Filed: Aug. 27, 2019
Latest Update: Aug. 27, 2019
Summary: MOTION FOR ENTRY OF AGREED JUDGMENT M. DAVID WEISMAN , Magistrate Judge . Now come Plaintiffs Laborers' Pension Fund, Laborers' Welfare Fund of the Health and Welfare Department of the Construction and General Laborers' District Council of Chicago and Vicinity, the Chicago Laborers' District Council Retiree Health and Welfare Fund and Catherine Wenskus (collectively referred to hereinafter as the "Funds"), by and through their attorney, Katherine Mosenson, and hereby move this Court for En
Summary: MOTION FOR ENTRY OF AGREED JUDGMENT M. DAVID WEISMAN , Magistrate Judge . Now come Plaintiffs Laborers' Pension Fund, Laborers' Welfare Fund of the Health and Welfare Department of the Construction and General Laborers' District Council of Chicago and Vicinity, the Chicago Laborers' District Council Retiree Health and Welfare Fund and Catherine Wenskus (collectively referred to hereinafter as the "Funds"), by and through their attorney, Katherine Mosenson, and hereby move this Court for Ent..
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MOTION FOR ENTRY OF AGREED JUDGMENT
M. DAVID WEISMAN, Magistrate Judge.
Now come Plaintiffs Laborers' Pension Fund, Laborers' Welfare Fund of the Health and Welfare Department of the Construction and General Laborers' District Council of Chicago and Vicinity, the Chicago Laborers' District Council Retiree Health and Welfare Fund and Catherine Wenskus (collectively referred to hereinafter as the "Funds"), by and through their attorney, Katherine Mosenson, and hereby move this Court for Entry of the Parties' Agreed Judgment in favor of the Funds and against Defendants Dynamicx Enterprises, Inc. ("Dynamicx") and Nicolas Diaz ("Diaz") (collectively the "Defendants"). In support of this Motion, Plaintiffs state as follows:
1. On July 30, 2019 this Court directed Plaintiffs to provide a proposed agreed judgment order to Defense Counsel by August 12, 2019.
2. Plaintiffs' Counsel emailed Defense Counsel the proposed agreed judgment, attached hereto as Exhibit A, as well as an explanation and break-down of the figure in the proposed agreed judgment, $641.587.92. The agreed judgment figure explanation and breakdown is attached hereto as Exhibit B.
3. Defense Counsel and Plaintiffs' Counsel spoke on August 26, 2019, and Defense Counsel stated that the Defendants were in agreement with the calculations and did not object to the judgment amount.
4. As both Parties are in agreement with the proposed agreed judgment order, Plaintiffs' respectfully request that judgment be entered in favor of the Funds and against Dynamicx and Diaz, jointly and severally, in the amount of $641,587.92
WHEREFORE, Plaintiffs respectfully request that this Court enter judgment in favor of the Funds and against Dynamicx Enterprises, Inc., and Nicolas Diaz, jointly and severally, in the amount of $641,587.92.
Exhibit A
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
LABORERS' PENSION FUND, et al.,
Plaintiffs,
v. Case No.: 15 C 7881
DYNAMICX ENTERPRISES, INC.,
an Illinois corporation, and NICOLAS DIAZ, Magistrate Judge Weisman
individually,
Defendants.
AGREED JUDGMENT ORDER
Now come Plaintiffs, Laborers' Pension Fund, Laborers' Welfare Fund of the Health and Welfare Department of the Construction and General Laborers' District Council of Chicago and Vicinity, the Chicago Laborers' District Council Retiree Health and Welfare Fund, and Catherine Wenskus (the "Funds"), by and through their attorney, Katherine Mosenson, and Defendants, Dynamicx Enterprises, Inc. ("Dynamicx") an Illinois corporation, and Nicholas Diaz ("Diaz") individually (collectively the "Defendants"), by and through their attorney, Mario E. Utreras, and hereby agree to judgment as follows:
1. Judgment is hereby entered in favor of the Funds and against Dynamicx and Diaz, jointly and severally, in the amount of $641,587.92.
Respectfully submitted,
August 27, 2019
Laborers' Pension Fund, et al. Dynamicx Enterprises, Inc.
Nicolas Diaz
By: /s/ Katherine Mosenson By: /s/ Mario E. Utreras
Katherine Mosenson Mario E. Utreras
Office of Fund Counsel Utreras Law Offices, Inc.
Laborers' Pension and Welfare Funds 333 North Michigan Avenue
111 West Jackson Boulevard Suite 1815
Suite 1415 Chicago, IL 60601
Chicago, IL 60604 mutreras@utreraslaw.com
katem@chilpwf.com
ENTER:
______________________________
The Honorable M. David Weisman
United States District Court Magistrate Judge
Dated:_______________________
Exhibit B
10/1/16-6/30/18 Audit:
Per summary — $332,399.06
(subtract $86,202.02 sitting in PM for August 2017)
Equals $246,197.04
PLUS
July through December 2018 reports:
Fringes — $253,724.11
LDs — $25,372.41
Dues — $17,666.33
LDs — $1,766.63
PLUS
Balance on installment note:
$76,093.40
PLUS
Attorneys' fees & costs:
$20,768.00
TOTAL ON JUDGMENT:
$641,587.92
