Trs. of Chi. Painters & Decorators Pension Fund v. Gandt Builders, Inc.

Full title: TRUSTEES OF THE CHICAGO PAINTERS AND DECORATORS PENSION FUND, TRUSTEES OF…

Court: United States District Court, Northern District of Illinois

Date published: Dec 17, 2021

19-cv-6520 (N.D. Ill. Dec. 17, 2021)

Opinion

19-cv-6520

12-17-2021

TRUSTEES OF THE CHICAGO PAINTERS AND DECORATORS PENSION FUND, TRUSTEES OF THE CHICAGO PAINTERS AND DECORATORS WELFARE FUND, TRUSTEES OF THE CHICAGO PAINTERS AND DECORATORS DEFERRED SAVINGS FUND, TRUSTEES OFTHE CHICAGO PAINTERS AND DECORATORS APPRENTICESHIP FUND, TRUSTEES OF THE CHICAGO PAINTERS AND DECORATORS SCHOLARSHIP FUND, AND TRUSTEES OF THE CHICAGO PAINTERS AND DECORATORS JOINT COOPERATION TRUST FUND, Plaintiffs, v. GANDT BUILDERS INC., a Nevada Corporation.

TRUSTEES OF THE CHICAGO PAINTERS AND DECORATORS PENSION FUND et al, Brian C. James One of Plaintiffs' Attorneys DONALD D. SCHWARTZ JAMES R. ANDERSON BRIAN C. JAMES ARNOLD AND KADJAN LLP

Hon. Heather K. McShain Magistrate Judge

TRUSTEES OF THE CHICAGO PAINTERS AND DECORATORS PENSION FUND et al, Brian C. James One of Plaintiffs' Attorneys DONALD D. SCHWARTZ JAMES R. ANDERSON BRIAN C. JAMES ARNOLD AND KADJAN LLP

PLAINTIFFS' MOTION FOR JUDGMENT IN SUM CERTAIN

Hon. Heather K. McShain Magistrate Judge

Plaintiffs, by and through their attorneys, Donald D. Schwartz, James R. Anderson, Brian C. James and Arnold and Kadjan, LLP hereby submit their Motion for Judgment in Sum Certain. In support thereof, Plaintiffs state as follows:

1. Plaintiffs filed this action on October 1, 2019 under the Employee Retirement Income Security Act (“ERISA”) (29 U.S.C. §1001 et seq.) to compel Defendant to undergo a fringe benefit contrition compliance audit and for this Court to enter judgment for any and all amounts shown due.

2. Defendant is a signatory employer required to make contributions to the Plaintiff Funds.

3. Since June 25, 2020, Defendant has been in default. [Docket Entry 36].

4. A fringe benefit compliance audit revealed Defendant owes Plaintiffs $10,145.75 in contributions, liquidated damages, and audit costs for the period of June 1, 2018 through June 30, 2021. See Exhibit A - Richard Wolf Affidavit ¶6.

5. Defendant owes $5,570.00 in attorneys' fees and costs. See Exhibit B - Brian James Affidavit ¶6.

6. Defendant owes a total of $15,715.75 to Plaintiffs in this action. WHEREFORE, Plaintiffs request that this Court:

A. Enter judgment in favor of the Plaintiffs against Defendant in the amount of $15,715.75; and

B. Any such other and further relief that this Court deems appropriate.