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: P. Michael Mahoney

vs. Case No: 12-cv-50158

MARTIN PRECAST SERVICES, INC., an
Illinois corporation,

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Defendant.
MOTION FOR ENTRY OF DEFAULT JUDGMENT
IN A SUM CERTAIN

Plaintiffs, 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"), for their Motion for Entry of Default in a Sum Certain against
Defendant, Martin Precast Services, Inc., state as follows:

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

2. Defendant was served with the complaint and Summons on May 16, 2012,
making its responsive pleading due no later than June 6, 2012. (Dkt # 8).

3. On July 23, 2012, the District Court entered an Order finding defendant in
default for failing to file a responsive pleading. (Dkt #13).

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 January 2008 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 $124,224.87 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 $1,200.55is 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 $125,425.42 ($124,224.87 in unpaid contributions, liquidated damages, and audit
costs , plus $1,200.55 in attorney’s fees and costs = $125,425.42).

WHEREFORE, Plaintiffs respectfully move this Court for entry of a default judgment

against defendant, Martin Precast Services, Inc., in the amount of $125,425.42.

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

By: | WILLIAMSMCCarTuHy, LLP

/s/___ Troy E. Haggestad
WILLIAMSMcCARTHY, LLP
120 West State Street, Suite 400
P.O. Box 219
Rockford, IL 61105-0219
815/987-8900



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

1) On August 3, 2012, the foregoing document was electronically filed with the District
Court Clerk via CM/ECF filing system; and

2) On August 3, 2012, the foregoing document was placed in the U.S. mail with postage
paid, addressed to the following:

Martin Precast Services, Inc.

c/o Martin Sosa, Registered Agent
2201 Maddens St.

Sterling, IL 61071

/s/ Troy E. Haggestad

Troy E. Haggestad (#06229384)
WILLIAMSMcCARTHY, LLP
120 West State Street, Suite 400
P.O. Box 219

Rockford, IL 61105-0219
815/987-8900