Sheet Metal Workers Local 265 Welfare Fund et al v. Even - Temp, Incorporated

Filing 18

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 (Scanlon, Cecilia)

Sheet Metal Workers Local 265 Welfare Fund et al v. Even - Temp, Incorporated

Doc. 18

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.
EVEN - TEMP, INCORPORATED,
an Illinois corporation,
Defendant.

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CIVIL ACTION
NO. 13 C 2049
JUDGE GARY FEINERMAN

MOTION FOR ENTRY OF JUDGMENT
Plaintiffs, by and through their attorneys, default having been entered against the Defendant
on June 12, 2013, request this Court enter judgment against Defendant, EVEN - TEMP,
INCORPORATED, an Illinois corporation. In support of that Motion, Plaintiffs state:
1.

On June 12, 2013, 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 September 2012 through June 2013.
2.

The Administrative Manager for Plaintiff Funds advised Plaintiffs’ counsel on July

31, 2013 that Defendant submitted its fringe benefit contribution reports for the months of
September 2012 through June 2013 indicating minimal hours worked. Pursuant to Defendant’s
collective bargaining agreement with Sheet Metal Workers’ International Association, Local 265,
Defendant is obligated to report and pay contributions on no less that 117 hours per month. (See
Affidavit of Scott P. Wille).

Dockets.Justia.com

3.

Accordingly, Plaintiffs have calculated the amount of contributions due and owing

from Defendant for the months of September 2012 through June 2013, based on 117 hours per
month, to be $29,226.68.
4.

Additionally, the amount of $2,922.67 is due for liquidated damages. (Wille Aff. Par.

5.

In addition, Plaintiffs’ firm has expended $400.00 in costs and $1,921.00 in

5).

reasonable attorneys’ fees in this matter. (See Affidavit of Catherine M. Chapman).
6.

Based upon the documents attached hereto, Plaintiffs request entry of judgment in the

total amount of $34,470.35.
WHEREFORE, Plaintiffs respectfully request this Court to enter judgment in the amount of
$34,470.35.

/s/ Cecilia M. Scanlon

Cecilia M. Scanlon
Attorney for Plaintiffs
BAUM SIGMAN AUERBACH & NEUMAN, LTD.
200 West Adams Street, Suite 2200
Chicago, IL 60606-5231
Bar No.: 6288574
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
I:\265J\Even Temp\#24365\motion-judgment.cms.df.wpd

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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) 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 12th day of August
2013:
Mr. Steven A. Klem, Registered Agent
Even - Temp, Incorporated
134 N. LaSalle Street, Suite 1810
Chicago, IL 60602-1154
Mr. Anthony Pendola, President
Even - Temp, Incorporated
6304 Sondra Court
Plainfield, IL 60586
Mr. Anthony Pendola, President
Even - Temp, Incorporated
1081 Caton Farm Road, Unit E
Lockport, IL 60441

/s/ Cecilia M. Scanlon

Cecilia M. Scanlon
Attorney for Plaintiffs
BAUM SIGMAN AUERBACH & NEUMAN, LTD.
200 West Adams Street, Suite 2200
Chicago, IL 60606-5231
Bar No.: 6288574
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
I:\265J\Even Temp\#24365\motion-judgment.cms.df.wpd