Opinion
22-CV-5959
06-16-2023
TRUSTEES OF THE PENSION, WELFARE AND VACATION FRINGE BENEFIT FUNDS OF IBEW LOCAL 701, Plaintiffs v. JONES ELECTRICAL CONTRACTORS, INC., an Illinois corporation, Defendant.
PAUL M. EGAN GRANT R. PIECHOCINSKI ARNOLD AND KADJAN LLP ATTORNEY
PAUL M. EGAN GRANT R. PIECHOCINSKI ARNOLD AND KADJAN LLP ATTORNEY
FINNEGAN MAGISTRATE JUDGE
PLAINTIFF'S MOTION FOR JUDGMENT IN SUM CERTAIN
BLAKEY JUDGE
Plaintiffs Trustees of the Pension, Welfare and Vacation Fringe Benefit Funds of IBEW Local 701, by and through their attorneys, Grant R. Piechocinski and ARNOLD AND KADJAN, LLP, hereby move this Court to enter an order for judgment in sum certain against Defendant JONES ELECTRICAL CONTRACTORS, INC. In support of their Motion, the Plaintiffs state as follows:
1. This is an action to recover delinquent fringe benefit fund contributions which are due and owing based on Collective Bargaining Agreements, Declarations of Trust and provisions of ERISA.
2. The corporate Defendant was served with the Summons and Complaint on November 7, 2022.
3. This Court entered an order of Default against the Defendant on December 5, 2022 (Docket Entry 6).
4. Defendant owes the Plaintiffs $40,047.83 as evidenced by a fringe benefit audit for the period of October 20, 2020 through December 31, 2022. This amount breaks down to $35,404.86 in contributions; $3,540.47 in liquidated damages on those contributions; and $1,102.50 in audit costs. (Ex. A - Wolf Declaration).
5. Defendant also owes a total of $2,572.00 in attorneys' fees and costs. (Ex. B -Piechocinski Declaration).
6. Therefore, Defendant, JONES ELECTRICAL, INC. owes a total of $42,619.83 in this matter.
WHEREFORE, Plaintiffs pray for the following relief:
A. That this Court enter judgment in favor of the Plaintiffs and against the Defendant JONES ELECTRICAL, INC. in the amount of $42,619.83; and
B. That this Court provide any such other or further relief it deems appropriate under the circumstances.