Opinion
Civil Action 23 C 4217
09-01-2023
FOX VALLEY LABORERS HEALTH AND WELFARE FUND, et al., Plaintiffs, v. PHOENIX ENERGY SERVICES, INC., an Illinois corporation, Defendant.
Catherine M. Chapman Attorney for the Plaintiffs BAUM SIGMAN AUERBACH & NEUMAN, LTD.
Catherine M. Chapman Attorney for the Plaintiffs BAUM SIGMAN AUERBACH & NEUMAN, LTD.
MOTION FOR ENTRY OF JUDGMENT
JOHN R. BLAKEY, JUDGE
Plaintiffs, by and through their attorneys, default having been entered against the Defendant on August 28, 2023, request this Court enter judgment against Defendant, PHOENIX ENERGY SERVICES, INC., an Illinois corporation, pursuant to F.R.Civ.P. Rule 55(b). In support of this Motion, Plaintiffs state:
1. On August 28, 2023, this Court entered default against Defendant.
2. In or around December 28, 2021, Plaintiffs' auditors completed an audit of Defendant's payroll books and records for the time period May 1, 2019 through May 31, 2021. Thereafter, on or about January 26, 2023, the parties entered into a Settlement and Release Agreement wherein the parties agreed that the Defendant was delinquent in contributions, liquidated damages, interest, audit fees and attorneys' fees in the total amount of $29,366.88, which included $28,130.84 for principal and $1,236.04 for interest (See Affidavit of Deborah L. French).
3. Defendant was to submit 12 monthly installments from February 1, 2023 through January 1, 2024, each in the amount of $2,447.24. Defendant submitted four installments of $2,447.24 on February 14, 2023, February 20, 2023, February 24, 2023 and April 1, 2023. However, one of the aforementioned installments was by a check made payable to Plaintiffs' counsel, Baum Sigman Auerbach & Neuman, Ltd. Plaintiffs' counsel deposited the check into its client trust account and thereafter wrote a check in the amount of $2,447.24 to the Plaintiff Funds. After Plaintiffs' counsel wrote a check from the client trust fund account to the Plaintiff Funds, Plaintiffs' counsel learned that Defendant's check made payable to Plaintiffs' counsel's law firm was returned “non-sufficient funds.” Plaintiffs' counsel sent Defendant's counsel numerous messages advising that the installment payment was returned “NSF” and requested that Defendant replace the payment of $2,447.24, which was due and owing to Plaintiffs' counsel's law firm (French Aff. Par. 6). Defendant failed and/or refused to replace the check.
4. Since Defendant only submitted three installments of $2,471.25 each, for a total of $7,341.72), there remains $22,025.16 due and owing pursuant to the terms of the Settlement and Release Agreement.
5. Plaintiffs' firm has expended $467.00 for costs and $2,471.25 for attorneys' fees in this matter. (See Affidavit of Catherine M. Chapman).
6. Based upon the documents attached hereto, Plaintiffs request entry of judgment in the total amount of $24,963.41.
WHEREFORE, Plaintiffs respectfully request this Court to enter judgment in the amount of $24,963.41.