MOTION FOR JUDGMENT IN SUM CERTAIN
CHARLES P. KOCORAS Magistrate Judge.
NOW COME the Plaintiffs, TRUSTEES OF THE SUBURBAN TEAMSTERS OF NORTHERN ILLINOIS WELFARE AND PENSION FUND, by and through its attorney, JOHN J. TOOMEY, ARNOLD AND KADJAN, and pursuant to FRCP 55 move for judgment in sum certain as stated in this Complaint and the supporting Affidavits attached hereto. In support of its Motion, Plaintiffs state as follows:
1. Suit was filed on April 21, 2015 for collection of delinquent contributions plus attorneys' fees, costs and interest under 29 U.S.C. 1132(g)(2).
2. Service upon RODMAL TRUCKING, LLC, an Illinois limited liability company was made on the Defendant on May 8, 2015 and a copy of the proof of service was filed with the court on May 14, 2015.
3. Service upon JOSE MALDONADO, Individually was made on the Defendant on May 8, 2015, and a copy of the proof of service was filed with the court on May 14, 2015.
4. More than 21 days have passed without any response to the Complaint by Defendants, so that Defendants are now in default.
5. As supported by the attached Affidavits, the sums due on the Complaint are:
WHEREFORE, Plaintiff prays for:
1. Entry of judgment against Defendant, RODMAL TRUCKING, LLC., an Illinois limited liability company on Count I of the Complaint in the amount of $11,604.70 and JOSE MALDONO, Individually, on Count II of the Complaint, jointly and severally, and in favor of Plaintiffs, TRUSTEES OF THE SUBURBAN TEAMSTERS OF NORTHERN ILLINOIS WELFARE AND PENSION FUNDS in the amount of $11,604.70.
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION
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. 15 C 3480.
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, Eleventh Circuit Courts of Appeal, U.S. Tax Court and the United States Supreme Court.
3. The time spent in the case are as follows, were reasonably necessary in the prosecution of the case, and no paralegals were used:
4. The costs expended in prosecuting the case are:
5. Reasonable value of such services is One Hundred Eighty Five Dollars per hour:
6. The total in fees and costs expended are:
FURTHER AFFIANT SAYETH NOT.
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION
AFFIDAVIT
RICHARD SIEBERT, upon being first duly sworn deposes and states as follows:
1. Affiant is employed by the Suburban Teamsters Welfare and Pension Fund ("Funds") as an auditor, is familiar with the Rodmal Trucking, LLC, an Illinois limited liability company records review audit ("Employer"), having examined its books and records 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. That an audit of Employer's books and records was performed covering the period August, 2008 through October, 2011 and found to be owing:
3. That Employer was given a copy of the records review and given notice of findings and has made no effort to pay or settle.
4. That the audit including liquidated damages and interest totals $17,438.09.
5. On November 8, 2012 Jose Maldonado, in his capacity as President of RODMAL TRUCKING, LLC entered into installment note arrangements for the payment of delinquent pension contributions covering the period August, 2008 through October, 2011 with the Suburban Teamsters of Northern Illinois Pension Fund (Exhibit A).
6. On November 8, 2012 Jose Maldonado, in his capacity as President of RODMAL TRUCKING, LLC, entered into installment note arrangements for the payment of delinquent welfare contributions covering the period August, 2008 through October, 2011 with the Suburban Teamsters of Northern Illinois Welfare Fund (Exhibit C).
7. On the face of the notes the maker acknowledged that the indebtedness represents fringe benefit contributions and charges due and owing pursuant to 29 U.S.C. 1145.
8. The Pension Fund delinquency note was entered into for the principal amount of $5,406.94 (Exhibit A). The maker of the note made 9 of 24 installment note payments of $217.46 before defaulting on the January 30, 2013 installment note payment. The balance of $3,135.31 remains unpaid on the Pension Fund installment note as reflected in the payment ledger attached as Exhibit B.
9. The Welfare Fund delinquency note was entered into for the principal amount of $12,031.15 (Exhibit C). The maker of the note made 9 of 24 installment note payments of $488.91 before defaulting on the January 30, 2013 installment note payment. The balance of $7,048.39 remains unpaid on the Welfare Fund installment note as reflected in the payment ledger attached as Exhibit D.
10. The total sums remaining owed under the installment notes are:
11. The maker was given a written notice of default and an opportunity to cure which has not occurred.
12. The attached Exhibits A through D are accurate, true and correct.
13. 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.
EXHIBIT A
SUBURBAN TEAMSTERS OF NORTHERN ILLINOIS FRINGE BENEFITS
For value received, the undersigned promises to pay to the order of Suburban Teamsters of Northern Illinois Pension Fund the principle total of $5,406.94 (Five Thousand Four Hundred Six and 94/100 dollars.)
The maker of this Note acknowledges that the above indebtedness represents fringe benefit contributions and other costs and charges due and owing pursuant to applicable provisions of the Employment Retirement Income and Security Act 29 U.S.C. 1145. For contributions due for the period August, 2008 through October, 2011.
The Employer shall make a down payment of $500.00 on March 30, 2012, leaving a principle balance of $4,906.94. That balance is to be paid with 6% annual interest in 24 equal and consecutive monthly installments of $217.48 beginning on April 30, 2012. If all payments are made on time the liquidated damages assessed in the audit in the amount of $450.20 will be deducted from the final three payments. Payments should be sent to:
Or such other place as may be directed by the legal holder of this Note.
The Employer is to remain current in regular monthly contributions. Failure to do so will be considered a default, causing the remaining unpaid Note balance to become immediately due and payable.
The undersigned hereby irrevocably authorizes any attorney of any court of record to appear for the undersigned in such court, in term time or vacation, at any time after default in the payment of any installment of the principle hereof, and confess judgment without process in favor of the payee or holder of this Note for the unpaid amount, together with costs of collection including reasonable attorney's fees and to waive and release all errors which may intervene in such proceedings, and consent to immediate execution upon such judgment, hereby ratifying and confirming all that said attorney may do by virtue hereof.
All parties hereto severally waive presentment for payment, notice of dishonor and protest
EXHIBIT B
EXHIBIT C
ORDER OF JUDGMENT
This matter coming to be heard upon Plaintiff's Motion for Judgment in a sum certain and the court being fully advised in the premises,
IT IS HEREBY ORDERED AS FOLLOWS:
1. Judgment is entered in favor of the Plaintiff's, TRUSTEES OF THE SUBURBAN TEAMSTERS OF NORTHERN ILLINOIS WELFARE AND PENSION FUNDS against Defendant, RODMAL TRUCKING, LLC., an Illinois limited liability company, on Count I of the Complaint in the amount of $11,604.70 and JOSE MALDONADO, Individually, on Count II, jointly and severally, in the amount of $11,604.70 with no just reason for delay in enforcement under FRCP 54(b).
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