SMART Local 265 Welfare Fund et al v. United Building & Energy Services, LLC

Filing 37

MOTION by Plaintiffs SMART Local 265, SMART Local 265 Joint Apprentice Training Committee, SMART Local 265 Labor Management Cooperative Committee Trust Fund, SMART Local 265 Pension Fund, SMART Local 265 Supplemental Retirement Savings Plan, SMART Local 265 Vacation Fund, SMART Local 265 Welfare Fund, Kevin J. Schell, Sheet Metal Workers Local 265 Industry Fund for judgment (Scanlon, Cecilia)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

SMART LOCAL 265 WELFARE FUND,
et al.,
Plaintiffs,
vs.
UNITED BUILDING & ENERGY SERVICES,
LLC, a Wyoming limited liability company,
Defendant.

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CIVIL ACTION
NO. 19 C 3116
JUDGE FRANKLIN U. VALDERRAMA

MOTION FOR ENTRY OF JUDGMENT
Plaintiffs, by and through their attorneys, default having been entered against the Defendant
on June 27, 2019, 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 May 8, 2019, a lawsuit was filed. On May 13, 2019, the Summons and Complaint

was served on the corporation’s registered agent. Therefore, Defendant’s answer was due on June
3, 2019.
2.

On June 27, 2019, this Court entered default against Defendant and granted Plaintiffs’

request for an order directing an audit of the Defendant’s payroll books and records for the time
period January 1, 2016 through December 31, 2018. The Court also entered an order that judgment
would be entered after the completion of the audit.

3.

On July 17, 2019, Joseph P. Berglund filed his appearance as counsel for the

Defendant [Dkt. 11]. On August 5, 2020, Defendant’s answer to Plaintiffs’ complaint was
electronically filed with this Court [Dkt. 31].
4.

On or about January 27, 2020, Plaintiffs’ auditors issued the initial audit report.

Thereafter, on February 14, 2020, Plaintiffs’ auditors issued a revised audit report which did not
change the initial amounts due identified in the January 27, 2020 report. The initial and revised audit
findings show that the Defendant is delinquent in contributions to the Funds in the amount of
$596,841.29, plus $59,684.13 for liquidated damages, for a total of $656,525.42. (See Affidavit of
Katie Eby).
5.

Plaintiffs' auditing firm of Calibre CPA Group, PLLC charged Plaintiffs $783.75 to

perform the audit examination and complete the audit report and revised audit report and the Funds
are entitled to recover said fees under their Trust Agreements (Eby Aff. Par. 7).
6.

In addition, Plaintiffs’ firm has expended $485.00 for costs and $12,999.50 for

attorneys’ fees in this matter. (See Affidavit of Catherine M. Chapman).
7.

In the Court’s Notification of Docket Entry issued on March 9, 2021 [Dkt. 35], the

Court allowed the Defendant until March 30, 2021 to retain new counsel and the parties were
ordered to file a status report by April 12, 2021.
8.

As Defendant has failed to retain new counsel and cannot proceed pro se, Plaintiffs

respectfully request entry of judgment pursuant to F.R.C.P. 55. Also, see, United States v.
Hagerman, 549 F3d. 536, 538 (7th Cir. 2008) (“The usual course when a litigant not entitled to
liltigate pro se loses its lawyer in the midst of the case is to give it a reasonable opportunity to find
a new one or enter a default judgment”) (citations omitted).
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9.

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

total amount of $670,793.67.
WHEREFORE, Plaintiffs respectfully request this Court to enter judgment in the amount of
$670,793.67.

/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: [phone]
E-Mail: [e-mail]
I:\265J\United Building & Energy\#28556\motion for entry of judgment.cms.df.wpd

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 28th day of April
2021:
Ms. Wendy Rock
United Building & Energy Services, LLC
2100 Manchester Road, Suite 601
Wheaton, IL 60187-4587

/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\United Building & Energy\#28556\motion for entry of judgment.cms.df.wpd