Shales et al v. Hugh Henry Construction Inc. et al, No. 1:2014cv00305 - Document 11 (N.D. Ill. 2014)
Court Description: MOTION by Plaintiffs Vern Bauman, Dan Brejc, John P. Bryan, Toby Koth, Al Orosz, Mike Shales for entry of default and, MOTION by Plaintiffs Vern Bauman, Dan Brejc, John P. Bryan, Toby Koth, Al Orosz, Mike Shales for judgment Final Judgment On Counts I & IV Against Defendant Hugh Henry Construction, Inc. (Attachments: # 1 Exhibit 1-2 and A-C, # 2 Text of Proposed Order)(Groff, Josiah)
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Shales et al v. Hugh Henry Construction Inc. et al Doc. 11 Att. 2 THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION MIKE SHALES, JOHN P. BRYAN, AL OROSZ, DAN BREJC, JEFF FROST and VERN BAUMAN as Trustees of THE FOX VALLEY LABORERS’ HEALTH AND WELFARE FUND, and MIKE SHALES, JOHN P. BRYAN, AL OROSZ, JEFF FROST, VERN BAUMAN and DAN BREJC as Trustees of THE FOX VALLEY LABORERS’ PENSION FUND, Plaintiffs, v. HUGH HENRY CONSTRUCTION INC., an Illinois corporation, and TRACEY BIESTERFELDT, individually, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 14-CV-305 Judge Rebecca R. Pallmeyer FINAL JUDGMENT AGAINST HUGH HENRY CONSTRUCTION INC. ON COUNTS I & IV OF THE COMPLAINT This matter coming before the Court on Plaintiffs’ Motion for Entry of Default and for Final Judgment on Counts I & IV Against Defendant Hugh Henry Construction, Inc. and the Court having reviewed the motion along with the supporting materials, hereby FINDS, ORDERS, and ADJUDGES as follows: 1. That Defendant HUGH HENRY CONSTRUCTION INC. is in default. 2. Judgment is entered against Defendant HUGH HENRY CONSTRUCTIONS INC. on Counts I and IV of the Complaint in the amount of $205,300.81 for amounts due for outstanding Dockets.Justia.com contributions and dues from March 2013 through October 2013, as revealed in an audit, plus interest, liquidated damages, the audit fee, and a cash bond, less partial payments received, Defendant HUGH HENRY CONSTRUCTION INC. is ordered to submit $205,300.81 to the Plaintiffs within 10 days of the date of this Order for the following: Welfare Fund Delinquent Contributions Pension Fund Delinquent Contributions Safety Fund Delinquent Dues Apprenticeship Fund Delinquent Dues CISCO Delinquent Dues IAF Delinquent Dues Liquidated Damages on Funds Contributions @ 20% Interest on Funds Contributions Sub-Total Owed to Funds for Delinquent Contributions $90,098.60 $68,837.08 $69.61 $3,481.50 $69.61 $557.04 $32,622.69 $4,068.41 $199,804.54 LDCLMCC Delinquent Dues LECET Delinquent Dues Dues Fund Delinquent Dues Liquidated Damages on Contributions @10% Sub-Total Owed for Dues and to Affiliated Funds $926.82 $540.66 $9,960.03 $1,142.75 $12,570.26 Credit for Payments from George Sollitt (4 checks) ($38,000.09) Auditor Fees $1,759.50 March 2013 Untimely Report Late Fees March 2013 Untimely Report Interest April 2013 Untimely Report Late Fees April 2013 Untimely Report Interest Sub-Total Owed for Untimely Reports $1,704.63 $676.23 $1,702.40 $501.11 $4,584.37 Surety Bond $25,000.00 TOTAL OWED: $205,718.58 Pursuant to Federal Rule of Civil Procedure 54(b), the Court finding no reason for delaying enforcement or appeal, this judgment is a final judgment as to Counts I and IV of the Complaint. Page 2 of 3 3. The Funds are awarded their reasonable attorneys’ fees and costs against Defendant HUGH HENRY CONSTRUCTION INC. in connection with this final judgment on Counts I and IV of the Complaint. The parties are ordered to comply with Local Rules 54.1 and 54.3 for the calculation of attorneys’ fees and costs, but that compliance is deferred until after the Court has entered judgment on Counts II and III of the Complaint or until further order of the Court. This deferred compliance with Local Rules 54.1 and 54.3 shall have no effect on enforcement or appeal of this judgment in favor of the Funds and against Defendant HUGH HENRY CONSTRUCTION INC. on Counts I and IV of the Complaint. SO ORDERED: _______________________ Judge Rebecca R. Pallmeyer Date: _____________________ Page 3 of 3
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