Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Kaspar v. D M D Services, Inc.

United States District Court, N.D. Illinois, Eastern Division

March 22, 2017

RICHARD J. KASPAR as ADMINISTRATOR of LOCAL No. 731, I. B. of T., EXCAVATORS AND PAVERS PENSION TRUST FUND, and LOCAL No. 731, I. B. of T., EXCAVATORS AND PAVERS PENSION TRUST FUND, Plaintiffs,
v.
D M D SERVICES, INC. and any trade trade or business under common control with D M D SERVICES, INC., Defendants.

          Jeremy M. Barr Attorney for the Plaintiffs

          MOTION FOR DEFAULT JUDGMENT AGAINST D M D SERVICES, INC.

          Virginia M. Kendall, Judge

         Plaintiffs Richard J. Kaspar (“Kaspar”) as Administrator of the Local No. 731, I. B. of T., Excavators and Pavers Pension Trust Fund and the Local No. 731, I. B. of T., Excavators and Pavers Pension Trust (“Fund”), through their attorneys, Dowd, Bloch, Bennett, Cervone, Auerbach & Yokich pursuant to Federal Rule of Civil Procedure 55(b), respectfully move this Court for entry of a final default judgment against Defendant D M D Services, Inc. (“DMD” or “Company”) under Count I of the Complaint. In support of this motion, the Plaintiffs state as follows:

         1. This is an action to collect withdrawal liability under the Employee Retirement Income Security Act of 1974 (“ERISA”), as amended by of the Multiemployer Pension Plan Amendments Act of 1980. Count I of the Complaint seeks withdrawal liability, liquidated damages, interest, and attorneys' fees and costs from DMD. Count II seeks joint and several liability for these damages against and any trades or businesses under common control with DMD (collectively, “Control Group Members”) that the Plaintiffs have not yet identified.

         2. Plaintiffs filed their Complaint against DMD and the Control Group Members on January 27, 2017. Compl. [Doc. No. 1].

         3. DMD was dissolved on May 1, 2016 and has failed to maintain a registered agent. Off. of the Ill. Sec. of St. Corp. Detail Rpt., a copy of which is attached hereto as Exhibit A.

         4. Effective February 27, 2017, the Fund served DMD through the Illinois Secretary of State under 805 ILCS 5/5.25 by sending copies of the complaint, summons, and file-stamped Affidavit of Compliance for Service of Secretary of State to DMD's last registered office and the address that the Fund believed to be most likely to result in actual notice, 24 Glenoble Court; Oak Brook, IL 60523. Return of Service [Doc. No. 6].

         5. Pursuant to Federal Rule of Civil Procedure 12(a)(1)(A)(i), DMD was required to answer or otherwise plead in response to the Complaint within 21 days of February 27, 2017, or on or before March 20, 2017.

         6. As of the date of this motion, DMD has not filed a motion for enlargement of time, an answer, or any other pleading in response to the Complaint.

         7. DMD has not timely responded to the Complaint or provided a good-faith basis for failing to do so. DMD is now in default under Federal Rule of Civil Procedure 55(a).

         8. On November 9, 2016, DMD received from the Fund a notice of withdrawal liability meeting the requirements of Sections 4202(2) and 4219 of ERISA, 29 U.S.C. §§ 1382(2) and 1399. Compl. ¶¶ 10-16, 23.

         9. The notice required payment of DMD's full, accelerated withdrawal liability of $362, 931 by no later than December 20, 2016. Compl. ¶¶ 11-12.

         10. DMD has not remitted any withdrawal liability payments or challenged the withdrawal liability assessment. Compl. ¶¶ 17-19; Aff. Kaspar ¶ 6, a copy of which is attached hereto as Exhibit B.

         11. Under ERISA and the Fund's governing documents, the Fund is entitled to a judgment against DMD for the full, accelerated withdrawal liability, plus interest, liquidated damages, and the attorneys' fees and costs. 29 U.S.C. §§ ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.