United States District Court, N.D. Illinois, Eastern Division
CHICAGO REGIONAL COUNCIL OF CARPENTERS PENSION FUND, et al, Plaintiffs,
ORION HARDWOOD FLOORS, INC., a Wisconsin corporation, Defendant.
CHICAGO REGIONAL COUNCIL OF CARPENTERS PENSION FUND ET AL.
KEVIN P. MCJESSY MCJESSY, ONE OF THEIR ATTORNEYS
P. MCJESSY CHING & THOMPSON, LLC
PLAINTIFFS' MOTION FOR ENTRY OF JUDGMENT
VIRGINIA M. KENDALL, JUDGE.
Chicago Regional Council of Carpenters Pension Fund et
al.' s ("Plaintiffs") hereby move this
Court to enter a judgment by default against defendant ORION
HARDWOOD FLOORS, INC., a Wisconsin corporation
("Defendant") pursuant to Federal Rule of Civil
Procedure 55. In support of their Motion, Plaintiffs state as
SUMMARY OF DAMAGES.
reasons explained more fully below, this Court should award
Plaintiffs $36, 271.94 in damages as follows:
(A) Unpaid Fringe Benefit Contributions
(C) Liquidated Damages
(D) Auditors' Fees
(E) Attorneys' Fees and Costs
ENTRY OF FINAL JUDGMENT.
December 7, 2016, Plaintiffs 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
Plaintiffs' designated auditor, Legacy Professionals, LLP
("Legacy") for the period January 1, 2015 through
September 30, 2016.
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
complaint was served on Defendant on December 28, 2016.
See Affidavit of Service, Docket No. 5. The
affidavit of service was filed with the Clerk of Court on or
about January 3, 2017. See Affidavit of Service,
Docket No. 5. Defendant tailed to answer or appear.
Court entered an order of default against Defendant on
February 28, 2017. See Order, Docket Report No. 12.
That order provides in part that:
to Federal Rule of Civil Procedure 55(a), an order of default
is hereby entered in favor of the CHICAGO REGIONAL COUNCIL OF
CARPENTERS PENSION FUND et al.
("Plaintiffs") and against defendant ORION HARDWOOD
FLOORS, INC., a Wisconsin corporation
("Defendant"). Defendant is hereby ordered:
A. to produce to Plaintiffs or their designated auditors.
Legacy Professionals, LLP within twenty-one (21) days of the
date of entry of this Order all of Defendant's books and
records necessary so that Plaintiffs may complete an audit of
Defendant's fringe benefit contributions for the period
January 1, 2015 through December 31, 2016;
B. to pay any and all amounts Plaintiffs may discover to be
due pursuant to the audit, 29 U.S.C. §1132(g)(2)(A);
C. to pay auditor's fees incurred by Plaintiffs to
complete the audit of Defendant's books and records, 29
D. to pay interest on the amount that is due, 29 U.S.C.
E. to pay interest or liquidated damages on the amount that
is due, whichever is greater, 29 U.S.C. §1132(g)(2)(C);
F. to pay reasonable attorneys' fees and costs Plaintiffs
incurred in this action and attorneys' fees that
Plaintiffs incur to obtain full compliance with this Order
and to collect any amounts due and owing to the Plaintiffs,
29 U.S.C. §1132(g)(2)(D).
See Order, Docket Report No. 12.
the entry of the order of default on February 28, 2017 and
after entry of a rule to show cause, Plaintiffs were able to
conduct an audit of Defendant's books and records which
revealed unpaid fringe benefit contributions in the amount of
$19, 528.38. See Declaration of K. Guastaferri
¶¶6-7, Exhibit A; Order, June 28, 2017, Docket
Report No. 16.
completion of the audit, Plaintiffs asked Defendant for
additional information on September 22, 2017, September 26,
2017, October 4, 2017, October 6, 2017 and October 23, 2017
but Defendant did not respond to the requests for
information. See Emails from K. McJessy, Counsel for
Plaintiffs, to B. Kobiske, President of Defendant, dated
September 22, 2017, September 26, 2017, October 4, 2017,
October 6, 2017 and October 23, 2017, Group Exhibit D.
Damages for Unpaid Fringe Benefit Contributions.
is bound by the Area Agreement with the Chicago Regional
Council of Carpenters ("Union"). See
Declaration of K. Guastaferri ¶3, Exhibit A. Under
ERISA, Defendant is liable to Plaintiffs for any ...