Sheet Metal Workers Local 265 Welfare Fund et al v. High-Tech Mechanical, Inc. et al

Filing 16

MOTION by Plaintiffs Sheet Metal Workers Local 265 Welfare Fund, Sheet Metal Workers Local 265 Pension Fund, Sheet Metal Workers Local 265 Educational Fund, Sheet Metal Workers Local 265 Industry Fund, Sheet Metal Workers Local 265 Savings Fund, Sheet Metal Workers Local 265 Supplemental Retirement Plan, Sheet Metal Workers' International Association, Local Union No. 265, Scott P Wille for judgment entry against defendants (Chapman, Catherine)

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. HIGH-TECH MECHANICAL, INC., a dissolved Illinois corporation, and THOMAS BLANCHETTE, an individual, Defendants. ) ) ) ) ) ) ) ) ) ) ) )

CIVIL ACTION NO. 09 C 4276 JUDGE AMY J. ST. EVE

MOTION FOR ENTRY OF JUDGMENT AGAINST DEFENDANTS Plaintiffs, by and through their attorneys, default having been entered against the Defendants on September 3, 2009, request this Court enter judgment against Defendants, HIGH-TECH MECHANICAL, INC., a dissolved Illinois corporation, and THOMAS BLANCHETTE, an individual. In support of that Motion, Plaintiffs state: 1. On September 3, 2009, this Court entered default against Defendants and granted

Plaintiffs' request for an order directing Defendant, High-Tech Mechanical, Inc., to turn over its monthly fringe benefit contribution reports for April 2009 through the present date. The Court also entered an order that judgment would be entered after the Defendant submitted the required contribution reports. 2. On September 19, 2009, Defendant, High-Tech Mechanical, Inc., submitted its

monthly fringe benefit contribution reports for May 2009 through August 2009. On May 30, 2009, Defendant previously submitted its monthly fringe benefit contribution report for April 2009. The

contribution reports show that the Defendant is delinquent in contributions to the Funds in the amount of $36,789.32. (See Affidavit of Scott P. Wille) 3. 4(b)). 4. Further, on May 6, 2009, Defendants, High-Tech Mechanical, Inc., and Thomas Additionally, the amount of $3,678.93 is due for liquidated damages. (Wille Aff. Par.

Blanchette, in his individual capacity, entered into a Promissory Note for the repayment of contributions and liquidated damages in the total amount of $51,079.60, payable in four (4) equal monthly installments of $12,769.90 each, incurred for the months of January 2009 through March 2009. Pursuant to the terms of the Promissory Note, Thomas Blanchette guaranteed the obligations of High-Tech Mechanical, Inc. to the extent of the principal amount due on the Note. In addition, Thomas Blanchette, individually and on behalf of High-Tech Mechanical, Inc., agreed that the Note did not alter the obligations of High-Tech Mechanical, Inc. to timely submit current reports and contributions due the Plaintiff Funds. High-Tech Mechanical, Inc. and Thomas Blanchette agreed that failure to submit current reports and contributions due to the Funds would constitute default under the terms of the Note. As of the date of filing the instant motion, Defendants have not submitted any monthly installment payments. (Wille Aff. Par. 5). 5. In addition, Plaintiffs' firm has expended the total amount of $2,476.25 in attorneys'

fees and $913.40 in costs, for a total of $3,389.65, in this matter. (See Affidavit of Catherine M. Chapman). 6. Based upon the documents attached hereto, Plaintiffs request entry of judgment

against Defendants, HIGH-TECH MECHANICAL, INC. and THOMAS BLANCHETTE, in the total amount of $94,937.50.

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WHEREFORE, Plaintiffs respectfully request this Court to enter judgment against Defendants, HIGH-TECH MECHANICAL, INC. and THOMAS BLANCHETTE, in the amount of $94,937.50. /s/ Catherine M. Chapman

Catherine M. Chapman Attorney for Plaintiffs BAUM SIGMAN AUERBACH & NEUMAN, LTD. 200 West Adams Street, Suite 2200 Chicago, IL 60606-5231 Bar No.: 6204026 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail]
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CERTIFICATE OF SERVICE The undersigned, an attorney of record, hereby certifies that she electronically filed the foregoing document (Motion for Entry of Judgment Against Defendants) 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 participants on or before the hour of 5:00 p.m. this 1st day of October 2009: Mr. Leonard R. Chaplinski, Jr., Registered Agent High-Tech Mechanical, Inc. 296 S. Kinzie Avenue Bradley, IL 60915 Mr. Leonard R. Chaplinski, Jr., Registered Agent High-Tech Mechanical, Inc. 1072 Flamingo Lane Bradley, IL 60915 Mr. Thomas Blanchette 5043 N. Pin Oak Turn Bourbonnais, IL 60914

/s/ Catherine M. Chapman

Catherine M. Chapman Attorney for Plaintiffs BAUM SIGMAN AUERBACH & NEUMAN, LTD. 200 West Adams Street, Suite 2200 Chicago, IL 60606-5231 Bar No.: 6204026 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail]
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