MOTION FOR ENTRY OF JUDGMENT

EDMOND E. CHANG, District Judge.

Plaintiffs, by and through their attorneys, default having been entered against the Defendant on June 16, 1998, request this Court enter judgment against Defendant, WILLIAM BOWMAN, a/k/a BILL BOWMAN, d/b/a COMMERCIAL CARPET COMPANY OF ROCKFORD, LLC, a dissolved limited liability company. In support of that Motion, Plaintiffs state:

1. On June 23, 2015, this Court entered default against Defendant and granted Plaintiffs' request for an order directing an audit of the Defendant's payroll books and records. The Court also entered an order that judgment would be entered after the completion of the audit.

2. Defendant has failed and refused to cooperate with the scheduling and completion of the required audit.

3. In lieu of the required audit of the Defendant's payroll books and records for the time period January 1, 2013 forward, this Court required Plaintiff Funds to estimate the monthly fringe benefit contributions due from Defendant.

4. Defendant has by its failure to submit monthly contribution reports for the months of April 2014 through July 2014, May 2016 and June 2016, concealed the number of hours for which contributions are due. Additionally, Defendant has had an employee covered by the collective bargaining agreement during the months of July 2015 through September 2015 and this employee has submitted check stubs showing the number of hours worked by him for the Defendant. Based upon a review of the Defendant's reporting history, and based upon the check stubs, it has been determined that a reasonable estimate of the concealed contributions due for the aforesaid months is $32,559.58. (See Affidavit of Deborah L. French).

5. Additionally, the amount of $3,255.96 is due for liquidated damages. (French Aff. Par. 8).

6. In addition, Plaintiffs have incurred costs of $680.50 and $3,532.50 in attorneys' fees, for a total of $4,213.00, in this matter. (See Affidavit of Catherine M. Chapman).

7. Based upon the documents attached hereto, Plaintiffs request entry of judgment in the total amount of $40,028.52.

WHEREFORE, Plaintiffs respectfully request this Court to enter judgment in the amount of $40,028.52.

JUDGMENT ORDER

This matter coming on to be heard upon the Motion of Plaintiffs, by their counsel, it appearing to the Court that the Defendant, WILLIAM BOWMAN, a/k/a BILL BOWMAN, d/b/a COMMERCIAL CARPET COMPANY OF ROCKFORD, LLC, a dissolved limited liability company, having been regularly served with process and having failed to appear, plead or otherwise defend, and default of said Defendant having been entered on June 23, 2015, the Court, first being fully advised in the premises and upon further evidence submitted herewith, FINDS:

1. It has jurisdiction of the subject matter herein and of the parties hereto.

2. The Defendant is bound by the terms of the collective bargaining agreement referred to in Plaintiffs' Complaint.

3. The Defendant is obligated to report and pay contributions to each of the Plaintiff Funds on behalf of its bargaining unit employees in accordance with the collective bargaining agreement.

4. The Defendant is bound by all the terms and conditions set forth in the Agreements and Declarations of Trust governing the Plaintiff Funds.

5. Defendant is in violation of its obligation to submit all monthly contribution reports for the months of April 2014 through July 2014, May 2016 and June 2016. Additionally, Defendant has had an employee covered by the collective bargaining agreement during the months of July 2015 through September 2015 and this employee has submitted check stubs showing the number of hours worked by him for the Defendant. Based upon a review of the Defendant's reporting history, and based upon the check stubs, the Funds' Collection Department Manager has estimated Defendant's liability for such period to be $32,559.58 in contributions and $3,255.96 in liquidated damages, for a total of $35,815.54, which amounts are not unreasonable.

6. Plaintiffs are entitled to audit the payroll books and records of Defendant to verify the accuracy of the monthly reports referred to herein and to determine what additional amounts may be due and owing to Plaintiffs.

7. Defendant has failed to timely pay all contributions required to be made to the Plaintiff Funds. Accordingly, as provided in the Agreements and Declarations of Trust governing the respective Funds, 29 U.S.C. §1132(g)(2) and 28 U.S.C. § 1961, Plaintiffs are entitled to recover:

8. Plaintiffs have incurred costs totaling $680.50 and reasonable attorneys' fees totaling $3,532.50.

9. There is no just cause for delay in the entry of a Judgment Order as to the sum of $40,028.52 owed to the Plaintiffs from Defendant.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED:

A. That Plaintiffs recover from the Defendant, WILLIAM BOWMAN, a/k/a BILL BOWMAN, d/b/a COMMERCIAL CARPET COMPANY OF ROCKFORD, LLC, a dissolved limited liability company, the sum of $32,559.58 for contributions and $3,255.96 for liquidated damages, for a total sum of $35,815.54.

B. That Plaintiffs recover from the Defendant, WILLIAM BOWMAN, a/k/a BILL BOWMAN, d/b/a COMMERCIAL CARPET COMPANY OF ROCKFORD, LLC, a dissolved limited liability company, the sum of $680.50 for their costs and $3,532.50 as and for Plaintiffs' just and reasonable attorneys' fees, for a total of $4,213.00.

C. That Plaintiffs recover from the Defendant, WILLIAM BOWMAN, a/k/a BILL BOWMAN, d/b/a COMMERCIAL CARPET COMPANY OF ROCKFORD, LLC, a dissolved limited liability company, the total sum of $40,028.52, plus post-judgment interest on said amount at the rate required by 28 U. S.C. § 1961.

D. That Plaintiffs are awarded their costs and attorneys' fees to execute on, or otherwise collect this judgment.