants owes Plaintiffs the sum of $5,014.08, consisting of $3,812.25 for contributions, $571.83 for liquidated damages, and $630.00 for audit costs for a fringe benefit fund audit for the period from September 1, 2014 through March 31, 2015.

WHEREFORE, Plaintiffs pray for the following relief:

A. That this Court enter judgment in favor of Plaintiffs and against the Defendant, Jeremy Theberge, in the amount of $5,014.18. (A copy of an order is attached as Exhibit 2, and being sent via the Court's email system).

EXHIBIT 1

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 on the books and records of Jeremy Theberge, 24/7 Graphic Fixtures and Installation for the period September 1, 2014 through March 31, 2015.

3. The audit report found arrears owing to the Trustees of the Chicago Painters and Decorators, et. al., in the amount of $3,812.25 in contributions, $571.83 liquidated damages, and $630.00 for audit costs for the audit period from August, 2014 through October 31, 2015.

4. The total due the Plaintiffs including arrears, and liquidated damages of 15 percent, but excluding attorney's fees and court costs is $5,014.08 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.

EXHIBIT 2

ORDER

This matter coming to the Court on Plaintiff's Motion for Judgment In Sum Certain, due notice being given, and the Court advised in the premises,

IT IS HEREBY ORDERED THAT:

1. Plaintiff's Motion for Judgment in Sum Certain is GRANTED.

2. Judgment is entered against JEREMY THEBERGE, individually, and d/b/a 24/7 GRAPHIC & FIXTURE INSTALLATION in the amount of $5,014.08.