Sheet Metal Workers Local 265 Welfare Fund et al v. United Building & Energy Services, LLC

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 (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.
UNITED BUILDING & ENERGY SERVICES,
LLC, a Wyoming limited liability company,
Defendant.

)
)
)
)
)
)
)
)
)
)
)

CIVIL ACTION
NO. 16 C 6589
JUDGE MATTHEW F. KENNELLY

MOTION FOR ENTRY OF JUDGMENT
Plaintiffs, by and through their attorneys, default having been entered against the Defendant
on August 10, 2016 request this Court enter judgment against Defendant, UNITED BUILDING &
ENERGY SERVICES, LLC, a Wyoming limited liability company. In support of this Motion,
Plaintiffs state:
1.

On August 10, 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 June 2016 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.

In August 2016, Plaintiff Funds received Defendant’s monthly fringe benefit

contribution reports for April 2016 forward. (See Affidavit of Kevin J. Schell).
3.

Defendant paid all contributions due for the contribution months of March 2016, May

2016 and June 2016. However, said contributions were untimely submitted 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 $407.62 is due for liquidated
damages for March 2016, May 2016 and June 2016. (Schell Aff. Par. 5).
4.

Additionally, Plaintiffs’ firm has expended the sum of $485.00 for costs and the

amount of $1,083.25 in attorneys’ fees, for a total of $1,568.25, 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 $1,975.87.
WHEREFORE, Plaintiffs respectfully request this Court to enter judgment in the amount of
$1,975.87.

/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: [phone]
Facsimile: 312/236-0241
E-Mail: [e-mail]
I:\265J\United Building & Energy\#26832\motion-judgment.cms.df.wpd

2

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 October
2016:
Registered Agents, Inc., Registered Agent for
United Building & Energy Services, LLC
1900 E. Golf Road, Suite 950A
Schaumburg, IL 60173
Ms. Wendy Rock
United Building & Energy Services, LLC
2100 Manchester Road, Suite 601
Wheaton, IL 60187

/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: [phone]
Facsimile: 312/236-0241
E-Mail: [e-mail]
I:\265J\United Building & Energy\#26832\motion-judgment.cms.df.wpd

Cecilia M. Scanlon