Trs. of the Chi. Painters v. Legend Constr. Servs.

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

Court: United States District Court, Northern District of Illinois

Date published: Sep 22, 2023

23-cv-01815 (N.D. Ill. Sep. 22, 2023)

Opinion

23-cv-01815

09-22-2023

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 SAVINGS FUND, TRUSTEES OF THE 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. LEGEND CONSTRUCTION SERVICES, INC., an Illinois corporation. Defendant.

Hon. Judge Hunt Judge.

PLAINTIFFS' MOTION FOR JUDGMENT IN SUM CERTAIN

Hon. Judge Hunt Judge.

Plaintiffs, by and through their attorneys, Donald D. Schwartz, Janies R. Anderson, Brian C. James, Grant R. Piechocinski 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 March 23, 2023 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 May 5, 2023, Defendant has been in default. [Docket Entry 12].

4. A fringe benefit contribution compliance audit revealed Defendant owes Plaintiffs $75,436.48, consisting of $54,948.90 in contributions, $8,242.34 in liquidated damages for those findings, $3,207.01 in discrepancies due on monthly reports submitted by Defendant without payment for all hours reported, $7,148.23 in liquidated damages due for untimely paid monthly contribution reports and $1,890.00 in audit costs for the period of April 1, 2021 through July 31, 2022. See Exhibit A - Richard Wolf Affidavit ¶¶ 2-4.

5. Defendant owes $3,397.00 in attorneys' fees and costs. See Exhibit B - Brian James Affidavit ¶ 6.

6. Defendant owes a total of $78,833.48 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 $78,833.48 for the audit period of April 1, 2021 through July 31, 2022; and

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