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Laborers' Pension Fund and Laborers' Welfare Fund v. Gould Excavating & Trucking

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


May 26, 2011

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, JAMES S. JORGENSEN, PLAINTIFFS,
v.
GOULD EXCAVATING & TRUCKING, INC. DEFENDANT.

The opinion of the court was delivered by: Judge Chang

ORDER

This cause coming before the Court on the plaintiffs' Motion for a prove up of damages due notice having been given to the defendant, entering judgment in sum certain.

IT IS HEREBY ORDERED:

1. A judgment is entered on behalf of the Laborers' Pension and Welfare Funds, plaintiffs in this action and against defendant Gould Excavating & Trucking, Inc. ("Company"), in the amount of $27,004.57, which includes the following: Principal contributions and Union dues as reflected in Company reporting information for the period April 1, 2008 through June 30, 2010. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,986.25 Principal contributions and Union dues as reflected in Company reporting information for the period July 1, 2010 through March 31, 2011. . . . $16,880.41 Liquidated damages for April 1, 2008 - June 30, 2010 delinquencies . . . . . . . . . . . . . . . . $310.68 Liquidated damages for July 1, 2010 - March 31, 2011 delinquencies . . . . . . . . . . . . . . $3,283.62 Accumulated liquidated damages for the July 2010 Report. . . . . . . . . . . . . . . . . . . . . . . . $758.41 Audit Costs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $562.70 Attorneys' fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,687.50 Costs.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $535.00

Also, this Court orders Gould Excavating & Trucking, Inc. to obtain and maintain a surety bond in the amount of five-thousand dollars, $5,000.00, which is required by the applicable collective bargaining agreement to guarantee the payment of wages, pension and welfare contributions in accordance with the terms of the applicable collective bargaining agreement. It is further ordered that, within 60 days of the date of this judgment order, Gould Excavating & Trucking, Inc. shall provide written proof that it has obtained such a surety bond, to plaintiffs' counsel, Angie Cowan Hamada, Esq., Allison Slutsky & Kennedy, P.C., 230 W. Monroe Street, Suite 2600, Chicago, Illinois 60606.

E N T E R E D

U.S. DISTRICT COURT

DATE

20110526

© 1992-2011 VersusLaw Inc.



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