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Trustees of Chicago Painters v. Madison Coating Company, Inc.
United States District Court, N.D. Illinois, Eastern Division
August 3, 2018
TRUSTEES OF THE CHICAGO PAINTERS AND DECORATORS PENSION FUND, et al. Plaintiffs,
MADISON COATING COMPANY, INCORPORATED, an Illinois Corporation, d/b/a MADISON COATINGS INC., Defendant.
S. Pigott One of Plainitffs' attorneys
D. SCHWARTZ JAMES R. ANDERSON ANDREW S. PIGOTT ARNOLD &
PLAINTIFFS' MOTION FOR JUDGMENT IN SUM
by and through their attorneys, DONALD D. SCHWARTZ, JAMES R.
ANDERSON, ANDREW S. PIGOTT and ARNOLD AND KADJAN LLP move
this Court to enter judgment against Defendant in the amounts
determined in its recent fringe benefit fund contribution
compliance audits. In support of their Motion, the Plaintiffs
state as follows:
1. This is an action to recover delinquent fringe benefit
fund contributions and other amounts owed based on breaches
of Collective Bargaining Agreements, and the applicable
provisions of ERISA.
2. Plaintiffs served Defendant with their Complaint seeking
an order commanding compliance with an ERISA fringe benefit
contributions audit on June 25, 2017.
3. More than twenty-one passed after service of process and
the Defendant did not answer or otherwise plead, leading this
Court to grant Plaintiffs motion for entry of a default and
issuance of an audit order. Defendant successfully moved the
Court to vacate the default on August 14, 2017.
4. Plaintiffs' auditor completed her review of
Defendant's books and records and issued audit reports in
February 2018, which Plaintiffs promptly provided to
5. At the May 11, 2018 hearing before this Court, the Court
ordered Defendant to answer Plaintiffs' Complaint by May
6. Defendant did not comply with the Court's May 11
Order, failing to timely answer or to tender challenges to
the audit's findings as promised at each status hearing
subsequent to the issuance of the audit reports.
Additionally, Defendant failed to answer Plaintiffs'
discovery issued May 7, 2018.
7. After Plaintiff moved for a default judgment, on June 28,
2018, Defendant moved to file its answer instanter
on July 4, 2018.
8. The Court granted Defendant's motion at a hearing on
July 6, 2018, and further ordered Defendant to answer
Plaintiffs' discovery by July 30, 2018.
9. Defendant tendered purported MIDP disclosures on July 17,
2018. The disclosures, however, failed to conform with the
Northern District's standing order as they failed to
identify any defenses or alternative calculation of damages
(i.e., audit challenges). Rather, on those mandatory
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