Opinion
Civil Action 20-cv-50253
03-30-2022
CARPENTERS PENSION FUND OF ILLINOIS, et al., Plaintiffs, v. KYLER CONSTRUCTION, INC., Defendant.
Cecilia M. Scanlon, Attorney for the Plaintiffs
Cecilia M. Scanlon, Attorney for the Plaintiffs
MOTION FOR ENTRY OF JUDGMENT
MARGARET J. SCHNEIDER, MAGISTRATE JUDGE
Plaintiffs, by and through their attorneys, default having been entered against the Defendant on January 4, 2022, request this Court enter judgment against Defendant, KYLER CONSTRUCTION, INC., pursuant to F.R.Civ.P. Rule 55(b). In support of this Motion, Plaintiffs state:
1. On January 4, 2022, this Court entered default against Defendant.
2. In or around July 2021, Plaintiffs' auditors completed audits of the payroll books and records of Defendant for the time period November 1, 2017 through July 31, 2019. The audit findings show that the Defendant is delinquent in contributions to the Funds in the amount of $189,314.92, $18,931.49 for liquidated damages and the additional sum of $107,701.24 for interest, for a total of $315,947.65. (See Affidavit of David Bratek).
3. Plaintiffs' auditing firm of MacNell Accounting & Consulting charged Plaintiffs a total of $1,563.00 to perform the audit examinations and complete the audit reports and the Funds are entitled to recover said fees under their Trust Agreements (Bratek Aff. Par. 8).
4. In addition, Plaintiffs' firms have expended $1,130.00 for costs and $8,515.50 for attorneys' fees in this matter. (See Affidavits of Catherine M. Chapman and John P. Leahy).
5. Based upon the documents attached hereto, Plaintiffs request entry of judgment in the total amount of $327,156.15.
WHEREFORE, Plaintiffs respectfully request this Court to enter judgment in the amount of $327,156.15.