Shales et al v. Stokes Excavating, Inc. et al, No. 1:2014cv03433 - Document 7 (N.D. Ill. 2014)
Court Description: MOTION by Plaintiffs Vern Bauman, Dan Brejc, John P. Bryan, Jeff Frost, Al Orosz, Mike Shales for entry of default , MOTION by Plaintiffs Vern Bauman, Dan Brejc, John P. Bryan, Jeff Frost, Al Orosz, Mike Shales for judgment Plaintiffs' ; Motion For Entry Of Default and For Final Judgment On Counts I & IV Against Defendant Stokes Excavating, Inc. (Attachments: # 1 Exhibit 1-3, # 2 Text of Proposed Order Final Judgment Against Stokes Excavating, Inc. On Counts I & IV Of The Complaint)(Groff, Josiah)
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Shales et al v. Stokes Excavating, Inc. et al Doc. 7 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. STOKES EXCAVATING INC., an Illinois corporation, and DANNY STOKES, individually, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 14-cv-3433 Judge: Harry D. Leinenweber FINAL JUDGMENT AGAINST STOKES EXCAVATING, 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 Stokes Excavating, Inc. and the Court having reviewed the motion along with the supporting materials, hereby FINDS, ORDERS, and ADJUDGES as follows: 1. That Defendant STOKES EXCAVATING, INC. is in default. Dockets.Justia.com 2. Judgment is entered against Defendant STOKES EXCAVATING, INC. and in favor of Plaintiffs on Counts I and IV of the Complaint in the amount of $91,349.69 for principal contributions as stated in the audit for the period of October 2010 to December 2013, and based on estimated reports for January, March, April, May, and June 2014; plus Funds liquidated damages at 20%, dues liquidated damages at 10%, interest at 2 percent monthly compounding, audit fees, a cash bond, and attorneys’ fees and costs, less a partial payment, as follows: Welfare Fund Delinquent Contributions Pension Fund Delinquent Contributions Apprenticeship Fund Delinquent Dues Liquidated Damages on Funds Distributions @20% Interest on Funds Contributions Sub-Total Owed to Funds for Delinquent Contributions CCA Delinquent Dues LDCLMCC Delinquent Dues LECET Delinquent Dues Dues Fund Liquidated Damages on Contributions @10% Sub-Total Owed to Funds for Delinquent Dues and Affiliated Funds January 2014 Contributions 20% Liquidated Damages Interest March 2014 Contributions 20% Liquidated Damages Interest April 2014 Contributions 20% Liquidated Damages Interest May 2014 Contributions 20% Liquidated Damages Interest June 2014 Contributions 20% Liquidated Damages Interest Sub-Total Owed to Funds based on Estimated Contributions Auditor Fees Surety Bond Attorneys’ Fees Partial Payment TOTAL OWED: 2 $1,385.70 $1,069.86 $54.95 $502.10 $957.68 $3,970.29 $4.16 $6.24 $3.64 $34.85 $4.89 $53.78 $14,040.00 $2,808.00 $1,471.49 $11,232.00 $2,246.40 $695.33 $11,232.00 $2,246.40 $461.46 $14,040.00 $2,808.00 $290.22 $11,712.00 $2,342.40 $9.23 $77,634.93 $1,332.27 $5,000.00 $3,358.42 ($1,167.86) $91,349.69 3. 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, and on attorneys’ fees incurred in connection with Counts I and IV of the Complaint. SO ORDERED: _______________________ Judge Harry D. Leinenweber Date: _____________________ 3
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