Sheet Metal Workers Local 265 Welfare Fund et al v. I Masters, Inc.

Filing 51

MOTION by Plaintiffs Sheet Metal Workers Local 265 Educational Fund, Sheet Metal Workers Local 265 Industry Fund, Sheet Metal Workers Local 265 Supplemental Retirement Plan, Sheet Metal Workers Local 265 Savings Fund, Scott P. Wille, Sheet Metal Workers Local 265 Welfare Fund, Sheet Metal Workers' International Association, Local Union No. 265, Sheet Metal Workers Local 265 Pension Fund for judgment (Dunitz-Geiringer, Jennifer)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION SHEET METAL WORKERS LOCAL 265 WELFARE FUND, et al., Plaintiffs, vs. I MASTERS, INC., an Illinois corporation, d/b/a INSTALL MASTERS, INC., Defendant. ) ) ) ) ) ) ) ) ) ) )

CIVIL ACTION NO. 07 C 0686 MAGISTRATE JUDGE MARIA VALDEZ

MOTION FOR ENTRY OF JUDGMENT Plaintiffs, by and through their attorneys, default having been entered against the Defendant on May 29, 2007, request this Court enter judgment against Defendant, I MASTERS, INC., an Illinois corporation, d/b/a INSTALL MASTERS, INC. In support of that Motion, Plaintiffs state: 1. On May 29, 2007, this Court entered default against Defendant and granted Plaintiffs'

request for an order directing an audit of the Defendant's payroll books and records. The Court also entered an order that judgment would be entered after the completion of the audit. 2. Plaintiffs' auditors completed that audit on or about March 3, 2008. On March 27,

2008, the audit findings were issued showing that the Defendant was delinquent in contributions to the Funds in the amount of $118,501.51. (See Affidavit of Scott P. Wille). 3. Additionally, the amount of $11,850.15 was due for liquidated damages. (Wille Aff.

Par. 5). Plaintiffs' auditing firm of Levinson, Simon & Sprung, P.C. charged Plaintiffs $1,045.01 to perform the audit examination and complete the report (Wille Aff. Par. 5).

4.

After application of all waiver affidavits submitted by Defendant, there remains

$3,971.55 in contributions and $794.31 in liquidated damages, for a total of $4,765.86, due for the audit months of April 2007 and May 2007 on behalf of employee Omar Zaragoza (Wille Aff. Par. 6). 5. In addition, Plaintiffs' firm has expended $745.77 in costs and $9,433.75 in

attorneys' fees in this matter. (See Affidavit of Catherine M. Chapman). 6. Accordingly, Plaintiffs request entry of judgment in the total amount of $14,945.38.

WHEREFORE, Plaintiffs respectfully request this Court to enter judgment in the amount of $14,945.38. /s/ Jennifer L. Dunitz-Geiringer

Jennifer L. Dunitz-Geiringer Attorney for Plaintiffs BAUM SIGMAN AUERBACH & NEUMAN, LTD. 200 West Adams Street, Suite 2200 Chicago, IL 60606-5231 Bar No.: 6237001 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail]
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2

CERTIFICATE OF SERVICE The undersigned, an attorney of record, hereby certifies that she electronically filed the foregoing document (Motion for Entry of Judgment) with the Clerk of Court using the CM/ECF system, and further certifies that I have mailed the above-referenced document by United States Mail to the following non-CM/ECF participant on or before the hour of 5:00 p.m. this 18th day of August 2009: Mr. Thomas M. Hartwell Attorney at Law 929 N. LaFox Street S. Elgin, IL 60177 Mr. Marco Ugalde I Masters, Inc, d/b/a Install Masters, Inc. PO Box 8075 Aurora, IL 60507-8075

/s/ Jennifer L. Dunitz-Geiringer

Jennifer L. Dunitz-Geiringer Attorney for Plaintiffs BAUM SIGMAN AUERBACH & NEUMAN, LTD. 200 West Adams Street, Suite 2200 Chicago, IL 60606-5231 Bar No.: 6237001 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail]
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