MOTION FOR JUDGMENT IN SUM CERTAIN

JOAN B. GOTTSCHALL, District Judge.

Plaintiffs, by one of their attorneys, DONALD D. SCHWARTZ, JAMES R. ANDERSON, GRANT R. PIECHOCINSKI and ARNOLD and KADJAN, pursuant to F.R.C.P. 55, respectfully request this Honorable Court to enter an judgment in favor of Plaintiffs and against Defendant, DYNAMIC CONSTRUCTION, INC., an Illinois corporation.

In support thereof, Plaintiffs state as follows:

1. This case was filed on March 14, 2014.

2. Defendant was served with Summons and Complaint on May 14, 2014 as shown on the return of service previously filed.

3. In excess of 20 days have expired since Service of Process, however, Defendant has failed to file an answer or otherwise plead.

4. According to the Affidavit of Richard Wolf, attached hereto as Exhibit A, the Defendant owes Plaintiffs the total of $96,392.41 based on an audit of the Defendant's books and records for the period from October 1, 2012 through October 31, 2014, and an inspection of the records of the Funds. The amount consists of $87,302.26 on the audit, consisting of $74,262.84 for contributions, $11,139.49 for liquidated damages, $1,900.00 for audit costs, and $9,090.15 for unpaid liquidated damages.

5. Dynamic made payments of $11,733.08, and $9,900.00 that are to be applied listed in paragraph 4. After subcontracting those amounts, the Defendant owes an adjusted amount of $74,759.33, not including any attorneys' fees, or court costs.

6. Plaintiffs' are entitled to recover their reasonable attorneys' fees and court costs in the prosecution of this action. According to the Declaration of James R. Anderson, attached as Exhibit B, the Plaintiffs have incurred at least $3,000.00 in attorneys' fees and costs.

6. The total amount owed is $77,759.33.

WHEREFORE, Plaintiffs move this Court to:

1. Enter final judgment in favor of Plaintiffs and against the Defendant in the amount of $77,759.33, limited to the audit period ending October 31, 2014.

EXHIBIT A

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 DYNAMIC CONSTRUCTION, INC. for the period October 1, 2012 through October 31, 2014.

3. The audit report found arrears owing to the Trustees of the Chicago Painters and Decorators, et. al., in the amount of $87,302.26, consisting of $74,262.84 in benefits, $11, 139.49 liquidated damages, and $1,900.00 audit costs for a total amount due on the audit. According to the Funds' records, DYNAMIC owes $9,090.15 in accumulated unpaid liquidated damages, which brings the total due to $96,392.41.

4. The total due the Plaintiffs including arrears, audit costs, and liquidated damages of 15 percent, but excluding attorney's fees and court costs is $96,392.41 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 B

DECLARATION

James R. Anderson, states as follows:

1. Declarant is an associate in the Law Firm Arnold & Kadjan handling this case.

2. Our firm has spent at least ten hours in litigation in this matter.

3. Our normal rate is $300.00 per hour.

4. Our firm charged the Trustees of the Chicago Painters and Decorators, et. al. at least $3,000.00 in this matter.

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 13th day of March 2015 in Chicago, Illinois.