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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

ARTURO GARCIA, on behalf of himself, and )

all other similarly situated plaintiffs ) Case No.: 12-cv-00624

known and unknown, )

)

Plaintiff, ) Honorable Judge Shadur

) 

v. )

)

BERUMEN LAWN SERVICES, INC., ISMAEL ) JURY DEMAND

BERUMEN, individually and GERARDO )

BERUMEN, individually )

)

Defendants. )

PLAINTIFF’S MOTION TO AMEND DEFAULT JUDGMENT ENTERED 

JANUARY 14, 2013 TO ADD REASONABLE ATTORNEYS’ FEES INCURRED 

IN POST JUDGMENT PROCEEDINGS

NOW COMES Plaintiff, ARTURO GARCIA, on behalf of himself and all other 

Plaintiffs similarly situated, by his attorneys of record, and in support of his Motion To 

Amend Default Judgment Entered January 14, 2013 To Add Reasonable Attorneys’ Fees 

Incurred In Post Judgment Proceedings, states as follows:

1. On January 8, 2013, this Court entered a default judgment against all defendants 

in this matter in the amount of $14,291.75. (See Docket # 27).

2. On February 11, 2013, Defendants filed their Motion to Reopen Case. (See 

Docket # 29).

3. On February 21, 2013, the court entered its order Denying Defendants’ Motion. 

(See Docket #31).

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MINUTE entry before Honorable Milton I. Shadur: Motion hearing held on 2/15/2013. 

Defendants' motion to reinstate case and have a settlement conference [29] is denied as 

stated in open court. Mailed notice by judge's staff. (srb,)

4. On June 13, 2013, Defendants filed their Motion to Vacate the Default Judgment. 

(See Docket #32).

5. On June 17, 2013, the court delayed ruling on the Defendants’ Motion to Vacate

the Default judgment to give the parties time prepare to argue the motion. (See Docket # 

36).

MINUTE entry before Honorable Milton I. Shadur: Motion hearing held on 6/17/2013. 

Defendants' motion to vacate judgment for lack of federal jurisdiction [32] is entered and 

continued to 7/1/2013 at 9:15 a.m. Mailed notice by judge's staff. (srb,)

6. On July 1, 2013, Defendants failed to appear before this Court to defend the 

Defendants’ Motion to Vacate the Default Judgment and as such the court again delayed 

ruling on the Defendants’ Motion to Vacate. (See Docket # 38). 

MINUTE entry before Honorable Milton I. Shadur: Status hearing held on 7/1/2013 and 

continued to 7/15/2013 at 9:15 a.m. Defendants' motion to vacate judgment for lack of 

federal jurisdiction [32] is continued to 7/15/2013 at 9:15 a.m. Mailed notice by judge's 

staff. (srb,)

7. On July 15, 2013, Defendants once again failed to appear before this Court to 

defend the Motion to Vacate the Default Judgment and as such the Court struck 

Defendant’s Motion. (See Docket #39). 

MINUTE entry before Honorable Milton I. Shadur: Status hearing held on 7/15/2013. 

Plaintiff's counsel appeared. Defendants' counsel did not appear. Plaintiff's oral motion to 

strike defendants' motion to vacate is granted. Defendants' motion to vacate judgment for 

lack of federal jurisdiction [32] is denied for the reasons stated in open court. Mailed notice 

by judge's staff. (srb,)

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8. As a result of the additional proceeding and the attending tasks necessary to 

preserve the judgment, Plaintiff Garcia incurred the additional following attorneys’ fees 

and costs. 

Attorney John Billhorn: 1.75 hours x $500= $875.00

Paralegal Jodi Hoare: .75 hours x $135= $101.25

Attorney Vincent Beckman: .25 hours x $500= $125.00 

Attorney Ana Dominguez: 2 hours x $225= $450.00

Paralegal Alexandra Sossa: 1 hour x $140= $140.00

Law Clerk Sara Dietrich: 17.2 hours x $85= $1,462.00

Costs: $26.50

Total: $3,179.75

8. The above fees were reasonably incurred in defense of Defendants’ attack on the 

default judgment, and under the fee shifting provisions of the Fair Labor Standards Act, 

29 U.S.C. Section 201, et seq., these reasonably incurred fees and costs of Plaintiff’s 

counsel should be awarded. 

WHEREFORE, Plaintiff requests this Court to enter an Order granting his Motion

To Amend the Judgment entered January 8, 2013 in the amount of $14,291.75 in order to 

Add reasonable Attorneys’ Fees And Costs Incurred In Post Judgment Proceedings in the 

amount of $3,179.75, for a total of $17, 471.50 due to the Plaintiff, and for such other 

relief the Court deems appropriate under the circumstances. 

Respectfully submitted,

Electronically Filed 07/29/2013

/s/ John W. Billhorn

_____________________

John William Billhorn

BILLHORN LAW FIRM

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120 S. State Street, Suite 400

Chicago, IL 60603

(312) 853-1450

Ana Dominguez

FARMWORKER AND LANDSCAPER

ADVOCACY PROJECT

900 N. LaSalle, Suite 900

Chicago, IL 60602

(312) 784-3541

Attorneys’ for Plaintiff

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