PLAINTIFFS' MOTION FOR JUDGMENT IN A SUM CERTAIN

MARIA VALDEZ, Magistrate 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 judgment in favor of Plaintiffs and against the Defendant, FRANK LAWNICKI, Individually and d/b/a CHICAGO METAL MAINTENANCE. 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 was served with the Summons and Complaint on June 5, 2014.

3. No Answer or any other responsive pleading has been served. The defendant was defaulted by order of this Court dated July 8, 2014.

4. Accordingly to the Affidavit of Richard Wolf, attached hereto as Exhibit 1, the Defendant owes the amount of $125,999.60, consisting of $107,995.31 in contributions, $16,199.29 for liquidated damages and $1,805.00 for audit costs. (Of this amount, $3,886.93 in contributions is owed to the District Council No. 14 Metal polishers 401(k) Retirement Plan Fund.

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

A. Enter final judgment in favor of Plaintiffs and against the Defendant in the amount of $125,999.60 limited to the audit period from September 1, 2012 through February 28, 2015. Of this amount, $3,886.93 is owed for contributions to the District Council No. 14 Metal Polishers 401(k) Retirement Plan Fund. (A proposed order is attached to this audit as Exhibit 2, and is being sent via the Court's email system).

EXHIBIT 1

AFFIDAVIT OF RICHARD WOLF

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

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

2. The Plaintiffs requested the company to perform a fringe benefit fund contribution compliance audit of the books and records of FRANK LAWNICKI, Individually and d/b/a CHICAGO METAL MAINTENANCE, for the period from September 2, 2012 through February 28, 2015.

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

4. The audit report disclosed that $107,995.31 in contributions are owed to the Funds.

5. According tot he 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 $16,199.29.

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 $1,805.00 to complete the audit.

7. The total amount due and owing to the Funds is $125,999.60 for this audit period, no including any interest; attorneys' fees court costs.

8. Of the total amount, $3,886.93 is owed for contributions to the District Council No. 14 Metal Polishers 401(k) Retirement Plan Fund.

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

EXHIBIT 2

JUDGMENT ORDER

This cause, coming to be heard upon Plaintiffs' Motion for Judgment in a Sum Certain, all parties having notice, and the court being fully advised,

IT IS HEREBY ORDERED THAT: