Sheet Metal Workers Local 265 Welfare Fund et al v. J and R Installations, Inc.

Filing 39

MOTION by Plaintiffs Sheet Metal Workers Local 265 Educational Fund, Sheet Metal Workers Local 265 Industry Fund, Sheet Metal Workers Local 265 Pension Fund, Sheet Metal Workers Local 265 Savings Fund, Sheet Metal Workers Local 265 Supplemental Retirement Plan, Sheet Metal Workers Local 265 Welfare Fund, Sheet Metal Workers' International Association, Local Union No. 265, Scott P. Willie for judgment entry (Alfon, Beverly)

Sheet Metal Workers Local 265 Welfare Fund et al v. J and R Installations, Inc.

Doc. 39

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. J AND R INSTALLATIONS, INC., a dissolved Illinois corporation, and RACHEL L. BOLES, an individual, Defendants. ) ) ) ) ) ) ) ) ) ) ) )

CIVIL ACTION NO. 08 C 5977 JUDGE WILLIAM J. HIBBLER

MOTION FOR ENTRY OF JUDGMENT Plaintiffs, by and through their attorneys, default having been entered against the Defendants on March 24, 2009, request this Court enter judgment against Defendants, J AND R INSTALLATIONS, INC., and RACHEL L. BOLES. In support of that Motion, Plaintiffs state: 1. On March 24, 2009, this Court entered default against Defendants and granted

Plaintiffs' request for an order directing an audit of Defendant, J and R Installations, Inc.s' payroll books and records. The Court also entered an order that judgment would be entered after the completion of the audit. 2. After contempt proceedings and continuing efforts to obtain all documents necessary

to complete the audit, Plaintiffs' auditors issued a report on March 19, 2010. Thereafter, Defendant submitted its disputes with the audit findings to the Trustees. 3. On or about May 28, 2010, Plaintiffs' auditors revised the audit report to reflect

accepted disputes. The revised audit findings show Defendants are delinquent in contributions to the Funds in the amount of $30,685.04 (See Affidavit of Scott P. Wille).

Dockets.Justia.com

4.

Additionally, the amount of $3,068.50 is due for liquidated damages. (Wille Aff. Par.

5). Plaintiffs' auditing firm of Levinson Simon & Sprung, P.C. charged Plaintiffs $1,440.75 to perform the audit examination and complete the initial report and the revised report (Wille Aff. Par. 6). 5. Defendants have submitted monthly contribution reports to the Plaintiffs identifying

employees who performed work covered by the collective bargaining agreement, and the number of hours worked by or paid to those employees for the months of June 2008 through August 2008, February 2009, June 2009 and April 2010. Pursuant to said monthly contribution reports, Defendants owe $25,136.24 in contributions and $2,513.63 in liquidated damages, for a total of $27,649.87. 6. auditing fees. 7. In addition, Plaintiffs' firm has expended $1,110.00 in costs and $9,678.75 in Levinson Simon & Sprung, P.C. has charged the Trustees the sum of $1,440.75 for

attorneys' fees in this matter. (See Affidavit of Catherine M. Chapman). 8. Based upon the documents attached hereto, Plaintiffs request entry of judgment

against Defendants, J AND R INSTALLATIONS, INC., and RACHEL L. BOLES, in the total amount of $73,632.91. WHEREFORE, Plaintiffs respectfully request this Court to enter judgment against Defendants, J AND R INSTALLATIONS, INC., and RACHEL L. BOLES, in the amount of $73,632.91.

/s/ Beverly P. Alfon

2

Beverly P. Alfon Attorney for Plaintiffs BAUM SIGMAN AUERBACH & NEUMAN, LTD. 200 West Adams Street, Suite 2200 Chicago, IL 60606-5231 Bar No.: 6274459 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail]
I:\265J\J and R\#21271\motion-judgment.bpa.df.wpd

3

CERTIFICATE OF SERVICE The undersigned, an attorney of record, hereby certifies that she electronically filed the foregoing document (Motion) 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 1st day of July 2010: Ms. Rachel L. Boles J and R Installations, Inc. 709 Gallant Drive Minooka, IL 60447

/s/ Beverly P. Alfon

Beverly P. Alfon Attorney for Plaintiffs BAUM SIGMAN AUERBACH & NEUMAN, LTD. 200 West Adams Street, Suite 2200 Chicago, IL 60606-5231 Bar No.: 6274459 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail]
I:\265J\J and R\#21271\motion-judgment.bpa.df.wpd