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Laborers' Pension Fund v. Hard Surface Contractors, LLC

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

April 23, 2018

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,
v.
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 CERTAIN

          ELLIS JUDGE.

         Now 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:

         1. 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 Note.

         2. 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 and 9.

         3. On 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.

         4. Hard Surface filed a bankruptcy petition and a Suggestion of Bankruptcy was filed with the Court on May 18, 2015.

         5. 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.

         6. Defendant Jackson filed a bankruptcy petition but his petition was subsequently dismissed with prejudice and the corporate bankruptcy was resolved without discharge.

         7. Plaintiffs filed their Second Amended Complaint on July 26, 2017 mailing notice to Defendants Hard Surface and Jackson.

         8. 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.

         9. Accordingly, Defendants Hard Surface and Jackson remain as Defendants in the case and remain in default.

         10. 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. __).

         11. 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.

         AFFIDAVIT ...


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