Motion for Entry of Judgment

ROBERT W. GETTLEMAN, District Judge.

Plaintiffs by their attorney, Daniel P. McAnally, move this Court to enter judgment in this case against the Defendant and in support state:

1. This is an ERISA trust fund collection case that was settled in the form of an Agreed Order of Dismissal ("Agreed Order") and payment plan. (Exhibit A) This case was reinstated on November 7, 2017 due to Defendant's breach of the settlement.

2. Pursuant to the Agreed Order, Defendant agreed to pay $21,550.00. On August 3, 2017, Plaintiffs' legal counsel received a partial payment of $1,500.00. No other payments were received.

3. Pursuant to the Agreed Order, in the event of a breach, Plaintiffs have the right to request judgment for the balance owed pursuant to this Order, plus accrued liquidated damages, audit fees in the amount of $1,300.00 and the Plaintiffs' attorney fees expended in enforcing this order.

4. Plaintiffs claim for ERISA contributions as set forth in the Agreed Order for Dismissal total $16,776.84. This number is based on and audit of Morcom for the period January 2015 through June 30, 2016. The fund received a partial payment of $1,500.00 in August 2017. The balance due on the contributions is $15,276.84. (Exhibit B, Declaration of Debbie Trzeciak, Client Services Manager for the for the Iron Workers' Tri-State Welfare Plan)

5. Because of Morcom's failure to pay contributions in a timely manner, the Trust Agreement and Collective Bargaining Agreement mandate the assessment of liquidated damages. Also, the Agreed Order of Dismissal allows for the assessment of liquidated damages. The liquidated damages calculation was based on the rate set forth in the controlling Trust Agreements, which is 1.5% per month. The amount of liquidated damages owed for the contributions due is $5,368.64 for the period December 2015 through December 2017.

4. As a result the following is owed:

WHEREFORE, Plaintiffs pray for an entry of judgment against Morcom Construction Company for $24,090.48

EXHIBIT LIST

Exhibit - A

Agreed Order of Dismissal

The parties hereby agree that this case has been settled and that all issues and controversies have been resolved to their mutual satisfaction.

IT IS HEREBY ORDERED THAT:

Exhibit-B

SWORN DECLARATION PURSUANT TO 28 U.S.C.A. § 1746

Debbie Trzeciak declares as follows:

1. I am the Client Services Manager for the for the Iron Workers' Tri-State Welfare Plan and in suchcapacityl am authorizedto make this Declaration on behalf of the Trust Fund. I have reviewed the account as to Morcom Construction Company.

2. Pursuant to the provisions of the Collective Bargaining Agreements and Trust Agreement, the Defendant is required to submit monthly reports which list the number of hours worked by its iron worker employees and the Defendant is required to pay contributions based upon the hours listed.

3. Plaintiffs claim for ERISA contributions as set forth in the Agreed Order for Dismissal total $16,776.84. This number is based on and audit of Morcom for the period January 2015 through June 30, 2016. The fund received a partial payment of $1,500.00 in August 2017. The balance due on the contributions is $5,276.84.

4. Because of Morcom's failure to pay contributions in a timely manner, the Trust Agreement and Collective Bargaining Agreement mandate the assessment of liquidated damages. Also, the Agreed Order of Dismissal allows for the assessment of liquidated damages. The liquidated damages calculation was based on the rate set forth in the controlling Trust Agreements, which is 1.5% per month. The amount of liquidated damages owed is $5,368.64 for the period December 2015 through December 2017.

I declare under penalty of perjury under the laws of the United States of America that the foregoing information contained in this Declaration is true and correct.

Exhibit-C

SWORN DECLARATION PURSUANT TO 28 U.S.C.A. § 1746

Daniel P. McAnally declares as follows:

1. I am an associate of the law firm of McGann, Ketterman & Rioux and am licensed to practice law in the State of Illinois and in the U.S. Dist. Court for Northern District of Illinois, Eastern Division.

2. I have personal knowledge of the facts stated herein and if called to testify in this matter, I can competently testify to such facts from my own such knowledge.

3. I have in excess of 23 years experience representing trustees of employee benefit plans, including the prosecution of Federal Court litigation to collect delinquent employer contributions.

4. The Agreed Order of Dismissal entered in this case allowed for Plaintiffs' attorney fees incurred in enforcing the order.

5. Attorneys of this firm have devoted 11.00 hours in connection with enforcing the Agreed Order of Dismissal at the rate of $195.00 per hour. The total attorney fees billings is $2,145.00.

6. I have spoken with four other lawyers from four different labor law firms who practice this type of ERISA trust fund litigation. Based on my knowledge and experience, the rates charged by the hour in this case are less than or equal to the usual and customary rates charged by other law firms doing similar work in the United States District Court for the Northen District of Illinois.

7. I certify that the attached detailed attorney fees and costs totaling $2,145.00 were necessary and reasonable.

I declare under penalty of perjury under the laws of the United States of America that the foregoing information contained in this Declaration is true and correct.