1

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

ROOFERS’ PENSION FUND, et al.,

Plaintiffs, 

vs.

COLEMAN ROOFING, INC., an Illinois 

Corporation, 

Defendant.

)

)

)

)

)

)

)

)

)

)

CASE NO.: 20-CV-4915

JUDGE: KENNELLY

MAG. JUDGE: JANTZ

PLAINTIFFS’ MOTION FOR DEFAULT JUDGMENT

NOW COME the Plaintiffs, the ROOFERS’ PENSION FUND et al. (“Plaintiffs”), by and 

through their attorneys, JOHNSON & KROL, LLC, and move this Honorable Court for the entry 

of Default Judgment in favor of the Plaintiffs and against the Defendant, COLEMAN ROOFING, 

INC. (“COLEMAN ROOFING”), pursuant to Rule 55 of the Federal Rules of Civil Procedure as 

follows:

1. On August 21, 2020, Plaintiffs filed their Complaint against Defendant COLEMAN 

ROOFING pursuant to 29 U.S.C. §§ 1132, 1145, and 185 seeking to enforce the terms of 

the Standard Working Agreement, Trust Agreements, and Collection Procedures. 

2. On August 21, 2020, the Clerk of the U.S. District Court for the Northern District of Illinois 

issued a Summons ordering the Defendant to answer within twenty-one (21) days of being 

served with the Summons and Complaint. 

3. On August 25, 2020, the Summons and Complaint were served upon Defendant

COLEMAN ROOFING by leaving copies with Paul Braun, COLEMAN ROOFING’s 

Registered Agent. (Affidavit of Service is attached as Exhibit 1); (Docket No. 7).

Case: 1:20-cv-04915 Document #: 13 Filed: 01/08/21 Page 1 of 5 PageID #:117
2

4. On September 17, 2020, Plaintiffs filed their Motion for Order of Default after Defendant 

COLEMAN ROOFING failed to Answer or otherwise plead to the allegations of the 

Complaint within twenty-one (21) days of August 25, 2020, the date on which the 

Defendant was served with the Summons and Complaint.

5. In Plaintiffs’ Motion for Order of Default, Plaintiffs sought an Order of Default requiring 

the Defendant to submit to a payroll compliance audit. (Fed. R. Civ. P. 12(a)(1)(A)(i)). 

(Docket No. 8). 

6. On September 26, 2020, this Honorable Court granted Plaintiffs’ Motion for Order of 

Default and entered an Order of Default requiring Defendant COLEMAN ROOFING to 

submit to a payroll compliance audit. (A copy of the Order of Default is attached as 

Exhibit 2); (Docket No. 9).

7. The Order of Default also granted Plaintiffs leave, upon the completion of the payroll 

compliance audit, to file a Motion for Default Judgment in Sum Certain to include all 

unpaid contributions, dues, liquidated damages, and/or interest owed by Defendant 

COLEMAN ROOFING as revealed by the payroll compliance audit, along with Plaintiffs’ 

attorneys’ fees and costs expended in preparing and bringing this lawsuit pursuant to the 

SWA, Trust Agreements, Collection and Audit Procedures and 29 U.S.C. § 1132(g)(2)(D). 

(Docket No. 9). 

8. This case involves Defendant COLEMAN ROOFING’s failure to pay contributions, 

liquidated damages, and interest to Plaintiffs as required by the terms of the Standard 

Working Agreement and Trust Agreements to which the Defendant is bound.

9. Pursuant to the terms of the Standard Working Agreement and Trust Agreements, 

Defendant COLEMAN ROOFING is required to make monthly reports of hours worked 

Case: 1:20-cv-04915 Document #: 13 Filed: 01/08/21 Page 2 of 5 PageID #:118
3

by covered employees and pay contributions to Plaintiffs for each hour worked at the rates 

specified in the Standard Working Agreement.

9. Pursuant to the terms of the Court’s Order of Default, the Standard Working Agreement 

and Trust Agreements, Plaintiffs conducted a payroll compliance audit for the period of 

July 1, 2018 through September 30, 2020.

10. The payroll compliance audit revealed that Defendant COLEMAN ROOFING failed to 

pay contributions in the aggregate amount of $18,965.52. (Certification of Leigh Fox is 

attached as Exhibit 3).

11. As a result of the unpaid contributions revealed by the payroll compliance audit, 

COLEMAN ROOFING owes Plaintiffs interest in the amount of $1,289.02 and liquidated 

damages in the amount of $1,896.55. (Exhibit 3).

12. Defendant COLEMAN ROOFING is liable to Plaintiffs for all attorney’s fees and costs 

expended in preparing and bringing this lawsuit in the amount of $5,510.96 pursuant to the 

Standard Working Agreement, Trust Agreements, Collection Procedures, and 29 U.S.C. § 

1132(g)(2)(D). (Affidavit of Attorneys’ Fees and Costs is attached as Exhibit 4). 

13. Plaintiffs have provided the Court with a proposed Default Judgment Order. 

WHEREFORE, Plaintiffs respectfully request the following: 

A. That Judgment be entered in favor of Plaintiffs and against Defendant COLEMAN 

ROOFING in the aggregate amount of $22,151.10, itemized as follows:

i. $18,965.52 in unpaid contributions as revealed by the payroll compliance audit;

ii. $1,289.02 in interest; and

iii. $1,896.55 in liquidated damages.

Case: 1:20-cv-04915 Document #: 13 Filed: 01/08/21 Page 3 of 5 PageID #:119
4

B. That Defendant COLEMAN ROOFING be ordered to pay all attorneys’ fees and costs 

expended in preparing and bringing this lawsuit in the amount of $5,510.96 pursuant 

to the Standard Working Agreement, Trust Agreements, Collection Procedures, and 29 

U.S.C. § 1132(g)(2)(D); and

C. That Plaintiffs have such other and further relief as the Court may deem just and 

equitable all at Defendant COLEMAN ROOFING’s cost, pursuant to 29 U.S.C. 

§1132(g)(2)(E).

Respectfully Submitted,

ROOFERS’ PENSION FUND et al.

/s/ Lucas J. Habeeb - 6329755

One of Plaintiffs’ Attorneys

Johnson & Krol, LLC

311 S. Wacker Drive, Suite 1050

Chicago, IL 60606

(312) 757-5472

habeeb@johnsonkrol.com

Case: 1:20-cv-04915 Document #: 13 Filed: 01/08/21 Page 4 of 5 PageID #:120
5

CERTIFICATE OF SERVICE

I, Lucas J. Habeeb, an attorney, hereby certify that on today’s date, January 8, 2021, I 

caused to be served a true and correct copy of the foregoing Motion for Default Judgment via 

U.S. First Class Mail on the Defendant at the address listed below. 

Coleman Roofing, Inc.

Attn: Paul S. Braun, Registered Agent

19630 Governors Highway

Flossmoor, IL 60422

By: /s/ Lucas J. Habeeb - 6329755

One of Plaintiffs’ Attorneys

Johnson & Krol, LLC

311 S. Wacker Drive, Suite 1050

Chicago, IL 60606

(312) 757-5472

habeeb@johnsonkrol.com

Case: 1:20-cv-04915 Document #: 13 Filed: 01/08/21 Page 5 of 5 PageID #:121