Sheet Metal Workers Local 265 Welfare Fund et al v. Horizon Heating and Cooling, Inc.

Filing 16

MOTION by Plaintiffs Sheet Metal Workers Local 265 Industry Fund, Sheet Metal Workers Local 265 Supplemental Retirement Plan, Sheet Metal Workers Local 265 Welfare Fund, Sheet Metal Workers Local 265 Savings Fund, Scott P. Wille, Sheet Metal Workers' International Association, Local Union No. 265, Sheet Metal Workers Local 265 Pension Fund, Sheet Metal Workers Local 265 Educational Fund for judgment entry (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. HORIZON HEATING AND COOLING, INC., an Illinois corporation, Defendant. ) ) ) ) ) ) ) ) ) ) )

CIVIL ACTION NO. 08 C 5110 JUDGE DAVID H. COAR

MOTION FOR ENTRY OF JUDGMENT Plaintiffs, by and through their attorneys, default having been entered against the Defendant on November 13, 2008, request this Court enter judgment against Defendant, HORIZON HEATING AND COOLING, INC., an Illinois corporation. In support of that Motion, Plaintiffs state: 1. On November 13, 2008, this Court entered default against Defendant and granted

Plaintiffs' request for an order directing Defendant to turn over its monthly fringe benefit contribution reports for the time period May 2008 forward within 14 days of the entry of said Order. The Court set the matter for prove-up hearing on December 22, 2008. The Court retained jurisdiction to enforce the November 13, 2008 Order and enter judgment against Defendant. 2. On November 24, 2008, Plaintiffs' counsel received Defendant's monthly fringe

benefit contribution reports, without the payment of the required contributions and liquidated damages, for the months of May 2008 through October 2008. The fringe benefit contribution reports show Defendant is delinquent in contributions to the Funds for the stated months in the amount of $70,189.70. (See Affidavit of Scott P. Wille).

3. 5). 4.

Additionally, the amount of $7,018.97 is due for liquidated damages. (Wille Aff. Par.

Further, Defendant underpaid its fringe benefit contributions due for the months of

July 2006, August 2006 and January 2007. Accordingly, Defendant owes $23.81 for contributions and $2.38 for liquidated damages, for a total of $26.19. (Wille Aff. Par. 6). 5. Plaintiffs' firm has expended $396.00 for costs and $913.75 for attorneys' fees in this

matter, for a total of $1,309.75. (See Affidavit of Catherine M. Chapman). 6. Based upon the documents attached hereto, Plaintiffs request entry of judgment in

the total amount of $78,544.61. WHEREFORE, Plaintiffs respectfully request this Court to enter judgment in the amount of $78,544.61.

/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 15th day of December 2008: Mr. Arthur C. Ayala, Registered Agent/President Horizon Heating and Cooling, Inc. 999 Thorton Lockport, IL 60441

/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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