Sheet Metal Workers Local 265 Welfare Fund et al v. Evotech Stainless Professionals, Inc.

Filing 13

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 (Ryan, Patrick)

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.
EVOTECH STAINLESS PROFESSIONALS,
INC., a dissolved Illinois corporation,
Defendant.

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CIVIL ACTION
NO. 11 C 7364
JUDGE GEORGE W. LINDBERG

MOTION FOR ENTRY OF JUDGMENT
Plaintiffs, by and through their attorneys, default having been entered against the Defendant
on December 5, 2011, request this Court enter judgment against Defendant, EVOTECH
STAINLESS PROFESSIONALS, INC., a dissolved Illinois corporation. In support of that Motion,
Plaintiffs state:
1.

On December 5, 2011, 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 July 2011 forward. The Court also scheduled a prove-up hearing for January
11, 2012.
2.

On December 2, 2011, Plaintiffs’ counsel received a facsimile from Defendant with

Defendant’s monthly fringe benefit contribution reports for July 2011 through October 2011. The
contribution reports show that the Defendant is delinquent in contributions to the Funds in the
amount of $18,992.77, which includes contribution shortages of $537.45 due for August 2009 and
$19.69 due for May 2010. (See Affidavit of Scott P. Wille).

3.

Additionally, the amount of $2,848.93 is due for liquidated damages for the time

period February 2011 through October 2011. (Wille Aff. Par. 5).
4.

In addition, Plaintiffs’ firm has expended the amount of $435.00 in costs and

$1,032.75 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 $23,309.45.
WHEREFORE, Plaintiffs respectfully request this Court to enter judgment in the amount of
$23,309.45.

/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.: 6237001
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
I:\265J\Evotech\#23384\motion-judgment.pnr.df.wpd

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CERTIFICATE OF SERVICE
The undersigned, an attorney of record, hereby certifies that he 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 1st day of February
2012:
Ms. Anna M. Romero, Registered Agent/President
Evotech Stainless Professionals, Inc.
4N849 White Pine Lane
St. Charles, IL 60175

/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.: 6237001
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
I:\265J\Evotech\#23384\motion-judgment.pnr.df.wpd