Trustees of the Cement Masons Pension Fund, Local 502 et al v. Fitzpatrick Cement, Inc.
Filing
11
MOTION by Plaintiffs Trustees of the Cement Masons Apprentice Education and Training Fund, Local 502, Trustees of the Cement Masons Institute of Chicago, Illinois, Trustees of the Cement Masons Pension Fund, Local 502, Trustees of the Cement Masons Savings Fund, Local 502 for judgment (Attachments: # 1 Exhibit A - Affidavit of Bill Beeman, # 2 Exhibit B - Affidavit of Donald Schwartz, # 3 Text of Proposed Order)(Schwartz, Donald)
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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
TRUSTEES OF THE CEMENT MASONS
)
PENSION FUND, LOCAL 502; TRUSTEES
)
OF THE CEMENT MASONS INSTITUTE OF
)
CHICAGO, ILLINOIS; TRUSTEES OF THE
)
CEMENT MASONS SAVINGS FUND, LOCAL )
502; and TRUSTEES OF THE CEMENT MASONS)
APPRENTICE EDUCATION AND TRAINING )
FUND, LOCAL 502,
)
)
Plaintiffs
)
)
v.
)
)
FITZPATRICK CEMENT, INC., AN ILLINOIS )
CORPORATION,
)
)
Defendant.
)
No. 11 C 5839
Judge Norgle
Magistrate Judge Denlow
MOTION FOR ORDER OF DEFAULT AND JUDGMENT IN SUM CERTAIN
Plaintiffs, by one of their attorneys, DONALD D. SCHWARTZ and ARNOLD AND
KADJAN, pursuant to F.R.C.P. 55, respectfully request this Honorable Court to enter an Order
of Default as to liability and Judgment in favor of Plaintiffs and against Defendant,
FITZPATRICK CEMENT, INC.
In support thereof, Plaintiffs state:
1.
This case was filed on August 24, 2011.
2.
Defendant was served with Summons and Complaint on August 24, 2011.
3.
In excess of 21 days have expired since Service of Process, however, Defendant
has failed to file an answer or otherwise plead.
4.
Per the affidavit of Bill Beeman, Defendant owes for the report for November 2010
$4,362.24 benefits and $654.33 liquidated damages for a total amount due of $5,016.57. (Exhibit
A)
6.
Per the affidavit of Donald Schwartz, attorney for Plaintiffs in legal fees and
expenses $1,300.00 has been incurred in this suit. (Exhibit B)
WHEREFORE, Plaintiffs pray for:
1.
An Order of Default against the Defendant.
2.
Judgment be rendered in the amount of $6,316.57 for the Trustees of the Cement
Masons Pension Fund Local 502, et. al.
Respectfully submitted,
TRUSTEES OF THE CEMENT MASONS
PENSION FUND, LOCAL 502, et. al.
By: s/ Donald D. Schwartz
One of their Attorneys
Donald D. Schwartz
ARNOLD AND KADJAN
203 N. LaSalle St., Suite 1650
Chicago, IL 60601
(312) 236-0415
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