No. 11 C 5389
Donald D. Schwartz One of their Attorneys
Magistrate Judge Gilbert
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, RAI CONCRETE, INC.
In support thereof, Plaintiffs state:
1. This case was filed on August 10, 2011.
2. Defendant was served with Summons and Complaint on September 22, 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 Richard Wolf, Defendant owes Cement Masons Local 502 for the audit period January 1, 2010 through September 30, 2011 for $23,166.17 benefits, $3,474.92 prior liquidated damages, $2,189.77 liquidated damages and $585.00 audit costs for a total amount due of $29,415.86. (Exhibit A)
5. 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 $30,715.86 for the Trustees of the Cement Masons Pension Fund Local 502, et. al.
TRUSTEES OF THE CEMENT MASONS PENSION FUND, LOCAL 502, et. al.
By: Donald D. Schwartz
One of their Attorneys
Donald D. Schwartz
ARNOLD AND KADJAN
203 N. LaSalle St., Suite 1650
Chicago, Illinois 60601