MOTION FOR JUDGMENT IN SUM CERTAIN

ROBERT M. DOW, District Judge.

NOW COME the Plaintiffs, TRUSTEES OF THE SUBURBAN TEAMSTERS OF NORTHERN ILLINOIS WELFARE AND PENSION FUND, by and through its attorney, JOHN J. TOOMEY, ARNOLD AND KADJAN, and pursuant to FRCP 55 move for judgment in sum certain as stated in this Complaint and the supporting Affidavits attached hereto. In support of its Motion, Plaintiffs state as follows:

1. Suit was filed on March 6, 2017 for collection of delinquent contributions plus attorneys' fees, costs and interest under 29 U.S.C. 1132(g)(2).

2. Service was made upon STS EXPRESS, LLC, an Illinois limited liability corporation on March 20, 2017 and a copy of the proof of service was filed with the court on March 21, 2017.

3. Defendant is now in default as to Count I of the Complaint and as supported by the attached Affidavits the sums due are:

WHEREFORE, Plaintiffs pray for:

1. Entry of judgment against Defendant, STS EXPRESS, LLC, an Illinois limited liability corporation, and in favor of Plaintiffs, TRUSTEES OF THE SUBURBAN TEAMSTERS OF NORTHERN ILLINOIS PENSION AND WELFARE FUNDS in the amount of $4,141.95.

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

AFFIDAVIT IN SUPPORT OF ATTORNEYS' FEES

NOW COMES the undersigned, JOHN J. TOOMEY, upon being first duly sworn, deposes and states as follows:

1. The undersigned is counsel of record in Case No. 17 C 1763.

2. Affiant is an attorney licensed to practice law in the State of Illinois since 1978.

Affiant is admitted to the trial Bar of the Northern District of Illinois, the Central District of Illinois and the Seventh, Eighth, Second, Eleventh Circuit Courts of Appeal, U. S. Tax Court and the United States Supreme Court.

3. The time spent in the case are as follows, were reasonably necessary in the prosecution of the case, and no paralegals were used:

4. The costs expended in prosecuting the case are:

5. Reasonable value of such services is One Hundred Eighty Five Dollars per hour:

6. The total in fees and costs expended are:

FURTHER AFFIANT SAYETH NOT.

JOHN J. TOOMEY JOHN J. TOOMEY ARNOLD AND KADJAN, LLP 35 E. Wacker Drive Suite 600 Chicago, Illinois 60601 (312) 236-0415

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

AFFIDAVIT

RICHARD SIEBERT, upon being first duly sworn deposes and states as follows:

1. Affiant is employed by the Suburban Teamsters Welfare and Pension Fund ("Funds") as an auditor, is familiar with the STS EXPRESS, LLC, an Illinois limited liability corporation audit ("Employer"), having examined its books and records to determine what amounts if any were due and owing the Funds, and is also familiar with the parties' agreement concerning contributions, liquidated damages and interest owed.

2. That an audit of Employer's books and records was performed on October 31, 2016, covering the period April, 2016 through September, 2016 and found to be owing:

3. That Employer was given a copy of the audit and given notice of findings. It has paid the Welfare Fund audit in full and has made a payment of $3,150.00 Pension, leaving a balance due of $2,426.95.

4. That the remaining balance due on the audit including liquidated damages and interest totals $2,426.95.

5. Affiant is above the age of 21, suffers from no disability and has actual knowledge of the above and could so testify.

FURTHER AFFIANT SAYETH NOT.

RICHARD SIEBERT SUBSCRIBED AND SWORN to before me this 1st day of April, 2017. Notary Public

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

ORDER OF JUDGMENT

This matter coming to be heard upon Plaintiff's Motion for Judgment in a sum certain and the court being fully advised in the premises,

IT IS HEREBY ORDERED AS FOLLOWS:

1. That judgment is hereby entered in the reinstated case in favor of the Plaintiffs TRUSTEES OF THE SUBURBAN TEAMSTERS OF NORTHERN ILLINOIS WELFARE AND PENSION FUNDS and against the Defendant, STS EXPRESS, LLC, an Illinois limited liability corporation as follows