PLAINTIFFS' MOTION FOR DAMAGES

MATTHEW F. KENNELLY, District Judge.

Plaintiffs, the Laborers Pension Fund and Laborers' Welfare Fund of the Health and Welfare Department of the Construction and General Laborers' District Council of Chicago and Vicinity (the "Funds"), request that this Court enter a finding of damages in the amount of $23,366.19 against Defendant Dean's Dynamic Concrete, Inc. ("Dean's") In support of this motion, Plaintiffs state

1. On April 20, 2017, this Court entered default on behalf of the Plaintiffs and against the Defendant Dean's Dynamic Concrete, Inc., under the Employee Retirement Income Security Act of 1973 ("ERISA"), as amended, 29 U.S.C. §§1143 and 1132(g Management Relations Act ("LMRA"), as amended, 29 U.S.C. §185(a). The Complaint sought payment for contributions covering an audit period from January 1, 2013 through March 31, 2017. This prove up seeks principal contributions, damages, interest and attorneys' fees and costs, and requests that this Court to order the Company to obtain and maintain a surety bond.

2. According to the Field Representative, Joseph Gilleran, the firm of Bansley & Kiener, LLP prepared an audit report reflecting amounts owed to the Funds. According to the report, which is attached to the Joseph Gilleran Affidavit, principal contributions are owed in the amount of $12,168.36, covering the period from January 1, 2013 through March 31, 2017.

3. According to the collective bargaining agreement and the Funds' Trust Agreements, contributing employers who fail to pay contributions to the Funds by the tenth day of the month after the month during which the work has been performed, owe penalties to the Funds. Penalties or liquidated damages, are assessed at the rate of ten percent for amounts owed for dues and LDCLMCC, WGC and LECET Funds. Penalties owed to the Pension, Health and Welfare, Retiree Welfare and Training Funds are assessed at the rate of twenty percent and based on the unpaid contribution amounts; penalties in this case are owed in the amount of $2,303.73 to the Funds. (Affidavit of J. Gilleran).

4. Interest is owed on all delinquent contribution amounts from the date of the delinquency forward, in the amount of twelve percent as provided by the Funds' Trust Agreements. With respect to amounts owed as shown in the audit report, interest is owed in the amount of $1,138.44. (Exhibit 1 Gilleran affidavit).

5. According to the Agreements, contributions paid untimely are assessed late fees. In this case, the Funds' records reflect that late fees are owed in the amount of $3,060.66. (J. Gilleran Affidavit ¶7)

6. Reasonable attorneys' fees and costs are established by an affidavit of Karen I. Engelhardt, plaintiffs' counsel. This affidavit reflects that based on hourly records the amount of $3,297.50 is owed to the Funds for attorney's fees and $535.00 is owed to reimburse costs, consisting of filing fees and service costs. (Exhibit 2). Attorneys' fees are owed pursuant to ERISA, 29 U.S.C. § 1132(g)(2), and pursuant to the terms of the collective bargaining agreements and Trust Agreements.

7. As agreed to by the Company shown in the collective bargaining agreement, all employers are required to procure, carry and maintain a surety bond in an amount that is satisfactory to the Union. This bond must be in excess of $5,000.00 to guarantee the payment of wages, Pension and Welfare Trust Contributions during the term of the Agreement. Plaintiffs request that Defendant within 60 days of the date of this judgment order provide written proof that it has obtained such a surety bond to plaintiffs' counsel, Karen I. Engelhardt, Allison, Slutsky & Kennedy, P.C., 230 W. Monroe Street, Chicago, IL 60606.

Wherefore, plaintiffs drafted a proposed judgment order for a total judgment against the Defendant Dean's Dynamic Concrete, Inc., in the amount of $23,366.19, and order Defendant to obtain and maintain a surety bond.

Joseph Gilleran, first duly sworn on oath, deposes and states as follows:

1. I am a Field Representative employed by the Laborers' Pension Fund and Laborers' Welfare Fund of the Health and Welfare Department of the Construction and General Laborers' District Council of Chicago and Vicinity (the "Laborers' Funds"), the plaintiffs in the above referenced action. My responsibilities include oversight of the collection of amounts owed by Dean's Dynamic Concrete, Inc. This affidavit is submitted in support of the Laborers' Funds' motion for a prove up of damages.

2. Dean's Dynamic Concrete, Inc., has been a signatory employer since November 30, 2009, as reflected by the Funds' records and as shown by the collective bargaining agreement which is a true and correct copy of the agreement between the Company and the Construction and General Laborers' District Council of Chicago and Vicinity and its affiliated local ("Union"), on file with the Funds and attached to the Complaint as Exhibit A.

3. I am aware that the Company submitted its books and records to the Funds' designated auditors from the firm of Bansley and Kiener, LLP, who prepared an audit a report dated June 21, 2017, reflecting unpaid contributions owed for the period from January 1, 2013 through March 31, 2017. I reviewed the report which shows that principal contributions are owed to the Welfare, Retiree Welfare, Pension, Training, LDCLMCC, WGC, LECET Funds and for Union dues in the amount of $12,168.36. A true and correct copy of the audit report will be attached to this affidavit,

4. The respective Agreements and Declarations of Trust of the Laborers Funds, to which Dean's Dynamic Concrete, Inc., is bound require payment of liquidated damages in the amount of 20 percent of the principal for the Welfare, Pension and Training Funds and ten percent for the LDCLMCC, WGC, LECET and for Union dues. Interest is owed at the rate of 12% on all delinquent amounts owed from the date of the delinquency forward. It is my responsibility to prepare' the damage and interest calculation for audit reports. With respect to the report prepared by the Bansley & Kiener, liquidated damages are owed in the amount of ten percent or $129.95. With respect to the Pension, Retiree Welfare, Welfare and Training Funds liquidated damages are owed in the amount of $2, 173.78.

5. Interest has been determined for unpaid Funds' contributions in the amount of $1,138.44, through June 22, 2017.

6. Audit fees paid by the Funds in connection with this matter were $862.50.

7. This Company owes $3,060.66 in past due accumulated penalties for reports paid untimely.

8. This Company does not have a surety bond on file with the Funds.

DEAN'S DYNAMIC CONCRETE, INC. 1685 N. 2501ST RD. OTTAWA, IL 61350

EMPLOYER #33898

JANUARY 1, 2013 — MARCH 31, 2017

We have applied certain procedures, as discussed below, to the payroll records of Dean's Dynamic Concrete, Inc., a contributing employer to the Pension and Welfare Funds of Construction and General Laborers' District Council of Chicago and Vicinity, for the period January 1, 2013 to March 31, 2017. The purpose of our review was to assist you in determining whether contributions to the Trust Funds are being made in accordance with the collective bargaining agreement in effect and with the Trust Agreement of the Fund. The propriety of the contributions is the responsibility of the employer's management.

Our procedures generally include a review of the pertinent provisions of the collective bargaining agreements and comparing underlying employer payroll records to Fund contribution records. The employer records we review may include payroll journals, individual earnings records, payroll tax returns, contribution reports, job classifications, and general disbursement records. The scope of this engagement is limited to records made available by the employer and would not necessarily disclose all exceptions in employer contributions to the Trust Fund. Any compensation paid to employees not disclosed to us or made part of the written record is not determinable by us and is not included in our review. Any findings are not based upon observations of employees doing actual work.

Our procedures relate to a review of the employer's payroll records only and do not extend to any financial statements of the contributing employer. The procedures were substantially less in scope than an audit of the financial statements of the contributing employer, the objective of which is the expression of an opinion on the contributing employer's financial statements. Accordingly, no such opinion is expressed.

The exceptions to employer contributions are noted on the accompanying report.

The findings of this report should not be construed as an endorsement or ratification of any of the company's contribution practices. The finding is based solely on those documents that the employer provided to the auditors. This firm has not been retained to provide, and does not provide, any interpretation or advice concerning any terms of the collective bargaining agreement between the company and the Union or the terms of the Funds' respective Agreement and Declarations of Trust. All questions concerning the company's contribution practices, or any contributions or benefits-related issue, should be directed to the Union or the Fund office. No failure to note an exception to any of the employer's contribution practices should be construed as a ratification of such practice or waiver of the Union or the Funds' ability to challenge such practice in the future.

This report is not a determination of withdrawal liability owed under the Multi-Employer Pension Plan Amendments Act, 29 U.S.C. Section 1101, et al.

I, Karen I. Engelhardt declare under oath and under the penalty of perjury the following:

1. I am an attorney and a shareholder at the law firm of Allison, Slutsky & Kennedy, P.C., counsel for Laborers' Pension Fund and the Laborers' Welfare Fund of the Health and Welfare Department of the Construction and General Laborers' District Council of Chicago and Vicinity, and James S. Jorgensen, Administrator. This affidavit is submitted to document attorneys' fees and costs incurred by the plaintiffs for work performed in connection with the above captioned lawsuit filed under Section 502(a)(3) of the Employee Retirement Income Security Act, 29 U.S.C. § 1132(a)(3), as amended, covering the period from February 2, 2017 through the present.

2. For all attorney time from February 2, 2017 forward, services were rendered to the Funds at the rate of $225.00 per hour for shareholder, $195.00 per hour for associates, and $110.00 per hour for clerks/paralegals. In this cause, records for legal work on this matter were kept contemporaneously and are attached hereto as Exhibit 1.

3. Exhibit 1 hereto sets forth the time expended from February 2, 2017 through August 3, 2017, by the firm's attorneys and paralegals in this matter. As set forth in that Exhibit, the Laborers' Funds have incurred legal fees to my film in this matter in the amount of $3,297.50.

4. In addition, the Plaintiffs have incurred the following costs in the prosecution of this matter totaling $535.00, which include filing and service fees.

FURTHER AFFIANT SAYETH NOT.

ORDER

This cause coming before the Court on the plaintiffs' Motion for damages, due notice having been given to the Defendant, and;

IT IS HEREBY ORDERED:

Judgment is entered on behalf of the Laborers' Pension and Welfare Funds and against Defendant Dean's Dynamic Concrete, Inc., in a total amount of $23,366.19, which consists of:

2. This Court orders Dean's Dynamic Concrete, Inc., to obtain and maintain a surety bond in the amount required by the Union to guarantee the payment of wages, pension and welfare contributions as required by Article IX of the collective bargaining agreement. It is further ordered that within 60 days of the date of this judgment order, Dean's Dynamic Concrete, Inc., shall provide written proof that it has obtained such a surety bond to plaintiffs' counsel, Karen I. Engelhardt, Allison, Slutsky & Kennedy, P.C., 230 W. Monroe Street, Suite 2600, Chicago, IL 60606. This Court orders Defendant Dean's Dynamic Concrete, Inc., to obtain and maintain a surety bond to guarantee the payment of wages, pension and welfare contributions as required by Article IX of the collective bargaining agreement.