Iron Workers' Mid-America Pension Plan v. All American Steel, Inc.
This text of Iron Workers' Mid-America Pension Plan v. All American Steel, Inc. (Iron Workers' Mid-America Pension Plan v. All American Steel, Inc.) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION IRON WORKERS’ MID-AMERICA ) PENSION PLAN, et al., ) ) Plaintiffs, ) CIVIL ACTION ) vs. ) NO. 17 C 2405 ) ALL AMERICAN STEEL, INC., ) JUDGE CHARLES P. KOCORAS an Illinois corporation, ) ) Defendant. ) MOTION FOR ENTRY OF JUDGMENT Plaintiffs, by and through their attorneys, default having been entered against the Defendant on May 25, 2017, request this Court enter judgment against Defendant, ALL AMERICAN STEEL, INC., an Illinois corporation. In support of that Motion, Plaintiffs state: 1. On May 25, 2017, this Court entered default against Defendant and granted Plaintiffs’ request for an order directing an audit of the Defendant’s payroll books and records covering the period January 1, 2014 forward. The Court also entered an order that judgment would be entered after the completion of the audit. 2. Based on the limited records provided by Defendant, Plaintiffs estimate that the Defendant is delinquent in contributions to the Funds in the amount of $150,375.51. (See Affidavit of Joseph J. Burke). See, Gesauldi v. J. H. Reid, 198 F.Supp. 3d 24, 219 (E.D.N.Y. 2016) (“Damages based on estimated unpaid contributions are authorized under Section 502 of ERISA.”). 3. Additionally, the amount of $40,456.08 is due for liquidated damages. (Burke Aff. Par. 8). 4. In addition, Plaintiffs’ firm has expended $485.00 in costs and $3,623.50 in attorneys’ fees, for a total of $4,108.50, in this matter. (See Affidavit of Catherine M. Chapman). 5. Based upon the documents attached hereto, Plaintiffs request entry of judgment in the total amount of $194,940.09.
WHEREFORE, Plaintiffs respectfully request this Court to enter judgment in the amount of $194,940.09.
/s/ Patrick N. Ryan
Patrick N. Ryan Attorney for Plaintiffs BAUM SIGMAN AUERBACH & NEUMAN, LTD. 200 West Adams Street, Suite 2200 Chicago, IL 60606-5231 Bar No.: 6278364 Telephone: (312) 216-2573 Facsimile: (312) 236-0241 E-Mail: pryan@baumsigman.com I:\MIDJ\All American Steel\motion-judgment.pnr.df.wpd
2 CERTIFICATE OF SERVICE The undersigned, an attorney of record, hereby certifies that he electronically filed the foregoing document (Motion for Entry of Judgment) with the Clerk of Court using the CM/ECF system, and further certifies that I have e-mailed and/or mailed the above-referenced document by United States Mail to the following non-CM/ECF participants on or before the hour of 4:00 p.m. this 14th day of February 2018: Mr. Cleo Rodriguez, Registered Agent/President All American Steel, Inc. 204 E. Village Drive Northlake, IL 60164 Mr. Richard M. Varchetto Attorney at Law 105 S. York Road, Suite 440 Elmhurst, IL 60126 /s/ Patrick N. Ryan Patrick N. Ryan Attorney for Plaintiffs BAUM SIGMAN AUERBACH & NEUMAN, LTD. 200 West Adams Street, Suite 2200 Chicago, IL 60606-5231 Bar No.: 6278364 Telephone: (312) 216-2573 Facsimile: (312) 236-0241 E-Mail: pryan@baumsigman.com I:\MIDJ\All American Steel\motion-judgment.pnr.df.wpd
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
Iron Workers' Mid-America Pension Plan v. All American Steel, Inc., Counsel Stack Legal Research, https://law.counselstack.com/opinion/iron-workers-mid-america-pension-plan-v-all-american-steel-inc-ilnd-2018.