United States District Court, N.D. Illinois, Eastern Division
CHICAGO REGIONAL COUNCIL OF CARPENTERS PENSION FUND, Plaintiffs,
J R JONES FIXTURE CO., a Minnesota corporation, Defendant.
P. McJessy One of their attorney
MOTION FOR ENTRY OF JUDGMENT
Chicago Regional Council of Carpenters Pension Fund et
al. 's ("Trust Funds") hereby move this
Court to enter a judgment by default against defendant J R
JONES FIXTURE CO., a Minnesota corporation
("Defendant") pursuant to Federal Rule of Civil
Procedure 55. In support of their Motion, Trust Funds state
SUMMARY OF DAMAGES.
reasons explained more fully below, this Court should award
the Trust Funds $17, 399.30 in damages as follows:
(A) Unpaid Fringe Benefit Contributions
(C) Liquidated Damages
(D) Auditors fees
(E) Attorneys' Fees and Costs
30, 2017, the Trust Funds filed a complaint against the
Defendant under the Employee Retirement Income Security Act
("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 January 1, 2014 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 ERISA, the Area Agreements and the trust agreements to
which Defendant is signatory.
13, 2017, this Court granted the Trust Funds' motion to
serve Defendant by alternative means. See Order,
July 13, 2017, Docket No. 7. The complaint was served on
Defendant on or about July 27, 2017. See Affidavit
of Service, Docket No. 8. The affidavit of service was filed
with the Clerk of Court on or about August 14, 2017.
See Affidavit of Service, Docket No. 8.
failed to answer or appear.
Damages for Unpaid Fringe Benefit Contributions.
is bound by the Area Agreement with the Chicago Regional
Council of Carpenters ("Union"). See
Declaration of K. Guastafem ¶3, Exhibit A. The Trust
Funds conducted an audit of Defendant's books and records
which revealed unpaid fringe benefit contributions in the
amount of $5, 798.49. See Declaration of K.
Guastaferri ¶¶6-7, Exhibit A.
ERISA, Defendant 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