Sheet Metal Workers Local 265 Welfare Fund et al v. J & B Mechanical, Inc.

Filing 21

MOTION by Plaintiffs Kevin J. 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.
J & B MECHANICAL, INC.,
an Illinois corporation,
Defendant.

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CIVIL ACTION
NO. 16 C 11035
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, J & B MECHANICAL,
INC., an Illinois corporation. 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 August 2016 forward. The Court also entered an order that judgment would
be entered after Defendant submitted the required reports and Plaintiffs determined the amount due
and owing from Defendant.
2.

In April and May 2017, Defendant submitted monthly fringe benefit contribution

reports for May 2016 through February 2017. All contributions due and owing from Defendant for
the contributions for May 2016 through February 2017 were paid by Defendant. (See Affidavit of
Kevin J. Schell).

3.

Due to Defendant’s untimely submission of contribution reports for May 2016

through February 2017 and the payment of the fringe benefit contributions due thereon, Plaintiffs
have assessed liquidated damages for the stated time period in the amount of ten (10%) percent of
all contributions due and untimely paid in the amount of $4,552.97. (Schell Aff. Par. 5).
4.

In addition, Plaintiffs’ firm has expended $770.00 in costs and $2,528.75 in attorneys’

fees, for a total of $3,298.75, 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 $7,851.72.
WHEREFORE, Plaintiffs respectfully request this Court to enter judgment in the amount of
$7,851.72.

/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]
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CERTIFICATE OF SERVICE
The undersigned, an attorney of record, hereby certifies that on or before the hour of 5:00
p.m., this 28th day of June 2017, she electronically filed the foregoing document (Motion for Entry
of Judgment) with the Clerk of Court using the CM/ECF system, which will send notification of
such filing to the following:
Mr. Timothy J. Somen
Somen Law Firm, LLC
1620 W. Colonial Parkway
Inverness, IL 60067
[e-mail]
I hereby certify 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 28th day of June 2017:
Ms. Jo Slavich, Registered Agent/President
J & B Mechanical, Inc.
128 W. Pratt Boulevard
Schaumburg, IL 60172-5011

/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]
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