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 SS COUNTY OF COOK
Patrick N. Ryan Attorney for the Plaintiffs BAUM SIGMAN AUERBACH & NEUMAN, LTD.
AFFIDAVIT
FRANKLIN U. VALDERRAMA, JUDGE.
PAUL E. FLASCH, first being duly sworn upon his oath, deposes and says:
1. I am now, and since the first day of January 2019, have been employed by the Trustees of the Iron Workers' Mid-America Pension Plan and Iron Workers' Mid-America Supplemental Monthly Annuity (SMA) Fund, as Administrative Manager, and in such capacity, I have personal knowledge of the matters hereinafter set forth and if called as a witness in the instant proceedings I am competent to testify in respect thereto.
2. Among my responsibilities and duties, I am charged with keeping and maintaining records of contributions received by the Plaintiffs from participating employers, maintain individual records on each person, firm, and corporation required to make contributions to the Plaintiffs Funds, receive and record contributions reports made by such persons, firms or corporations, and have under my supervision and direction all books, records, documents and papers relating to such Plaintiffs Funds, and have been delegated the authority by all other Plaintiffs to coordinate and supervise the recovery of delinquent employer contributions on their behalf, receiving thereby access to all necessary information.
3. An audit was performed upon the payroll books and records of the Defendant by Legacy Professionals, LLP, Certified Public Accountants. The audit covered the period from January 1, 2018 through December 31, 2019. A copy of the audit report is attached.
4. I have examined the Statement of Additional Reportable Hours that was prepared by Legacy Professionals, LLP and have determined that, based upon those additional hours for which contributions are due and all other evidence maintained in my records, the amount of $6, 051.17 is due from the Defendant to the Plaintiff Funds for contributions.
5. Pursuant to the Trust Agreements, a liquidated damages surcharge has been assessed against the Defendant based on the unpaid contributions due pursuant to the audit in the total amount of $1, 846.15.
6. Defendant has made a partial payment of $2, 348.43 toward amounts due and owing for the audit of its payroll books and records performed for the time period January 1, 2018 through December 31, 2019.
7. Legacy Professionals, LLP has charged the Trustees the sum of $1, 825.26 for auditing fees, which sum has been paid. Pursuant to the terms of the Trust Agreements to which Defendant is bound, Defendant has agreed to be liable for payment of said sum.
8. I am duly authorized by Plaintiffs in this behalf, I have personal knowledge of the matters set forth above and if I am called as a witness in this cause, I am competent to testify thereto.
9. I make this Affidavit in support of the application of Plaintiffs for entry of default and judgment and request this Court to consider the same as proof in support of the allegations contained in the Complaint of the Plaintiffs and such other facts herein set forth.
CERTIFICATE OF SERVICE
The undersigned, an attorney of record, hereby certifies that he electronically filed the foregoing document (Affidavit of Paul E. Flasch) with the Clerk of Court using the CM/ECF system, and further certifies that I have mailed the above-referenced document by United States Mail to the following non-CM/ECF participant on or before the hour of 5:00 p.m. this 30th day of April 2021: