Iron Workers' Mid-America Pension Plan et al v. Scott Fabricating, Inc.

Filing 13

MOTION by Plaintiffs Iron Workers' Local #395 Fringe Benefit Funds, Iron Workers' Local Union #395, Iron Workers' Mid-America Pension Plan, Iron Workers' Mid-America Supplemental Monthly Annuity (SMA) Fund, Joseph J. Bur ke for entry of default, MOTION by Plaintiffs Iron Workers' Local #395 Fringe Benefit Funds, Iron Workers' Local Union #395, Iron Workers' Mid-America Pension Plan, Iron Workers' Mid-America Supplemental Monthly Annuity (SMA) Fund, Joseph J. Burke for judgment (Attachments: # 1 Exhibit Return of Service)(Ryan, Patrick)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION IRON WORKERS' MID-AMERICA PENSION PLAN, et al., Plaintiffs, vs. SCOTT FABRICATING, INC., an Indiana corporation, Defendant. ) ) ) ) ) ) ) ) ) ) )

CIVIL ACTION NO. 09 C 1047 JUDGE AMY J. ST. EVE

MOTION FOR ENTRY OF DEFAULT AND JUDGMENT NOW COME Plaintiffs, by their attorneys, and move for entry of judgment by default against Defendant, SCOTT FABRICATING, INC., an Indiana corporation, in the total amount of $29,138.49, plus Plaintiffs' court costs and reasonable attorneys' fees in the amount of $2,547.50.

On March 3, 2009, the Summons and Complaint was served on the Registered Agent by tendering a copy of said documents to him personally at his place of business (a copy of the Summons and Affidavit of Service is attached hereto). Therefore, Defendant's answer was due on March 23, 2009. As Defendant has failed to timely answer the Complaint, Plaintiffs respectfully request entry of default and judgment.

/s/ Patrick N. Ryan

CERTIFICATE OF SERVICE The undersigned, an attorney of record, hereby certifies that he 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 23rd day of April 2009: Mr. Arthur L. Scott, Registered Agent Scott Fabricating, Inc. 5007 70th Avenue Schererville, IN 46375-4442

/s/ Patrick N. Ryan

Patrick N. Ryan Attorney for Plaintiffs BAUM SIGMAN AUERBACH & NEUMAN, LTD. 200 West Adams Street, Suite 2200 Chicago, IL 60606-5231 Bar No.: 6278364 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail]
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