Sheet Metal Workers Local 265 Welfare Fund et al v. In-Stall, Inc.
Filing
19
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 (Scanlon, Cecilia)
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.
IN-STALL, INC., an Illinois corporation,
Defendant.
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CIVIL ACTION
NO. 15 C 11432
JUDGE JOHN W. DARRAH
MOTION FOR ENTRY OF JUDGMENT
Plaintiffs, by and through their attorneys, default having been entered against the Defendant
on February 24, 2016 request this Court enter judgment against Defendant, IN-STALL, INC., an
Illinois corporation. In support of this Motion, Plaintiffs state:
1.
On February 24, 2016, 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 November 2015 forward within 14 days of the entry of said Order. The
Court also entered an order that judgment would be entered after Defendant submitted the required
contribution reports and Plaintiffs determined the amount due and owing from Defendant.
2.
On April 13, 2016, Plaintiffs’ counsel filed a motion for an order setting a hearing
on a rule to show cause as a result of Defendant’s failure to submit the monthly fringe benefit
contribution reports for November 2015 forward pursuant to the Court’s order entered on February
24, 2016. The motion hearing was scheduled for May 3, 2016.
3.
On May 3, 2016, the Court entered and continued Plaintiffs’ motion until June 7,
4.
On June 6, 2016, the Court reset the hearing on Plaintiffs’ motion from June 7, 2016
2016.
to June 30, 2016. The Court ordered Defendant to be present in court on June 30, 2016.
5.
On June 16, 2016, Plaintiffs’ counsel was notified by representatives of the Plaintiff
Funds that Defendant submitted its monthly fringe benefit contribution reports for November 2015
through April 2016, but said contributions were untimely remitted and therefore liquidated damages
had been assessed against the Defendant.
6.
On June 29, 2016, the Court reset the hearing on Plaintiffs’ motion from June 30,
2016 to September 13, 2016.
7.
On September 1, 2016, Plaintiffs’ counsel was notified by representatives of the
Plaintiff Funds that Defendant failed to submitted its monthly fringe benefit contribution reports for
June 2016 forward and that because prior contributions were untimely remitted, liquidated damages
had been assessed against the Defendant and were still due and owing.
8.
On September 7, 2016, the Court reset the hearing on Plaintiffs’ motion from
September 13, 2016 to October 26, 2016.
9.
For the contribution months of September 2015 and November 2015 through April
2016, Defendant paid all contributions due. However, said contributions were untimely remitted by
Defendant, and Plaintiff Funds have assessed liquidated damages in the amount of ten (10%) percent
of all contributions due and untimely remitted. Accordingly, the amount of $1,585.97 is due for
liquidated damages for the stated months. (Schell Aff. Par. 5).
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10.
Additionally, Plaintiffs’ firm has expended the sum of $485.00 for costs and the
amount of $1,898.25 in attorneys’ fees, for a total of $2,383.25, in this matter. (See Affidavit of
Catherine M. Chapman).
11.
Based upon the documents attached hereto, Plaintiffs request entry of judgment in the
total amount of $3,969.22.
WHEREFORE, Plaintiffs respectfully request this Court to enter judgment in the amount of
$3,969.22.
/s/ Cecilia M. Scanlon
Cecilia M. Scanlon
Attorney for the Plaintiffs
BAUM SIGMAN AUERBACH & NEUMAN, LTD.
200 West Adams Street, Suite 2200
Chicago, IL 60606-5231
Bar No.: 6288574
Telephone: 312/216-2577
Facsimile: 312/236-0241
E-Mail: cscanlon@baumsigman.com
I:\265J\In-Stall, Inc\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 18th day of October
2016:
Mr. Silvano Sintich, Registered Agent/President
In-Stall, Inc.
17 W. Burlington
Western Springs, IL 60558
/s/
Cecilia M. Scanlon
Attorney for the Plaintiffs
BAUM SIGMAN AUERBACH & NEUMAN, LTD.
200 West Adams Street, Suite 2200
Chicago, IL 60606-5231
Bar No.: 6288574
Telephone: 312/216-2577
Facsimile: 312/236-0241
E-Mail: cscanlon@baumsigman.com
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Cecilia M. Scanlon
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