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Board of Trustees of the Pipe Fitters v. Valparaiso Plumbing Company

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


February 3, 2011

BOARD OF TRUSTEES OF THE PIPE FITTERS RETIREMENT FUND, LOCAL 597; BOARD OF TRUSTEES OF THE PIPE FITTERS WELFARE FUND, LOCAL 597; BOARD OF TRUSTEES OF THE PIPE FITTERS TRAINING FUND, LOCAL 597; THE BOARD OF TRUSTEES OF THE CHICAGO AREA MECHANICAL CONTRACTING INDUSTRY IMPROVEMENT TRUST; THE PIPE FITTERS' ASSOCIATION, LOCAL 597 U.A.; BOARD OF TRUSTEES OF THE PIPE FITTERS' INDIVIDUAL MAGISTRATE ACCOUNT AND 401(K) PLAN; AND JUDGE: KEYS BOARD OF TRUSTEES OF THE PIPE FITTING COUNCIL OF GREATER CHICAGO, PLAINTIFFS,
v.
VALPARAISO PLUMBING COMPANY, INC., AN INDIANA CORPORATION; AND ROGER T. DODRILL JR., AN INDIVIDUAL; DEFENDANTS.

The opinion of the court was delivered by: Judge: Feinerman

MOTION FOR ENTRY OF JUDGMENT

1. On or about October 29, 2010, Plaintiffs filed their Complaint in the above-captioned matter.

2. On November 5, 2010, copies of the Summons and Complaint were served upon Defendant VALPARAISO via corporate service, by leaving true and correct copies of said documents with DODRILL, the President of Defendant VALPARAISO. (Affidavit of Service is attached as Exhibit 1).

3. On November 5, 2010, copies of the Summons and Complaint were served upon Defendant DODRILL, via personal service, by leaving true and correct copies of said documents with DODRILL. (Affidavit of Service is attached as Exhibit 2).

4. Defendants VALPARAISO and DODRILL have failed to Answer or otherwise plead to the allegations of the Complaint within 21 days of November 5, 2010, the date on which the Defendants were served with the Summons and Complaint. (Fed. R. Civ. P. 12(a)(1)(A)(i)).

5. This Court may render a Default Judgment against a party who has not filed a responsive pleading or otherwise defended the suit. (Fed. R. Civ. P. 55(b)(2)).

6. This case involves the Defendants' failure to submit Contribution Reports, contributions, and wage deductions to the Plaintiffs, as required by the terms of the Collective Bargaining Agreement and Trust Agreements to which the Defendants are bound.

7. Defendants VALPARAISO and DODRILL currently owe the TRUST FUNDS and UNION $12,385.03 in unpaid contributions for the time period of September through December 2010. (Affidavit of Greg Watson is attached as Exhibit 3).

8. Defendants VALPARAISO and DODRILL owe the TRUST FUNDS $4,573.08 in unpaid liquidated damages and $281.18 in unpaid interest for the time period of December 2009 through present. (Exhibit 3).

9. VALPARAISO and DODRILL owe the TRUST FUNDS $2,306.25 in reasonable attorney's fees and court costs incurred by the Plaintiffs pursuant to the Collective Bargaining Agreement, Trust Agreements and 29 U.S.C. § 1132(g)(2)(D). (Affidavit of Attorney's Fees is attached as Exhibit 4).

10. A proposed Judgment Order has been submitted to the Court.

WHEREFORE, Plaintiffs request the following:

A. That Judgment be entered in favor of Plaintiffs and against Defendants VALPARAISO and DODRILL, jointly and severally, in the amount of $12,385.03 for unpaid contributions for the time period of September through December 2010;

B. That Judgment be entered in favor of Plaintiffs and against Defendants VALPARAISO and DODRILL, jointly and severally, in the amount of $4,854.26 for unpaid liquidated damages and interest for the time period of December 2009 through present;

C. That Judgment be entered in favor of Plaintiffs and against Defendants VALPARAISO and DODRILL, jointly and severally, in the amount of $2,306.25 for all reasonable attorney's fees and costs incurred by the Plaintiffs pursuant to the Collective Bargaining Agreement, Trust Agreements and 29 U.S.C. §1132(g)(2)(D); and

D. That Plaintiffs have such other relief and further relief as the Court may deem just and equitable all at Defendants' cost, pursuant to 29 U.S.C. §1132(g)(2)(E).

Respectfully submitted, TRUSTEES OF THE PIPE FITTERS RETIREMENT FUND, LOCAL 597 et al.

By: William P. Callinan -- 6292500

One of Plaintiffs' Attorneys William P. Callinan JOHNSON & KROL, LLC 300 South Wacker Drive, Suite 1313 Chicago, Illinois 60606 (312) 372-8587

20110203

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