Opinion
Civil Action 24 C 7231
11-04-2024
FOX VALLEY LABORERS HEALTH AND WELFARE FUND, et al., Plaintiffs, v. MIDWEST DIRT, LLC, an Illinois limited liability company, Defendant.
Catherine M. Chapman, Carson W. Fallo Attorneys for the Plaintiffs BAUM SIGMAN AUERBACH & NEUMAN, LTD
Catherine M. Chapman, Carson W. Fallo Attorneys for the Plaintiffs BAUM SIGMAN AUERBACH & NEUMAN, LTD
MOTION FOR ENTRY OF JUDGMENT
SARA L. ELLIS, JUDGE.
Plaintiffs, by their attorneys, default having been entered against the Defendant on October 15, 2024, request this Court enter judgment against Defendant, MIDWEST DIRT, LLC, an Illinois limited liability company, pursuant to F.R.Civ.P. Rule 55(b). In support of this Motion, Plaintiffs state:
1. On October 15, 2024, this Court entered default against Defendant and set this matter for prove-up by a telephone conference on November 14, 2024.
2. Plaintiffs, by the accounting firm of Calibre CPA Group, PLLC, caused an audit to be made to cover the period November 1, 2022 through January 31, 2024. Upon such audit, it is determined that Defendant owes Plaintiffs the amount of $86,664.35 for contributions. (See Affidavit of Deborah L. French).
3. Additionally, for the audit period, the amount of $8,666.44 is due for liquidated damages and $8,292.16 is due for interest. (French Aff. Par. 6).
4. Plaintiffs have expended the sum of $1,842.83 for the purpose of making the audit of the payroll books and records of the Defendant.
5. Plaintiffs have received partial payments from Defendant totaling $23,650.40.
6. In addition, Plaintiffs= firm has expended $458.00 for costs and $2,199.75 for attorneys= fees in this matter. (See Affidavit of Catherine M. Chapman).
7. Based upon the documents attached hereto, Plaintiffs request entry of judgment in the total amount of $84,473.13.
WHEREFORE, Plaintiffs respectfully request this Court to enter judgment in the amount of $84,473.13.