IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS

WESTERN DIVISION

THE CONSTRUCTION INDUSTRY )
RETIREMENT FUND OF ROCKFORD, _)
ILLINOIS and THE CONSTRUCTION )
INDUSTRY WELFARE FUND OF )

ROCKFORD, ILLINOIS, ) District Judge: Philip G. Reinhard
)

Plaintiffs, ) Magistrate Judge: Iain D. Johnston
)

vs. ) Case No: 12-cv-50159

)
MENDEZ TRUCKING CO., an Illinois )
corporation, )
)
Defendant. )

MOTION FOR ENTRY OF DEFAULT JUDGMENT
IN A SUM CERTAIN

The Construction Industry Retirement Fund of Rockford, Illinois, and The
Construction Industry Welfare Fund of Rockford, Illinois, (hereinafter referred to as “Plaintiffs” or
“the Funds”) state as follows for their Motion for Entry of Default Judgment in a Sum certain against
Defendant, Mendez Trucking Co.

1. Plaintiffs filed a complaint in this matter on May 3, 2012.(Dkt # 1).

2. Defendant was served with the Complaint and Summons on July 22, 2013,
making its responsive pleading due no later than August 13, 2012. (Dkt #11).

3. On November 26, 2012, the District Court entered an Order finding Defendant
in default for failing to file a responsive pleading, and ordering Defendant to turnover certain records

to facilitate an audit within 30 days. (Dkt # 20).


4. To date, Defendant has not had an appearance filed on its behalf or filed any
form of responsive pleading.

5. Pursuant to the Complaint, Defendant is liable for unpaid contributions to the
Funds and late fees which were accrued in September 2009 and intermittently thereafter, pursuant
to the collective bargaining agreement and subsequent trust agreements to which Defendant is bound.

6. According to the Affidavit of Shelli McPeek on behalf of the Funds, attached
hereto as Exhibit A, Defendant is liable for $105,132.50 in unpaid contributions, audit fees, and
liquidated damages, all of which are recoverable under the applicable agreements.

7. The Declaration Regarding Attorney’s Fees, attached as Exhibit B, indicates
that an additional $2,971.75 is due and owing for the costs and attorneys fees incurred in pursuing
this case against Defendant, the recovery of which is provided for in the applicable agreements.

8. Based upon the forgoing, a default judgment should enter under Rule 55(b)
in the amount of $108,104.25 ($105,132.50 in unpaid contributions, liquidated damages, and audit
costs , plus $2,971.75 in attorney’s fees and costs = $108,104.25).

WHEREFORE, Plaintiffs respectfully move this Court for entry of a default judgment
against Defendant, Mendez Trucking Co., in the amount of $108,104.25.

THE CONSTRUCTION INDUSTRY RETIREMENT
FUND OF ROCKFORD, ILLINOIS & THE
CONSTRUCTION INDUSTRY WELFARE FUND
OF ROCKFORD, ILLINOIS , Plaintiffs

By: = WILLIAMSMcCartuy, LLP

/s/__Troy E. Haggestad



CERTIFICATE OF LAWYER AND NOTICE OF ELECTRONIC FILING
The undersigned certifies that:

1) On May 14, 2013, the foregoing document was electronically filed with the
District Court Clerk via CM/ECF filing system; and

2) On May 14, 2013, the foregoing document was placed in the U.S. mail with
postage paid, addressed to the following:

Mendez Trucking Co.
c/o Maria Mendez, Registered Agent
731 East Hurlbut Avenue
Belvidere, IL 61008

/s/ Troy E. Haggestad

Troy E. Haggestad, Esq. (#06229384)
WilliamsMcCarthy LLP

120 W. State Street, Suite 400

P.O. Box 219

Rockford, IL 61105-0219
815/987-8900

E-mail: thaggestad@wilmac.com