Sheet Metal Workers Local 265 Welfare Fund et al v. One Source United Mechanical, LLC
Filing
19
MOTION by Plaintiffs Kevin Schell, 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 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.
ONE SOURCE UNITED MECHANICAL, LLC,
an Illinois limited liability company, d/b/a
UBM MECHANICAL SERVICES,
Defendant.
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CIVIL ACTION
NO. 16 C 10470
JUDGE CHARLES R. NORGLE, SR.
MOTION FOR ENTRY OF JUDGMENT
Plaintiffs, by and through their attorneys, default having been entered against the Defendant
on January 12, 2017, request this Court enter judgment against Defendant, ONE SOURCE UNITED
MECHANICAL, LLC, an Illinois limited liability company, d/b/a UBM MECHANICAL
SERVICES. In support of that Motion, Plaintiffs state:
1.
On January 12, 2017, 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 and July 2016 within 14 days of the entry of the Order (by January
26, 2017). The Court Order also stated that judgment would be entered after Plaintiffs determined
the amount due and owing from Defendant.
2.
Defendant failed to submit the required monthly fringe benefit contribution reports
for June and July 2016, pursuant to the Court’s Order entered on January 12, 2017. Accordingly,
on February 8, 2017, Plaintiffs’ counsel filed a motion for an order setting a hearing on a rule to
show cause.
3.
On February 15, 2017, the Court granted Plaintiffs’ motion and set a hearing on a rule
to show cause for April 7, 2017 at 11:00 a.m.
4.
On April 7, 2017, Plaintiffs’ counsel appeared before Judge Norgle on the scheduled
hearing on the rule to show cause. The matter was set for a status hearing on April 21, 2017.
5.
On or about April 19, 2017, the Plaintiff Funds notified Plaintiffs’ counsel that it
determined the amount due and owing from Defendant for the months of June 2016 and July 2016.
(See Affidavit of Kevin J. Schell).
6.
On April 21, 2017, the status hearing was stricken and continued to April 28, 2017.
7.
On April 28, 2017, the status hearing was stricken and continued to May 12, 2017.
8.
Plaintiff Funds have determined that Defendant owes $23,381.75 in contributions and
$2,338.18 in liquidated damages, for a total of $25,719.93.
9.
In addition, Plaintiffs’ firm has expended $400.00 in court costs and $2,150.50 in
attorneys’ fees, for a total of $2,550.50, in this matter. (See Affidavit of Catherine M. Chapman).
10.
Based upon the documents attached hereto, Plaintiffs request entry of judgment in the
total amount of $28,270.43.
WHEREFORE, Plaintiffs respectfully request this Court to enter judgment in the amount of
$28,270.43.
/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\UBM\motion-judgment.cms.df.wpd
3
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 19th day of May
2017:
Mr. Marcus J. Nunes, Registered Agent
One Source United Mechanical, LLC
Chico & Nunes, PC
333 W. Wacker Drive, Suite 1420
Chicago, IL 60606
Mr. James S. Cabrera, CEO
UBM Mechanical Services
167 Easy Street
Carol Stream, IL 60188
UBM Mechanical Services
254 Tubeway Drive
Carol Stream, IL 60188
/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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