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

Filing 17

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 Wille for judgment entry (Alfon, Beverly)

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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. MIDWEST SHEET METAL, INC., an Illinois corporation, Defendant. ) ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 09 C 6426 JUDGE MATTHEW F. KENNELLY MOTION FOR ENTRY OF JUDGMENT Plaintiffs, by and through their attorneys, default having been entered against the Defendant on December 22, 2009, request this Court enter judgment against Defendant, MIDWEST SHEET METAL, INC., an Illinois corporation. In support of that Motion, Plaintiffs state: 1. On December 22, 2009, this Court entered default against Defendant and granted Plaintiffs' motion for an order directing Defendant to turn over its monthly fringe benefit contribution reports for April 2009 through the present date within 14 days of the entry of said Order. The Court retained jurisdiction to enforce the Order and enter judgment against Defendant. 2. In lieu of submitting reports, on February 10, 2010, Defendant submitted correspondence to Plaintiffs' counsel, indicating the number of hours worked by its employees during the months of April 2009 through June 2009. Defendant also indicated that "zero" hours were worked during the months of July 2009 through January 2010. Based on this information and the contribution rates set forth in the Defendant's collective bargaining agreement with the Funds, $13,519.32 in benefit contributions are due to the Funds. (See Affidavit of Scott P. Wille). 3. An additional $1,351.93 is due to the Funds for liquidated damages assessed on the delinquent benefit contributions. (Wille Aff. Par. 7). 4. Plaintiffs also incurred $520.00 in costs and $1,792.50 in attorneys' fees in this matter. (See Affidavit of Catherine M. Chapman). 5. Based upon the documents attached hereto, Plaintiffs request entry of judgment in the total amount of $17,183.75. WHEREFORE, Plaintiffs respectfully request this Court to enter judgment in the amount of $17,183.75. /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: (312) 236-4316 Facsimile: (312) 236-0241 E-Mail: balfon@baumsigman.com I:\265J\Midwest Sheet Metal\#21511\2nd 2009\motion-judgment.bpa.df.wpd 2 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 16th day of March 2010: Mr. Robert J. Spears, Registered Agent/President Midwest Sheet Metal, Inc. 5723 Weatherstone Way Johnsburg, IL 60050 Mr. Robert J. Spears 30 Atwater Parkway Fox Lake, IL 60020 /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: (312) 236-4316 Facsimile: (312) 236-0241 E-Mail: balfon@baumsigman.com I:\265J\Midwest Sheet Metal\#21511\2nd 2009\motion-judgment.bpa.df.wpd

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