Opinion
24 C 8915
11-07-2024
TRUSTEES OF THE SUBURBAN TEAMSTEJ OF NORTHERN ILLINOIS WELFARE AND PENSION FUNDS. Plaintiffs, v. RUANE CONSTRUCTION, INC,, an Illinois corporation, Defendant.
John J. Tharp Judge
MOTION FOR JUDGMENT IN SUM CERTAIN
Beth W. Jantz Magistrate Judge
NOW COME the Plaintiffs, TRUSTEES OF THE SUBURBAN TEAMSTERS OF NORTHERN ILLINOIS WELFARE AND PENSION FUND, by and through its attorney, JOI IN J. TOOMEY. ARNOLD AND KADJAN, LLP and pursuant to FRCP 55(b)(2) move for judgment in sum certain as stated in this Motion and the supporting Affidavits attached hereto as Exhibits 1 and 2. In support of its Motion, Plaintiffs state as follows:
1. Suit was filed on September 25, 2024 for collection of delinquent contributions plus attorneys' fees, costs and interest under 29 U.S.C. 1132(g)(2).
2. Service was made upon RUANE CONSTRUCTION. INC., an Illinois corporation on October 7, 2024.
3. Defendant is now in default on the Complaint and as supported by the attached Affidavits (Exhibits 1 and 2) the sums due are:
$47,954.91 Welfare
$57,122.21 Pension
$1,250.00 Attorneys fees
$468.00 Court costs
$106,795.12 TotalWHEREFORE, Plaintiffs pray for:
1. Entry of judgment in a sum certain against Defendant, RUANE CONSTRUCTION, INC,, an Illinois corporation, and in favor of Plaintiffs, TRUSTEES OF THE SUBURBAN TEAMSTERS OF NORTHERN ILLINOIS PENSION AND WELFARE FUNDS in the amount of $106,795.12 with no just reason for delay in enforcement under FRCP 54(b).
TRUSTEES OF THE SUBURBAN TEAMSTERS OF NORTHERN ILLINOIS PENSION AND WELFARE FUNDS
s/John J. Toomey
ARNOLD AND KADJAN, LLP
35 E. Wacker Drive, Suite
600 Chicago, IL 60601
Telephone No.: (312)236-0415
Facsimile No.: (312) 341-0438
Dated: November 5, 2024
EXHIBIT 1
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. 2024 C 8915.
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 and Eleventh Federal Circuit Courts of Appeal, U.S. Tax Court and the United States Supreme Court since January 11, 1982.
3. The time spent in the case is as follows, was reasonably necessary in the prosecution of the case, no paralegals were used:
| September 25, 2024 Open file; draft complaint and summons and file with court | 2 hours |
| October 8, 2024 Return of service filed with the court . | 5 hours |
| November 5, 2024 Draft Motion for Judgment in Sum Certain | 1.5 hours |
| Court appearance on Motion for Judgment in Sum Certain | 1.0 hours |
4. The costs expended in prosecuting the case are:
| Filing fee | $405.00 |
| Reliant Agency Service of Complaint | $63.00 |
| Total Costs | $468.00 |
5. Reasonable value of such services is Two Hundred Fifty Dollars per hour:
| $250.00 x 5 hours | $1,250.00 |
6. The total in fees and costs expended are:
| Attorneys' fees | $1,250.00 |
| Costs | $468.00 |
| Total | $1,718.00 |
FURTHER AFFIANT SAYETH NOT.
JOHN J. TOOMEY
ARNOLD AND KADJAN, LLP
35 E. Wacker Drive
Suite 600
Chicago, Illinois 60601
(312) 236-0415
EXHIBIT 2
AFFIDAVIT
JOSE M. COLIN, upon being first duly sworn deposes and states as follows:
1. Affiant is employed by the Suburban Teamsters Welfare and Pension Funds (“Fund”) as the Fund Manager and is familiar with the RUANE CONSTRUCTION, INC., an Illinois corporation, audit 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. An audit was performed on July 25, 2024, for the period April 1,2018 through June 30, 2024 and found to be owing by the Employer:
Pension $57,122.21
Welfare $47,954.91
Total $105,077.12
3. Affiant is above the age of 21, suffers from no disability and has actual knowledge of the above and could so testify.
FURTHER AFFIANT SAYETH NOT.
SUBSCRIBED AND SWORN to before me this 7 day of November, 2024.
ORDER OFTUDGMENT
This matter coming to be heard upon Plaintiffs' Motion for Judgment in Sum Certain and the Court being fully advised in the premises, IT IS HEREBY ORDERED AS FOLLOWS:
1. Judgment is hereby entered in the case in favor of the Plaintiffs TRUSTEES OF THE SUBURBAN TEAMSTERS OF NORTHERN ILLINOIS WELFARE AND PENSION FUNDS and against the Defendant, RUANE CONSTRUCTION, INC., an Illinois corporation as follows:
$47,954.91 Welfare
$57,122.21 Pension
$1,250.00 Attorneys fees
$468.00 Court costs
$106,795.12Total for a total judgment in the amount of $106,795.12, there is no just reason for delay in enforcement under FRCP 54(b).