TR. OF SUB. TEAMSTERS OF N. ILL. WEL. v. WILL CO. REC

Full title: TRUSTEES OF THE SUBURBAN TEAMSTERS OF NORTHERN ILLINOIS WELFARE AND…

Court: United States District Court, N.D. Illinois, Eastern Division

Date published: Feb 26, 2009

No. 08 C 7315 (N.D. Ill. Feb. 26, 2009)

Opinion

No. 08 C 7315.

February 26, 2009

TRUSTEES OF THE SUBURBAN TEAMSTERS OF NORTHERN ILLINOIS WELFARE AND PENSION FUNDS, John J. Toomey, ARNOLD AND KADJAN, Chicago, IL.

AFFIDAVIT IN SUPPORT OF ATTORNEYS' FEES

NOW COMES the undersigned, JOHN J. TOOMEY, upon being first duly sworn, deposes and states as follows:

1. The undersigned is counsel of record in Case No. 08 C 7315.

2. Affiant is an attorney licensed to practice law in the State of Illinois since 1978. Affiant is admitted to the trial Bar of the Northern District of Illinois, the Central District of Illinois and the Seventh, Eighth, Second, Eleventh Circuit Courts of Appeal, U. S. Tax Court and the United States Supreme Court.

3. The time spent in the case are as follows, were reasonably necessary in the prosecution of the case, and no paralegals were used:

December 22, 2008 Open file; draft complaint and summons and file with court 2 hours February 3, 2009 Return of service filed with the court .5 hours February 26, 2009 Draft Motion for Judgment in Sum Certain 1.5 hour Court appearance on Motion for Judgment in Sum Certain 1.0 hour 4. The costs expended in prosecuting the case are: Filing fee $350.00 Service of process Argus Agency $117.00 Total $467.00 5. Reasonable value of such services is One Hundred Eighty Five Dollars per hour: $185.00 × 5 hours $925.00 6. The total in fees and costs expended are: Attorneys' fees $925.00 Costs $467.00 Total $1,392.00 FURTHER AFFIANT SAYETH NOT.

AFFIDAVIT

RICHARD SIEBERT, upon being first duly sworn deposes and states as follows:

1. Affiant is employed by the Suburban Teamsters Welfare and Pension Fund ("Funds") as an auditor, is familiar with the Will County Recycling, Inc., an Illinois corporation audit ("Employer"), having examined its books and records to determine what amounts if any were due and owing the Funds, and is also familiar with the parties' agreement concerning contributions, liquidated damages and interest owed.

2. That an audit of Employer's books and records was performed on November 12, 2008 covering the period September, 2007 through September, 2008 and found to be owing:

Pension $87,964.31 Welfare $20,250.78 3. That Employer was given a copy of the audit and given notice of findings and has made no effort to pay or settle.

4. That the audit including liquidated damages and interest totals $108,215.09.

5. That Affiant suffers from no disability and can so testify and affirm such facts.

FURTHER AFFIANT SAYETH NOT.

This matter coming to be heard upon Plaintiff's Motion for Judgment in a sum certain and the court being fully advised in the premises,

IT IS HEREBY ORDERED AS FOLLOWS:

That judgment is entered in favor of the Plaintiff TRUSTEES OF THE SUBURBAN TEAMSTERS OF NORTHERN ILLINOIS WELFARE AND PENSION FUNDS and against the Defendant, WILL COUNTY RECYCLING, INC., an Illinois corporation in the amount of $109,607.09.

MOTION FOR JUDGMENT IN SUM CERTAIN

JAMES HOLDERMAN, District Judge

NOW COMES the Plaintiff, TRUSTEES OF THE SUBURBAN TEAMSTERS OF NORTHERN ILLINOIS WELFARE AND PENSION FUND, by and through its attorney, JOHN J. TOOMEY, ARNOLD AND KADJAN, and pursuant to FRCP 55 move for entry of a default judgment in sum certain as stated in this Complaint and the supporting Affidavits attached hereto. In support of its Motion, Plaintiffs state as follows:

1. Suit was filed on December 22, 2008 for collection of delinquent contributions plus attorneys' fees, costs and interest under 29 U.S.C. 1132(g)(2).

2. Service upon WILL COUNTY RECYCLING, INC., an Illinois corporation was made on the Defendant on January 29, 2009, and a copy of the proof of service was filed with the court on February 3, 2009.

3. Defendant is now in default as to the Complaint and as supported by the attached Affidavits the sums due are:$467.00

$87.964.31 Welfare $20,250.78 Pension $925.00 Attorneys fees Court costs $109,607.09

WHEREFORE, Plaintiff prays for:

1. Entry of judgment against Defendant, WILL COUNTY RECYCLING, INC., an Illinois corporation, and in favor of Plaintiffs, TRUSTEES OF THE SUBURBAN TEAMSTERS OF NORTHERN ILLINOIS WELFARE AND PENSION FUNDS in the amount of $109,607.09.

2. Order Defendant to produce its books and records to Plaintiffs' accountant within 21 days, to perform an audit for the period January, 2008 through the present time.

3. Grant Plaintiffs any other relief deemed equitable and just under the circumstances.