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Structural Iron Workers Local No. 1 Pension Fund v. All American Steel, Inc.

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

November 13, 2019

STRUCTURAL IRON WORKERS LOCAL NO. 1 PENSION FUND, Plaintiff,
v.
ALL AMERICAN STEEL, INC., an Illinois Corporation; and CLEOFAS J. RODRIGUEZ, an individual, Defendants.

          STRUCTURAL IRON WORKERS LOCAL NO. 1 PENSION FUND William M. Blumthal, Jr. One of Plaintiff's Attorneys

          MOTION FOR JUDGMENT IN SUM CERTAIN AS TO ALL AMERICAN STEEL, INC. AND CLEOFAS J. RODRIGUEZ

          CHARLES R. NORGLE, JUDGE.

         NOW COMES the Plaintiff, the STRUCTURAL IRON WORKERS LOCAL NO. 1 PENSION FUND (“Pension Fund”), by and through its attorneys, JOHNSON & KROL, LLC, and move this Honorable Court for entry of Judgment in Sum Certain against Defendants ALL AMERICAN STEEL, INC. (“AASI”) and CLEOFAS J. RODRIGUEZ (“Rodriguez”), and in support state as follows:

         1. On November 20, 2018, the Plaintiff filed its Complaint against AASI and Rodriguez in the above captioned matter. (Docket No. 1).

         2. On February 18, 2019, the Plaintiff filed a Motion for Default Judgment based on the failure of Defendants AASI and Rodriguez to file an Answer or responsive pleading. (Docket No. 12).

         3. On February 21, 2019, the Court granted the Plaintiff's Motion for Default Judgment and entered a Default Judgment Order that entered Judgment in favor of the Pension Fund and against AASI in the aggregate amount of $21, 517.25 and against Rodriguez in the aggregate amount of $11, 531.73. (Docket No. 15); (A copy of the Default Judgment Order is attached as Exhibit 1).

         4. In addition, the Default Judgment Order ordered AASI to produce specific records to facilitate the completion of a payroll compliance audit. (Docket No. 15); (Exhibit 1).

         5. The Default Judgment Order also stated that “Plaintiff is granted leave to file a Motion for Judgment in Sum Certain for any additional contributions, liquidated damages, interest, and/or union dues discovered to be due and owing after the completion of the payroll compliance audit, as well as any audit fees as permitted by the CBA and Trust Agreements, and any additional attorneys' fees and costs that are incurred.” (Docket No. 15); (Exhibit 1).

         6. Thereafter, the Plaintiff sought records directly from AASI, but eventually was forced to move the Court requesting an order compelling AASI's accountant to produce the records necessary to complete a payroll compliance audit. (Docket No. 22).

         7. On May 17, 2019, this Court granted the Plaintiff's Motion and ordered AASI's accountant to produce the records necessary to complete a payroll compliance audit. (Docket No. 25).

         8. AASI's accountants immediately complied with the Court's Order.

         9. Based on the records produced by AASI's accountants, the Plaintiff was able to complete a payroll compliance audit of AASI for the period of June 1, 2015, through May 31, 2019.

         10. The audit revealed that from June 1, 2015, through May 31, 2019, AASI failed to remit contributions and dues totaling $60, 662.08 to the Pension Fund and affiliated trust funds for which the Pension Fund serves as the collection agent. (Certification of John Gardiner is attached as Exhibit 2).

         11. Based on the unpaid contributions, liquidated damages totaling $12, 132.42 and interest totaling $14, 327.19 are owed to the Pension Fund and affiliated trust funds for which the Pension Fund serves as the collection agent ...


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