Opinion
Civil Action 21 C 1229
07-21-2021
IRON WORKERS' MID-AMERICA PENSION PLAN, et al., Plaintiffs, v. STEVEN KINKELAAR, d/b/a KINKELAAR PRODUCTS & SERVICES, INC., a dissolved Illinois corporation, Defendant.
Patrick N. Ryan Attorney for the Plaintiffs BAUM SIGMAN AUERBACH & NEUMAN, LTD.
STATE OF ILLINOIS COUNTY OF COOK
Patrick N. Ryan Attorney for the Plaintiffs BAUM SIGMAN AUERBACH & NEUMAN, LTD.
AFFIDAVIT
FRANKLIN U. VALDERRAMA, JUDGE.
CATHERINE M. CHAPMAN, being first duly sworn upon her oath, deposes and states:
1. I am one of the attorneys for the Plaintiffs in the above-entitled action, I have personal knowledge of the facts regarding this matter and the time expended in the prosecution of this action now pending in the United States District Court and, if called as a witness, I am competent to testify in respect thereto.
2. I and my associates have expended three and three-quarter (3.75) hours in the prosecution of the above-entitled action, including the initial investigation and preparation of the Complaint, preparation of correspondence to the Defendant and Plaintiffs' process server, review of the audit of Defendant's payroll books and records, preparing and filing of the instant Motion for Entry of Default and Judgment, including Affidavits in support thereof.
3. I have in my possession a complete written record of the hours expended and costs incurred in the prosecution of this action in the form of client billing records which specify the various activities of Counsel required in the litigation of this matter and confirms the number of hours expended and costs incurred as set forth above.
4. I and my associates routinely spend between one-half hour to three-quarters of an hour appearing for a telephonic hearing on a motion for entry of default and judgment. Based on this experience, I estimate that the Funds will incur one-half (.50) additional hour of attorneys' fees to appear by telephone for the hearing on the instant motion for entry of default and judgment.
5. Attached hereto is a complete written record of the hours expended and costs incurred in the prosecution of this action in the form of client billing records which specify the various activities of counsel required in the litigation of this matter.
6. The usual and normal hourly charges by Affiant's law firm for Federal Court litigation under the Labor-Management Relations Act and the Employee Retirement Income Security Act of 1974 range from $70.00 to $96.00 per hour for paralegals, $165.00 to $207.00 per hour for associates and from $210.00 to $320.00 per hour for partners based on their level of experience.
7. To the best of my knowledge and belief, the rates charged per hour are less than or equal to the usual and customary rates charged by other law firms doing similar work in the United States District Court for the Northern District of Illinois.
8. Plaintiffs have incurred costs related to the prosecution of this action consisting of $402.00 for their court filing fee and $35.00 to serve Defendant with the summons and complaint.
9. Section 502(g)(2) of the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. Section 1132(g)(2) provides that the Court must award a Plaintiff its costs and reasonable attorneys' fees:
In any action under this title by a fiduciary for or on behalf of a plan to enforce Section 515 in which a judgment in favor of the plan is awarded, the Court shall award the plan... (D) reasonable attorneys' fees and costs of the action, to be paid by the defendant....
10. Furthermore, the Trust Agreements governing the Funds, and to which Defendant is bound, provide for payment by the Defendant of all costs of collection, including audit and attorneys' fees incurred by the Plaintiffs.
11. I make this Affidavit in support of the Plaintiffs' Motion for Entry of Default and Judgment and an award of Plaintiffs' costs totaling $437.00 and Plaintiffs' reasonable attorneys' fees in the sum of $619.00.
FURTHER AFFIANT SAYETH NOT.