United States District Court, N.D. Illinois, Eastern Division
CHICAGO REGIONAL COUNCIL OF CARPENTERS PENSION FUND, et al. Plaintiffs,
MSM SOLUTIONS, INC., an Illinois corporation, Defendant.
CHICAGO REGIONAL COUNCIL OF CARPENTERS PENSION FUND BY:KEVIN
P. MCJESSY ONE OF THEIR ATTORNEYS
PLAINTIFFS' MOTION FOR ENTRY OF JUDGMENT
M. Dow Judge
Chicago Regional Council of Carpenters Pension Fund et
al. 's ("Trust Funds") hereby move this
Court to enter a judgment by default against defendant MSM
SOLUTIONS, INC. ("Defendant" or "MSM
SOLUTIONS"). In support of their Motion, Trust Funds
state as follows.
SUMMARY OF DAMAGES.
reasons explained more fully below, this Court should award
the Trust Funds $43, 835.22 in damages as follows:
(A) Unpaid Fringe Benefit Contributions
(C) Liquidated Damages
(D) Auditors' Fees
(E) Attorneys' Fees and Costs
October 18, 2016, the Trust Funds filed a complaint against
the Defendant under ERISA for unpaid fringe benefit
contributions owed by Defendant pursuant to an audit
conducted by the Trust Funds' designated auditor, Legacy
Professionals, LLP ("Legacy") for the period July
1, 2011 through December 31, 2014.
Trust Funds' complaint also seeks a judgment for all
unpaid contributions, interest and liquidated damages,
attorneys' fees and costs and auditors' fees pursuant
to the Employee Retirement Income Security Act
("ERISA"), Area Agreements and the trust agreements
to which Defendant is signatory.
complaint was served on Defendant on or about October 24,
affidavit of service was filed with the Clerk of Court on or
about October 27, 2016. See Affidavit of Service,
has failed to answer or appear.
December 13, 2016, this Court granted the Trust Funds'
motion for entry of an order of default. See Order,
Dec. 13, 2016, Docket No. 7.
Damages for Unpaid Fringe Benefit Contributions.
SOLUTIONS is bound by the Area Agreement with the Chicago
Regional Council of Carpenters ("Union").
See Declaration of J. Libby |3, Exhibit B. The Trust
Funds conducted an audit of MSM SOLUTIONS's books and
records which revealed unpaid fringe benefit contributions in
the amount of $21, 943.55. See Declaration of J.
Libby f|[4-8, Exhibit A.
ERISA, MSM SOLUTIONS is liable to the Trust Funds for any
unpaid fringe benefit contributions. ERISA states as follows:
In any action under this subchapter by a fiduciary for or on
behalf of a plan to enforce section 1145 of this title in
which a judgment in favor of the plan is awarded, the court