United States District Court, N.D. Illinois, Eastern Division
LABORERS' PENSION FUND, LABORERS' WELFARE FUND OF THE HEALTH AND WELFARE DEPARTMENT OF THE CONSTRUCTION AND GENERAL LABORERS' DISTRICT COUNCIL OF CHICAGO AND VICINITY, THE CHICAGO LABORERS' DISTRICT COUNCIL RETIREE HEALTH AND WELFARE FUND, and CATHERINE WENSKUS, Administrator of the Funds, Plaintiffs,
HARD SURFACE CONTRACTORS, LLC, an Illinois limited liability corporation, RONALD D. JACKSON, JR., individually, and HARD SURFACE SOLUTIONS, INC., an Illinois corporation also D/B/A SEAL-KOTE SERVICES, Defendants.
MOTION FOR ENTRY OF DEFAULT JUDGMENT IN SUM
come Plaintiffs Laborers' Pension Fund and Laborers'
Welfare Fund of the Health and Welfare Department of the
Construction and General Laborers' District Council of
Chicago and Vicinity and Catherine Wenskus, Administrator of
the Funds (collectively referred to hereinafter as the
"Funds"), by and through their attorney, Patrick T.
Wallace, and hereby move the Court for the Entry of Default
Judgment in Sum Certain in favor of Plaintiffs and against
Defendants Hard Surface Contractors, LLC (hereinafter
"Hard Surface" or the "Company") and
Ronald D. Jackson, Jr. ("Jackson"). In support of
this Motion, Plaintiffs state as follows:
Plaintiffs filed their Complaint on March 18, 2015 seeking to
compel the Company to submit current benefit reports and
contributions from the period of January 1, 2015 forward and
to accelerate and confess judgment on a defaulted Installment
Summons and Complaint were served via Affidavit of Compliance
for Service on the Illinois Secretary of State on corporate
Defendant Hard Surface on March 31, 2015 and Summons and
Complaint were personally served on individual Defendant
Ronald D. Jackson, Jr. on March 30, 2015. See Docket Nos. 12
March 31, 2015, Plaintiffs filed their First Amended
Complaint which was noticed and served to Defendants via mail
on the same day. See Docket Nos. 10 and 11.
Surface filed a bankruptcy petition and a Suggestion of
Bankruptcy was filed with the Court on May 18, 2015.
Plaintiffs obtained a judgment as to individual Defendant
Jackson in the amount of $83, 904.19 pursuant to Fed.R.Civ.P.
54(b) as to Count III of Plaintiffs' First Amended
Complaint on September 11, 2015.
Defendant Jackson filed a bankruptcy petition but his
petition was subsequently dismissed with prejudice and the
corporate bankruptcy was resolved without discharge.
Plaintiffs filed their Second Amended Complaint on July 26,
2017 mailing notice to Defendants Hard Surface and Jackson.
Plaintiffs filed a Stipulation of Dismissal as to the Third
Defendant added in their Second Amended Complaint, Hard
Surface Solutions, Inc., also d/b/a Seal-Kote Services. See
Docket Entry No. 49.
Accordingly, Defendants Hard Surface and Jackson remain as
Defendants in the case and remain in default.
Plaintiffs respectfully request that the Court enter Judgment
in Sum Certain in favor of Plaintiffs and against Hard
Surface on Count III of Plaintiffs' Second Amended
Complaint in the amount of $83, 904, 19 representing $81,
720.44 due on the defaulted Installment Note and $2, 183.75
in attorneys' fees and expenses due at the time judgment
was entered as to individual Defendant Jackson on Count III
of Plaintiffs' initial Amended Complaint on September 11,
2015 as supported by that Motion. See Plaintiffs Motion for
Entry of Default Judgment in Sum Certain Pursuant to Fed. R.
Civ, P. 54(b) and For Order of Default filed on May 12, 2015
(Docket Entry No. __).
Plaintiffs further request that the Court enter judgment in
favor of Plaintiffs and against Defendants Hard Surface
Contractors, LLC and Ronald D. Jackson, Jr. on Counts I and
II of Plaintiffs' Second Amended Complaint in the amount
of $38, 888.46 representing $21, 829.01 due and owing on the
audit of Hard Surface Contractors, LLC's books and
records for the period of January 1, 2014 through December
31, 2014. See Affidavit of James Fosco, attached hereto as
Exhibit A, ¶ 6, and $17, 079.45 in attorneys' fees
and expenses. See Declaration of Patrick T. Wallace, attached
hereto as Exhibit B.