December 11, 2013
TERRENCE J. HANCOCK, TIMOTHY P. DUNLAP, JOHN LISNER, STEVE VOGRIN, THOMAS YONKER, and LARRY GROOT as Trustees of the LOCAL No. 731, I.B. of T., PRIVATE SCAVENGERS HEALTH and WELFARE FUND, and TERRENCE J. HANCOCK, JOHN LISNER, TIMOTHY P. DUNLAP, MICHAEL RICHARDSON, STEVE VOGRIN, and THOMAS J. YONKER as TRUSTEES of the LOCAL No. 731, I. B. of T., PRIVATE SCAVENGERS and GARAGE ATTENDANTS PENSION TRUST FUND, Plaintiffs,
UNION RECYCLING & WASTE SERVICES, INC., ARMOR RECYCLING, INC., AND ARMOR RECYCLING OF INDIANA, INC., Defendants.
Michele M. Reynolds, (ARDC# 6237957) Jeremy M. Barr, (ARDC# 6299047) Josiah A. Groff, (ARDC# 6289628) David P. Lichtman, (ARDC# 6290051) DOWD, BLOCH & BENNETT,
PLAINTIFFS' MOTION FOR SUPPLEMENTAL JUDGMENT
Plaintiffs Terrence J. Hancock, Timothy P. Dunlap, John Lisner, Dale Bolt, Brad Webb, James Buik, Michael I. Richardson, and Edward DeNormandie as Trustees of Local No. 731, I.B. of T., Garage Attendants, Linen and Laundry Health and Welfare Fund and Terrence J. Hancock, John Lisner, Timothy P. Dunlap, Michael I. Richardson, Steve Vogrin, and Thomas J. Yonker as Trustees of Local No. 731, I.B. of T., Private Scavengers and Garage Attendants Pension Trust Fund (collectively, "Funds"), through their attorneys Dowd, Bloch & Bennett, respectfully move this Court for a supplemental judgment. In support of the motion, the Funds state as follows:
1. This is an action to collect delinquent contributions, plus related interest, liquidated damages, and attorneys' fees, that Union Recycling & Waste Services, Inc. ("Union Recycling") failed to remit to the Funds, in violation of 29 U.S.C. § 1145 and 29 U.S.C. § 185.
2. On May 23, 2013, the Court entered a default judgment against Union Recycling and Armor Recycling, Inc., jointly and severally, in the amount of $74, 193.42. Final Judm. Or. [Doc. No. 19].
3. On September 12, 2013, the Court entered an order that also holds Armor Recycling of Indiana, Inc. jointly and severally liable for the $74, 193.42 judgment nunc pro tunc May 23, 2013. Final Judm. Or. [Doc. No. 38].
4. The judgment against the Defendants included the attorneys' fees and costs incurred by the Funds as of May 15, 2013, which totaled $3, 859.63. Final Judgm. Or.
5. The Funds have now incurred a total of $22, 438.35 in attorneys' fees and costs as a result of the delinquency that is the subject matter of this litigation. Supp. Aff. Barr, a copy of which is attached hereto as Exhibit A.
6. Thus, the Funds have incurred an additional $18, 578.72 in attorneys' fees and costs that were not included in the judgment entered against the Defendants.
7. The Funds incurred those additional attorneys' fees and costs enforcing their judgment against the Defendants, which did not cooperate with the Funds' collections efforts and did not voluntarily remit any payments to the Funds to satisfy the judgment.
8. Specifically, the Funds' efforts to enforce the judgment have included three motions for turnover, the motion for a judgment against Armor Recycling of Indiana, Inc., a motion for a rule to show cause against the Defendants' owner for violating citations to discover assets, litigation over which creditor was entitled to Clune Construction Company's accounts payable to Union Recycling, and three citation examinations. Supp. Aff. Barr ¶ 8.
9. Pursuant to 29 U.S.C. § 1132(g)(2), the Funds are entitled to the "reasonable attorney's fees and costs of [an] action" to collect delinquent contributions; the attorneys' fees and costs that the Funds incurred enforcing their judgment directly resulted from this action and the Funds are therefore entitled to those additional fees and costs under 29 U.S.C. § 1132(g)(2).
WHEREFORE, the Funds respectfully move this Court to enter a supplemental judgment order for $18, 578.72 in attorneys' fees and costs, in the form of the proposed order submitted to the Court.
I, Jeremy M. Barr, of full age, being duly sworn on my oath, hereby depose and say as follows:
1. I am an attorney admitted to the General Bar of this Court and the State of Illinois.
2. Since February 2010, I have been an associate in the firm Dowd, Bloch & Bennett ("Firm"), where I practice exclusively in the areas of labor, employment, and employee benefits law. In my position at the Firm, I represent the Plaintiffs in Case Number 13-cv-2032.
3. This affidavit is based on my personal knowledge and, if necessary, I could testify to the facts contained in this affidavit.
4. The rate which our firm charges the Funds is $240.00 per hour for partners' work; $175.00 per hour for work completed by me and other associates; and $90.00 per hour for law clerks' work. I believe these rates are extremely reasonable in light of the Firm's experience and the nature of the case.
5. Through December 10, 2013, the Firm has devoted a total of 114.1 billable hours to the representation of the Local No. 731, I.B. of T., Private Scavengers Health and Welfare Fund and the Local No. 731, I.B. of T., Private Scavengers and Garage Attendants Pension (collectively, "Funds") in connection with this case.
6. Based on the above rates and 114.1 hours of work through December 10, 2013, the Funds have incurred attorneys' fees and $20, 483.75 related to this case.
7. Through May 15, 2013, the Funds incurred attorneys' fees for work including demanding payment, communicating with the Funds and the Defendant regarding the status of the case, preparing the Complaint and other related documents, arranging for service, preparing the motion for entry of default, appearing at the hearing on the motion for default, communicating with the Defendants concerning completion of the contribution reports, and preparing the prove-up affidavits and proposed judgment order.
8. Since May 15, 2013 the Funds have incurred attorneys' fees for work including preparing three motions for turnover, drafting a motion for a judgment against Armor Recycling of Indiana, Inc., preparing and litigating a motion for a rule to show cause against the Defendants' owner for violating citations to discover assets, litigating which creditor was entitled to Clune Construction Company's accounts payable to Union Recycling, and conducting three citation examinations.
9. In addition to attorneys' fees, the Funds have incurred costs in the amount of $1, 190.10, comprised of $350.00 in filing fees, $272.00 in service fees, $51.38 in postage and shipping costs, $343.10 in photocopying and document production expenses, and $173.62 for LEXIS research fees.
10. Attached as Exhibit 1 are invoices for this case through December 10, 2013, reflecting attorneys' fees of $20, 483.75 and costs of $1, 190.10 related to this case, which have been or will be billed to the Funds.
11. Since December 10, 2013, the Firm has devoted an additional 1.5 hours to resolving this case, including reviewing, revising, and supplementing this affidavit, the motion for a supplemental judgment, and the proposed judgment order, electronically filing those documents, and submitting the proposed judgment order.
12. Consequently, the Funds have incurred an additional $239.50 in attorneys' fees for services provided from December 11, 2013 through the date this affidavit is filed.
13. I anticipate that, after filing the motion for a supplemental judgment and related documents and submitting the proposed judgment order, I will devote at least three additional hours to this case, in preparing for and attending the hearing on the motion, examining any orders that the Court may enter, and informing my clients and the Defendant of the results.
14. The Funds will therefore incur an additional $525.00 in attorneys' fees for services provided after the date this affidavit is filed.
15. Accordingly, the total amount of attorneys' fees and costs and fees incurred by the Funds as a result of this action will be $22, 438.35.
I have read the foregoing affidavit and swear that it is true and correct to the best of my knowledge, information, and belief.