Sheet Metal Workers Local 265 Welfare Fund et al v. Engel Heating, LLC

Filing 11

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 Retir ement Plan, Sheet Metal Workers Local 265 Welfare Fund, Sheet Metal Workers' International Association, Local Union No. 265, Scott P Wille for entry of default , 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 in part, 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 order directing defendant to turn over monthly fringe benefit contributions reports (Attachments: # 1 Exhibit)(Dunitz-Geiringer, Jennifer)

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.
ENGEL HEATING, LLC, an Illinois limited
liability company,
Defendant.

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CIVIL ACTION
NO. 12 C 0139
JUDGE GARY FEINERMAN

MOTION FOR ENTRY OF DEFAULT, PARTIAL JUDGMENT
AND FOR AN ORDER DIRECTING DEFENDANT TO TURN
OVER MONTHLY FRINGE BENEFIT CONTRIBUTION REPORTS
NOW COME Plaintiffs, by their attorneys, and move for entry of judgment by default against
Defendant, ENGEL HEATING, LLC, an Illinois limited liability company, in the total amount of
$100,917.16, plus Plaintiffs’ court costs and reasonable attorneys’ fees in the amount of $1,075.75.
Further, Plaintiffs move for entry of an order directing ENGEL HEATING, LLC, an Illinois
limited liability company, Defendant herein, to turn over monthly fringe benefit contribution reports
due for the months of September 2011 through the present date, pursuant to the Agreements and
Declarations of Trust to which Defendant is bound, said Defendant having failed to answer or otherwise plead to the Complaint and the monthly contribution reports being required in order to fully
liquidate Plaintiffs' claims.
On January 16, 2012, the Summons and Complaint was served on the Registered Agent (by
tendering a copy of said documents to his receptionist, Amanda Orlandini, who was authorized to
accept service) at his place of business (a copy of the Summons and Affidavit of Service is attached

hereto). Therefore, Defendant’s answer was due on February 6, 2012. As Defendant has failed to
timely answer the Complaint, Plaintiffs respectfully request entry of default, partial judgment and
an order directing Defendant to turn over monthly fringe benefit contribution reports.

/s/ Jennifer L. Dunitz-Geiringer

Jennifer L. Dunitz-Geiringer
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\Engel Heating\#23746\motion (2).jdg.df.wpd

/s/ Jennifer L. Dunitz-Geiringer

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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 23rd day of February 2012:
Mr. Terrence J. McKenna, Registered Agent
Engel Heating, LLC
Franks Gerkin & McKenna, PC
19333 E. Grant Highway
PO Box 5
Marengo, IL 60152

/s/ Jennifer L. Dunitz-Geirnger

Jennifer L. Dunitz-Geiringer
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\Engel Heating\#23746\motion (2).jdg.df.wpd