Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Plumbers Pension Fund v. U.S. Plumbing & Sewer, Inc.

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

January 14, 2020

PLUMBERS' PENSION FUND, LOCAL 130, U.A., PLUMBERS' WELFARE FUND, LOCAL 130, U.A., THE TRUST FUND FOR APPRENTICE AND JOURNEYMAN EDUCATION AND TRAINING, LOCAL 130, U.A., PLUMBERS' RETIREMENT SAVINGS PLAN FUND, LOCAL 130, U.A., and CHICAGO JOURNEYMEN PLUMBERS' LOCAL UNION 130, U.A., GROUP LEGAL SERVICES PLAN FUND, Plaintiffs,
v.
U.S. PLUMBING & SEWER, INC. and JOHN DIFOGGIO, individually, Defendants.

          Michael J. McGuire Attorney for Plaintiffs

          MOTION FOR JUDGMENT IN SUM CERTAIN AGAINST DEFENDANT JOHN DIFOGGIO

          Kocoras Judge

         Plaintiffs, the PLUMBERS' PENSION FUND, LOCAL 130, U.A. et. el., (hereafter “Plaintiffs”) by and through their attorneys Michael J. McGuire and Gregorio & Marco, Ltd. hereby move this Honorable Court to Enter a Judgment in a Sum Certain against Defendant JOHN DIFOGGIO, (hereafter “DiFoggio”). In support of their Motion, Plaintiffs state as follows:

1. Plaintiffs filed their motion for Judgment on the Pleadings against Defendant DiFoggio, under Counts II and III of the Second Amended Complaint on August 28,
2. This Honorable Court granted Plaintiffs motion for Judgement on the Pleadings against DiFoggio under Counts II and III per written Order dated October 25, 2019, Document number 38. A true and correct copy of the Order is attached as Exhibit A.
3. The parties have not been able to come to an agreement as to the damages owed by DiFoggio under Counts II and III of the Second Amended Complaint and Plaintiff is bringing this motion for entry of a Judgment in a Sum Certain against DiFoggio.
4. This Court under Count II found that DiFoggio was an employer under ERISA and was liable to the Plaintiffs for unpaid contributions to the various Trust Funds for the time period of December 5, 2018 to the present.
5. Defendant, DiFoggio failed to remit fringe benefit contribution reports and contributions for the months of December 2018, January 2019 and February 2019 in the total amount of $99, 150.66. A true and correct copy of the fringe benefit reports are attached as Exhibit B. Please also see Exhibit C, Affidavit of Anthony Rottman.
6. Defendant, DiFoggio has not made any payments to the Plaintiffs for the contributions shown to be due for December 2018, January 2019 and February 2019. See Exhibit C, Paragraph 9.
7. This Court under Count III found that DiFoggio breached a contract between himself and the Fund and was personally liable for the breach.
8. Pursuant to the contract, attached as Exhibit D, at Paragraphs 2 and 8, DiFoggio personally guaranteed payment of $39, 156.63.
9. DiFoggio made no payments under the contract to the Plaintiffs. See Exhibit C, Paragraph 9, affidavit of Anthony Rottman.
10. Plaintiffs, through third party collection efforts against surety bonds and through mechanics' liens collected a total of $74, 860.08 which has been applied to the outstanding amounts owed by DiFoggio. Exhibit C, Paragraph 10.
11. DiFoggio owes the Plaintiffs the total of $138, 307.29 in missing fringe benefit contributions less amounts collected in the amount of $74, 860.08 for a total of $63, ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.