Opinion
24 C 6642
09-27-2024
CHICAGO & VICINITY LABORERS' DISTRICT COUNCIL PENSION FUND, CHICAGO & VICINITY LABORERS' DISTRICT COUNCIL WELFARE FUND, CHICAGO & VICINITY LABORERS' DISTRICT COUNCIL RETIRE HEALTH AND WELFARE FUND, and CATHERINE WENSKUS, not individually but as Administrator of the Funds, Plaintiffs, v. NU VETERANS CONSTRUCTION SERVICES, INC., an Illinois corporation, Defendant.
MOTION FOR ENTRY OF JUDGMENT IN SUM CERTAIN
Valderrama, Judge.
Now come Plaintiffs, Chicago & Vicinity Laborers' District Council Pension Fund, Chicago & Vicinity Laborers' District Council Welfare Fund, Chicago & Vicinity Laborers' District Council Retiree Health and Welfare Fund, and Catherine Wenskus, as Administrator of the Funds (collectively referred to hereinafter as the “Funds”), by and through their attorney, Amy Carollo, and hereby move this Court for an entry of judgment in sum certain against Defendant Nu Veterans Construction Services, Inc. (“Nu Veterans” or “Company” herein). In support of this Motion, Plaintiffs state as follows:
1. The Funds filed their Complaint on July 30, 2024, seeking to compel the Company to submit and pay its benefit reports/contributions, submit and pay its dues reports/dues, and pay all liquidated damages, interest, and accumulated liquidated.
2. Service of Summons and Complaint was effectuated on Defendant on August 7, 2024.
3. The Court entered an order of default against the Company on September 11, 2024.
4. The Company submitted but did not pay its April through August 2024 benefits and dues reports.
5. Pursuant to Section 502(g)(2) of the Employee Retirement Income Security Act (“ERISA”), as amended, 29 U.S.C. § 1132(g)(2), Section 301 of the Labor Management Relations Act (“LMRA”), as amended, 29 U.S.C. §185, the Agreement, Federal Common Law, and the Funds' respective Agreements and Declarations of Trust, the Funds are entitled to judgment in the amount of $51,244.58 against Nu Veterans Construction Services, Inc., as follows:
a. $49,466.08 in contributions, dues, interest, liquidated damages, and accumulated liquidated damages on its April through August 2024 benefits and dues reports. See Exhibit A, ¶ 6.
b. As set forth in the Declaration of Amy Carollo filed contemporaneously herewith and attached hereto as Exhibit B, $1,778.50 in attorneys' fees and costs expended in this matter.
WHEREFORE, Plaintiffs respectfully request that the Court:
A. enter Judgment in Plaintiffs' favor and against Nu Veterans Construction Services, Inc. in the amount of $51,244.58 and
B. order Nu Veterans Construction Services, Inc. to pay post judgment interest in all amounts due from the date of the judgment until the judgment is satisfied.