PLAINTIFFS' MOTION FOR ENTRY OF JUDGMENT

ROBERT M. DOW, District Judge.

Plaintiffs Chicago Regional Council of Carpenters Pension Fund et al.'s ("Trust Funds") hereby move this Court to enter a judgment by default against defendant MSM SOLUTIONS, INC. ("Defendant" or "MSM SOLUTIONS"). In support of their Motion, Trust Funds state as follows.

I. SUMMARY OF DAMAGES.

For the reasons explained more fully below, this Court should award the Trust Funds $43,835.22 in damages as follows:

II. ARGUMENT.

A. Defendant's Default.

On October 18, 2016, the Trust Funds filed a complaint against the Defendant under ERISA for unpaid fringe benefit contributions owed by Defendant pursuant to an audit conducted by the Trust Funds' designated auditor, Legacy Professionals, LLP ("Legacy") for the period July 1, 2011 through December 31, 2014.

The Trust Funds' complaint also seeks a judgment for all unpaid contributions, interest and liquidated damages, attorneys' fees and costs and auditors' fees pursuant to the Employee Retirement Income Security Act ("ERISA"), Area Agreements and the trust agreements to which Defendant is signatory.

The complaint was served on Defendant on or about October 24, 2016.

The affidavit of service was filed with the Clerk of Court on or about October 27, 2016. See Affidavit of Service, Exhibit A.

Defendant has failed to answer or appear.

On December 13, 2016, this Court granted the Trust Funds' motion for entry of an order of default. See Order, Dec. 13, 2016, Docket No. 7.

B. Damages for Unpaid Fringe Benefit Contributions.

MSM SOLUTIONS is bound by the Area Agreement with the Chicago Regional Council of Carpenters ("Union"). See Declaration of J. Libby ¶ 3, Exhibit B. The Trust Funds conducted an audit of MSM SOLUTIONS's books and records which revealed unpaid fringe benefit contributions in the amount of $21,943.55. See Declaration of J. Libby ¶¶ 4-8, Exhibit A.

Under ERISA, MSM SOLUTIONS is liable to the Trust Funds for any unpaid fringe benefit contributions. ERISA states as follows:

See 29 U.S.C. § 1132(g)(2)(A).

Accordingly, this Court should award the Trust Funds $21,943.55 for unpaid fringe benefit contributions.

C. Interest.

Under ERISA, 29 U.S.C. § 1132, Trust Funds are entitled to collect interest on the unpaid contributions. Section 1132(g)(2)(B) provides as follows:

See 29 U.S.C. § 1132(g)(2). And, section 6621 of title 26 provides as follows:

See 26 U.S.C. § 6621.

This is consistent with the trust agreements which also allow the Trust Funds to collect interest on the amount due. See Decl. of J. Libby ¶ 9, Exhibit B. Therefore, the Trust Funds are entitled to recover interest based on the statute.

The amount due as interest on the fringe benefit contributions is $1,513.16. See Declaration of J. Libby ¶¶ 11, 13, Exhibit B. Accordingly, this Court should award the Trust Funds interest in the amount of $1,513.16 pursuant to 29 U.S.C. § 1132(g)(2).

D. Liquidated Damages.

Under ERISA, 29 U.S.C. § 1132, the Trust Funds are entitled to collect liquidated damages on the unpaid contributions. Section 1132(g)(2)(C)(ii) provides as follows:

This is consistent with the trust agreements which also allow the Trust Funds to collect liquidated damages of 1.5% monthly on the amount due. See Decl. of J. Libby ¶ 9, Exhibit B.

The total liquidated damages calculated at 1.5% per month compounded equals $4,388.71. See Decl. of J. Libby ¶¶ 11, 13, Exhibit B. Accordingly, this Court should award the Trust Funds liquidated damages in the amount of $4,388.71 pursuant to 29 U.S.C. § 1132(g)(2)(C)(ii).

E. Auditor's Fees.

Under the terms of the Trust Agreements and the Area Agreement, a signatory employer is liable for reasonable fees of auditors retained by the Trust Funds used to establish the amount of delinquent contributions to the Trust Funds. See Declaration of J. Libby ¶ 12, Exhibit B.

Moreover, ERISA, 29 U.S.C. § 1132, likewise provides that the Trust Funds are entitled to recover auditors' fees incurred to prove the amount of contributions owed:

See Trustees of the Chicago Plastering Institute Pension Trust v. Cork Plastering Co., 570 F.3d 890, 902 (7th Cir. 2009).

The Trust Funds incurred $13,322.50 in auditors' fees for the audit of MSM SOLUTIONS's fringe benefit contributions to the Trust Funds during the Audit Period. See Declaration of J. Libby ¶¶ 12, 13, Exhibit B. Accordingly, this Court should award the Trust Funds $13,322.50 in reasonable auditors' fees for the audit of MSM SOLUTIONS's books and records to determine that MSM SOLUTIONS owed unpaid fringe benefit contributions.

F. Attorneys' Fees and Costs.

Under the terms of the Trust Agreements and the Area Agreement, MSM SOLUTIONS is liable for reasonable attorney fees and costs incurred by the Trust Funds to collect delinquent contributions because the Trust Funds were required to hire counsel to compel the audit of MSM SOLUTIONS and to collect the amount due from MSM SOLUTIONS. See Declaration of J. Libby ¶ 10, Exhibit B.

MSM SOLUTIONS has a statutory obligation to pay attorneys' fees and costs. Under ERISA, 29 U.S.C. § 1132, Trust Funds are entitled to recover attorneys' fees and costs incurred to collect the unpaid contributions. Section 1132(g) provides as follows:

See 29 U.S.C. § 1132(g)(2) (emphasis added). MSM SOLUTIONS is also liable for attorneys' fees and costs incurred by the Trust Funds to enforce any judgment entered in this matter. See Free v. Briody, 793 F.2d 807, 808-09 (7th Cir. 1986).

Here the Trust Funds incurred $2,667.40 in attorneys' fees and costs as stated in the affidavit and detailed billing statements accompanying this petition. See Declaration of K. McJessy ¶¶ 6-8, Exhibit C. Billing statements are admissible to show the reasonableness of attorneys' fees and costs in ERISA cases. See Trustees of the Chicago Plastering Inst. Pension Trust, 570 F.3d at 903 (relying on attorneys "time records"); Chicago Regional Council of Carpenters Pension Fund v. RCI Enterprises, Inc., 2011 U.S. Dist LEXIS *6-7 (N.D. Ill., July 20, 2011) (Feinerman, J.) (relying on billing time records for award of attorneys' fees).

Moreover, the fee charged here of $220/hour for attorney time are reasonable compared to the rates charged by other attorneys handling similar ERISA matters in the Northern District of Illinois. As a matter of law, the Northern District of Illinois has recognized that hourly rates of $195 per hour to $250 per hour are reasonable rates for attorney time for ERISA litigation. See Trustees of the Chicago Regional Council of Carpenters Pension Fund v. RCI Enterprises, Inc., 2011 U.S. Dist. LEXIS *6 (N.D. Ill.) (holding that attorney rates of $180/hr for a junior attorney to $250/hr for a partner are reasonable hourly rates for ERISA lawsuit by the Chicago Regional Council of Carpenters); Board of Trustees of the Rockford Pipe Trades Indus. Pension Fund v. Fiorenza Enters., 2011 U.S. Dist. LEXIS 28209, 21-22 (N.D. Ill. Mar. 18, 2011) ("the court finds that the hourly rates [of $195, $210 and $235 per hour] . . . are reasonable" for fringe benefit trust funds lawsuit against employer to collect unpaid contributions); Divane v. Mitchell Sec. Sys., 2008 U.S. Dist. LEXIS 27825 (N.D. Ill. Apr. 7, 2008) ("The court finds that the billing rates [of $220.00 to 240.00 for attorneys] are reasonable.").

Accordingly, this Court should award the Trust Funds $2,667.40 in reasonable attorneys' fees and costs for the audit of MSM SOLUTIONS's books and records to determine that MSM SOLUTIONS owed unpaid fringe benefit contributions.

III. CONCLUSION.

For the forgoing reasons, the Trust Funds respectfully request that this Court enter final judgment for the Trust Funds in the amount of $43,835.32 as follows:

The Trust Funds shall also recover reasonable attorney' fees and costs incurred by the Trust Funds in enforcing this order and any such further relief as this Court deems appropriate. See Free v. Briody, 793 F.2d 807, 808-09 (7th Cir. 1986). A proposed order is attached hereto as Exhibit D.

CERTIFICATE OF SERVICE

I, Kevin P. McJessy, an attorney, certify that I caused the foregoing Plaintiffs' Motion for Entry of Judgment to be served upon

via U.S. First Class Mail, postage prepaid, deposited in the United States Mail Depository located at 3759 N. Ravenswood, Chicago, Illinois on this 22nd day of December 2016.

16 CV 9811

Exhibit A

an answer to the complaint which is herewith served upon you, 21 days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. You must also file your answer with the Clerk of this Court within a reasonable period of time after service.

THOMAS G. BRUTON, CLERK October 18, 2016 (By) DEPUTY CLERK DATE

AFFIANT: J. Giles

Being first duly sworn on oath deposes and says that he/she was duly appointed by the Court to serve process in the above mentioned case and/or that he/she is a person over the age of 18 and not a party to this action and is authorized by statute to effect Service of Process according to Public Act #85-0907, effective 11-23-87, amending Chapter 110, Section 2-202, of the "Code of Civil Procedure," approved 8-19-81, as amended thereof.

That he/she served the within:

_X__ SUMMONS & COMPLAINT

___ CITATION TO DISCOVER ASSETS

___ RULE TO SHOW CAUSE

___ ORDER:

___ SUBPOENA FOR TRIAL AND/OR DEPOSITION AND/OR RECORDS

___ OTHER:

1. ___ By leaving a copy with the within named defendant ___ personally on ___.

2. ___ On the within named defendant ___ by leaving a copy of same at his/her usual place of abode with ___ a person of the household over the age of 13 and informed that person of the contents on ___ and mailed a copy to ___ at his/her usual place of abode on ___.

3. _X__ On the within defendant company___ MSM Solutions Inc. ___ by leaving a copy with __Joe Majchrowicz_ - Defendant was present but refused to come to the door- ___ on _10-24-16 ___.

4. That the sex, race, and approximate age of the person receiving documents are: Sex _M___ Race _W___ Approximate Age/DOB_29 Ht. 6'0" Wt. 190 Hair Short Brn Eyes Brn ___.

5. That the place where and the date and time of service are as follows: Place: 650 W Grand Ave. #301, Elmhurst Time: 4:03 PM

6. That he/she was unable to serve the within named defendant ___ for the reason ___.

SUBSCRIBED and SWORN To before me this day of , 2016 _____. Midwest Investigations, Inc. #117-001436

16 CV 9811

Exhibit B

DECLARATION OF JOHN LIBBY

I, John Libby, hereby declare, under penalty of perjury pursuant to the laws of the United States, that the following statements are true to the best of my knowledge information and belief:

1. I am the Manager, Audits & Collections for the Chicago Regional Council of Carpenters Pension Fund ("Pension Fund"), the Chicago Regional Council of Carpenters Health and Welfare Fund ("Health and Welfare Fund"), the Chicago and Northeast Illinois Regional Council of Carpenter Apprentice and Trainee Program ("Trainee Fund") and the Labor/Management Union Carpentry Cooperation Promotion Fund (collectively "the Trust Funds").

2. As part of my duties, I am responsible for managing the collection of contributions for medical, pension and other benefits due from numerous employers pursuant to the collective bargaining agreement between the employers and the Chicago and Northeast Illinois Regional Council of Carpenters ("Union") and between employers and the United Brotherhood of Carpenters and Joiners of America. Accordingly, I am familiar with the terms of the current collective bargaining agreement ("Area Agreement") and the trust agreements establishing the Trust Funds.

3. MSM SOLUTIONS, INC., an Illinois corporation ("Defendant"), is an employer bound by the Area Agreement with the Union because Defendant signed an Agreement with the Union because it performed work within the geographic jurisdiction of the Union. A copy of the Agreement showing that Defendant is bound by the Area Agreement is attached as Exhibit 1. The Agreement states in part that:

Accordingly, Defendant is bound to the Area Agreement with the Union and the Trust Agreements establishing the Trust Funds and by the rules and regulations adopted by the Trustees of each Trust Fund. The Area Agreement, the Trust Agreements and the rules and regulations are collectively referred to herein as "Agreements."

4. Pursuant to the Agreements, Defendant is required to pay fringe benefit contributions to the Trust Funds for work performed by Defendant's employees and non-union subcontractors performing work falling within the jurisdiction of the Union.

5. Pursuant to the Agreements, Defendant also agreed to submit to a periodic audit of its books and records in order to verify the accuracy of the contributions reported and paid to the Trust Funds.

6. The Trust Funds engaged Legacy Professionals, LLP ("Legacy") to conduct an audit of Defendant's fringe benefit contributions to the Trust Funds for the period July 1, 2011 through December 31, 2014.

7. Legacy prepared Audit Reports of Defendant's fringe benefit contributions to the Trust Funds for two separate accounts belonging to Defendant based on Legacy's review of Defendant's records. Legacy delivered copies of its Audit Reports to the Trust Funds.

8. Copies of the Audit Reports for Defendant's accounts are attached as Exhibit 2 and Exhibit 3. According to the Audit Reports and based on the records produced by Defendant, Defendant owes $21,943.55 in unpaid fringe benefit contributions to the Trust Funds.

9. The Agreements provide that the Trust Funds collect liquidated damages on unpaid fringe benefit contributions at a rate of 1½ percent compounded monthly. The Agreements also provide that the Trust Funds collect interest on unpaid fringe benefit contributions as allowed by law.

10. Because Defendant failed to comply with the terms of the Agreements, the Trust Funds have had to employ the services of the law firm McJessy Ching & Thompson, LLC. As a result, the Trust Funds incurred attorneys' fees and costs.

11. A summary of the updated calculations of accrued interest and liquidated damages for the Audit Reports are attached hereto as Exhibit 4. Defendant owes $1,513.16 in unpaid interest calculated pursuant to 26 U.S.C. §6621 and $4,388.71 in unpaid liquidated damages calculated in accordance with the Agreements.

12. The Trust Funds paid Legacy $13,322.50 as auditors' fees for Legacy to conduct its review of Defendant's books and records and to prepare the Audit Report.

13. In sum, based on the records produced by Defendant, Defendant owes unpaid contributions of $21,943.55, interest of $1,513.16, liquidated damages of $4,388.71, auditors' fees of $13,322.50 plus the attorneys' fees and costs incurred by the Trust Funds in this lawsuit.

14. I have personal knowledge of the matters stated in this affidavit and could testify competently to them.

John Libby Executed on: 12/16/16 Date

EXHIBIT 1 (Declaration of John Libby)

Memorandum of Agreement

THIS AGREEMENT is entered into between the Chicago Regional Council of Carpenters ("Union") and the Employer, including its successors and assigns covering the geographic jurisdiction of the Union including the following counties in Illinois: Boone, Bureau, Carroll, Cook, De Kalb, DuPage, Grundy, Henderson, Henry, Iroquois, Jo Daviess, Kane, Kankakee, Kendall, Lake, La Salle, Lee, Marshall, McHenry, Mercer, Ogle, Putnam, Rock Island, Stark, Stephenson, Whiteside, Will, Winnebago. The following counties in Iowa; Allamakee, Appanoose, Benton, Black Hawk, Bremer, Buchanan, Butler, Cedar, Cerro Gordo, Chickasaw, Clayton, Clinton, Davis, Delaware, Des Moines, Dubuque, Fayette, Floyd, Franklin, Grundy, Hancock, Henry, Howard, Iowa, Jackson, Jefferson, Johnson, Jones, Keokuk, Kossuth, Lee, Linn, Louisa, Mahaska, Mitchell, Monroe, Muscatine, Scott, Tama, Van Buren, Wapello, Washington, Wayne, Winnebago, Winneshiek, Worth, Wright. The following counties in Wisconsin: Kenosha, Milwaukee, Ozaukee, Racine, Washington and Waukesha. The Union and the Employer do hereby agree to the following:

1. The Employer recognizes the Union as the sole and exclusive bargaining representative on behalf of its employees who are working within the territorial and occupational jurisdiction of the Union.

2. The Employer has reviewed sufficient evidence and is satisfied that the Union is the exclusive bargaining representative of a majority of its employees presently working within the territorial and occupational jurisdiction of the Union.

3. The Employer and the Union agree to incorporate into this Memorandum Agreement and to be bound by the Agreements negotiated between the Chicago Regional Council of Carpenters and various employers and employer associations, including all Area Agreements for the period beginning with the execution of this Memorandum Agreement and ending on the expiration dates of any current and successor Agreements which are incorporated herein (see attached list). Unless the Employer provides written notice by certified mail to the Chicago Regional Council of its desire to terminate or modify the Agreement at least three (3) calendar months prior to the expiration of such Agreements, the Agreement shall continue in full force and effect through the full term and duration of all subsequent Agreements which are incorporated by reference.

4. The Employer agrees to be bound to the terms of the various Trust Agreements to which contributions are required to be made under the Agreements incorporated in Paragraph 3, including all rules and regulations adopted by the Trustees of each Fund.

In Witness Whereof the parties have executed this Memorandum of Agreement on this 1st of February, 2015.

EMPLOYER CHICAGO REGIONAL COUNCIL OF CARPENTERS Authorized Regional Council Print Name and Title Representative

Agreements

(Central Region)

Mid American Regional Bargaining Association, Cook, Lake and DuPage

Mid American Regional Bargaining Association, Kane, Kendall and McHenry

Mid American Regional Bargaining Association, Will

Kankakee Contractors Association

Residential Construction Employers Council, Cook, Lake and DuPage

Residential Construction Employers Council, Will

Residential Construction Employers Council, Grundy

Woodworkers Association of Chicago (Mill-Cabinet)

Contractors Association of Will and Grundy Counties

Gypsum Drywall Contractors of Northern Illinois/Chicagoland Association of Wall and Ceiling Contractors

(Western Region)

Illinois

Quad City Builders Association, Commercial, Rock Island Mercer, Henry and Henderson

Floor Covering, Rock Island, Mercer, Henry and Henderson

Residential, Henry, Mercer and Henderson

Illinois Valley Contractors' Association, Bureau, LaSalle, Marshall, Putnam and Stark

Window and Door, Boone, Bureau, Carroll, DeKalb, Henderson, Henry, Jo Daviess, LaSalle, Marshall,

Mercer, Ogle, Putnam, Rock Island, Stark, Stephenson, Whiteside and Winnebago

Commercial/Residential, DeKalb, Eastern Ogle and cities in Sandwhich and Somonauk

Residential Construction Employers' Council, DeKalb, Eastern Ogle and cities in Sandwich and Somonauk

Residential Construction Employers' Council, Boone, Carroll, Jo Daviess, Lee, Ogle, Stephenson, Whiteside and Winnebago

Northern Illinois Building Contractors Association Inc., Boone, Carroll, Jo Davies, Lee, Ogle, Stephenson, Whiteside and Winnebago

Floor Covering, Boone, Carroll, DeKalb, Jo Daviess, Lee, Lee, Ogle, Stephenson, Whiteside and Winnebago

Millwright, Boone, Bureau, Carroll, DeKalb, Henderson, Jo Davies, LaSalle, Lee, Marshall, Mercer, Ogle, Putnam/Rock Island, Stark, Stephenson, Whiteside, and Winnebago

Associated General Contractors of Illinois (Heavy and Highway) Highway Districts 2-7 and portions of 1 and 8

Iowa

Commercial, Muscatine, Scott, Louisa north of Iowa River

Floorcovering, Louisa north of Iowa River, Muscatine and Scott

Residential, Clinton, Louisa, Muscatine, Scott and Seven southern most townships of Jackson County including Monmouth, South Fork, Maquoketa, Fairfield, Van Buren, Iowa and Union

Heavy and Highway Associated Contractors Agreement Scott County

Herberger Construction Heavy and Highway

Heavy and Highway Contractors' Association-entire State except Scott County

Commercial Benton, Jones, Linn and Tama

Residential Benton, Jones, Linn and Tama

Commercial, Des Moines, Henry, Lee and Louisa south of Iowa River

Residential, Des Moines, Henry, Lee and Louisa south of Iowa River

Commercial/Residential Dubuque, Delaware, Clayton, and Six Northern Townships in Jackson

Commercial/Residential, Appanoose, Davis, Jefferson, Keokuk, Mahaska, Monroe, Van Buren, Wapello, and Wayne

Commercial, Clinton, Seven Southern most townships of Jackson including Monmouth, South Fork, Maquoketa, Fairfield, Van Buren, Iowa, and Union

Floor Covering, Dubuque, Delaware, Clayton, and six Northern Townships in Jackson Window and Door, State

Commercial, Cedar, Iowa, Johnson, Poweshiek and Washington

Commercial Interior Systems, Cedar, Iowa, Johnson, Poweshiek and Washington

Residential, Cedar, Iowa, Johnson, Poweshiek and Washington

Commercial, Cerro Gordo, Franklin, Hancock, Kossuth, Winnebago, Worth and Wright, Buchanan, Independent Contractors of Waterloo (Commercial) Butler, Chickasaw, Fayette, Floyd, Grundy, Howard, Mitchell, Winneshiek

Millwright, Adair, Allamakee, Appanoose, Benton, Black Hawk, Boone, Bremer, Buchanan, Butler, Cedar, Calhoun, Carroll, Cerro Gordo, Chickasaw, Clayton, Clarke, Clinton, Dallas, Davis, Decatur,

Delaware, Des Moines, Dubuque, Emmet, Fayette, Floyd, Franklin, Greene, Grundy, Guthric, Hamilton,

Hancock, Hardin, Henry, Howard, Humboldt, Iowa, Jackson, Jasper, Jefferson, Johnson, Jones, Keokuk, Lee, Linn, Lucas, Louisa, Madison, Mahaska, Marion, Marshall, Mitchell, Monroe, Muscatine, Palo

Alto, Pocahontas, Polk, Poweshiek, Ringhold, Scott, Story, Tama, Union, Van Buren, Warren, Wapello,

Washington, Wayne, Webster, Winnebago, Winneshiek, Worth, Wright

(Northern Region)

Commercial Carpenters and Floor Coverers' Agreement (Wisconsin)

Commercial Carpenters Agreement, Kenosha/Racine

Millwright Erectors' Agreement

Pile Drivers' Agreement

Insulators Agreement

Overhead Door Agreement

The Employers Acknowledges receipt of a current copy of each agreement under which the company will be performing work. Each of the agreements are available upon request

It is also understood and agreed that it is the Employers obligation to make a written request of additional Collective Bargaining Agreement(s) in the event that the Company performs work in areas for which it has not already obtained a copy of the applicable Agreement.

Employer Date 2/24/15

EXHIBIT 2

(Declaration of John Libby)

EXHIBIT 3 (Declaration of John Libby)

EXHIBIT 4 (Declaration of John Libby)

16 CV 9811

Exhibit C

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

DECLARATION OF KEVIN P. McJESSY

I, Kevin P. McJessy, hereby declare, under penalty of perjury pursuant to the laws of the United States, that the following statements are true:

1. I am one of the attorneys representing the Chicago Regional Council of Carpenters Pension Fund, the Chicago Regional Council of Carpenters Welfare Fund, the Chicago and Northeast Illinois Regional Council of Carpenter Apprentice and Trainee Program, and the Labor/Management Union Carpentry Cooperation Promotion Fund (collectively "the Trust Funds") in the above-captioned lawsuit ("Lawsuit") against MSM SOLUTIONS, INC., an Illinois corporation ("Defendant").

2. I have been licensed to practice law in the State of Illinois and the United States District Court for the Northern District of Illinois since 1995. I am an attorney with McJessy, Ching & Thompson, LLC ("MC&T").

3. As part of my practice, I handle claims under ERISA. I personally represented the Trust Funds in this Lawsuit. I have represented the Trust Funds in this Lawsuit since its inception. As such I am familiar with the matters set forth in this declaration.

4. Sheila Keating is a paralegal with MC&T. She has been a paralegal since 1987.

6. The Trust Funds have incurred $2,667.40 in fees and expenses to compel Defendant to comply with its obligations under the terms of the Collective Bargaining Agreement and applicable trust agreements.

7. The Trust Funds have collectively incurred fees totaling $1,826.00 for 8.3 hours of attorney services and $230.00 for 2.3 hours of paralegal services. A redacted copy of the client ledger showing the time spent and a description of the work performed is attached as Exhibit 1.

The hourly rate for attorneys and paralegals charged to the Trust Funds as set forth above is consistent with the rates approved in the Northern District of Illinois for ERISA collection work. See, e.g., Rappa v. Sun Life Assur. Co., 2014 U.S. Dist. LEXIS 124896, *11 (W.D. Wis. Sept. 8, 2014) ("Sun Life does not object to plaintiff's counsel's rate of $300 per hour, and the court finds that rate reasonable given the nature of ERISA cases."); Board of Trustees of the Rockford Pipe Trades Indus. Pension Fund v. Fiorenza Enters., 2011 U.S. Dist. LEXIS 28209, 21-22 (N.D. Ill. Mar. 18, 2011) ("the court finds that the hourly rates [of $195, $210 and $235 per hour] . . . are reasonable" for fringe benefit trust funds lawsuit against employer to collect unpaid contributions); Divane v. Mitchell Sec. Sys., 2008 U.S. Dist. LEXIS 27825 (N.D. Ill. Apr. 7, 2008) ("The court finds that the billing rates [of $220.00 to 240.00 for attorneys] are reasonable.").

8. The Trust Funds incurred $611.40 in expenses for the filing fee, process server charges, courier charges and photocopy charges. A detailed list of expenses incurred by the Trust Funds in this matter is attached hereto as Exhibit 2.

9. The attorneys' fees, paralegal fees and costs charged to the Trust Funds in this matter are consistent with MC&T's regular charges for services to the Trust Funds on similar matters.

10. I have personal knowledge of the matters stated in this affidavit and could testify competently to them.

FURTHER AFFIANT SAYETH NOT. 12/22/16 Kevin P. MeJessy Date

Exhibit 1

Exhibit 2

16 CV 9811

Exhibit D

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

JUDGMENT

Plaintiffs Chicago Regional Council of Carpenters Pension Fund et al.'s ("Trust Funds") motion for entry of final judgment is granted and judgment is entered in favor of the Trust Funds and against defendant MSM SOLUTIONS, INC., an Illinois corporation ("Defendant") in the amount of $43,835.52 as follows:

The Trust Funds shall also recover reasonable attorney' fees and costs incurred by the Trust Funds in enforcing this order and any such further relief as this Court deems appropriate. See Free v. Briody, 793 F.2d 807, 808-09, (7th Cir. 1986).