SMART Local 265 Welfare Fund et al v. In-Stall, Inc.

Filing 12

MOTION by Plaintiffs Katie Eby, 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, Sheet Metal Workers Local 265 Industry Fund for judgment (Chapman, Catherine)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
SMART LOCAL 265 WELFARE FUND,
et al.,
Plaintiffs,
vs.
IN-STALL, INC., an Illinois corporation,
Defendant.

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CIVIL ACTION
NO. 23 C 16093
JUDGE MANISH S. SHAH

PLAINTIFFS’ MOTION FOR ENTRY OF JUDGMENT
Plaintiffs, SMART LOCAL 265 WELFARE FUND, et al., by their attorneys, default having
been entered against the Defendant on December 28, 2023, request this Court enter judgment against
Defendant, IN-STALL, INC., an Illinois corporation, pursuant to F.R.Civ.P. Rule 55(b). In support
of this Motion, Plaintiffs state:
1.

On December 28, 2023, 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 the months of October 2023 and November 2023. The Court also entered
an order that judgment would be entered after Plaintiffs’ received the required contribution reports
and determined the amounts due and owing from Defendant.
2.

Since the entry of the Court’s Order on December 28, 2023, Defendant has submitted

its monthly fringe benefit contribution reports and amounts due thereon for the months of October
2023 through April 2024. With the exception of February 2024 and March 2024 reports, all other
reports were untimely submitted.

3.

In addition, Defendant submitted its monthly fringe benefit contribution report for

April 2024 without the amounts due thereon. This report supports the conclusion that Defendant is
delinquent in fringe benefit contributions to the Funds in the amount of $9,402.12. (See Affidavit
of Katie Eby).
3.

Due to the late submission of contributions due and owing for the months of August

2022, September 2022, November 2022, February 2023 through January 2024 and April 2024,
Defendant owes Plaintiffs $36,530.10 for liquidated damages. (Eby Aff. Par. 5).
4.

In addition, Plaintiffs’ firm has expended $552.00 for costs and $1,581.00 for

attorneys’ fees 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 $48,065.22.
WHEREFORE, Plaintiffs respectfully request this Court to enter judgment in the amount of
$48,065.22.

/s/ Catherine M. Chapman

Catherine M. Chapman
Attorney for the Plaintiffs
BAUM SIGMAN AUERBACH & NEUMAN, LTD.
200 West Adams Street, Suite 1825
Chicago, IL 60606-5250
Bar No.: 6204026
Telephone: [phone]
Facsimile: 312/236-0241
E-Mail: [e-mail]
I:\265J\In-Stall, Inc\#29457\2nd 2023\motion for entry of judgment.cmc.df.wpd

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CERTIFICATE OF SERVICE
The undersigned, an attorney of record, hereby certifies that she electronically filed the
foregoing document (Plaintiffs’ 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 5th day
of June 2024:
Silvano P. Sintich, Registered Agent
In-Stall, Inc.
17 W. Burlington Avenue
Western Springs, IL 60558-1630

/s/ Catherine M. Chapman
Catherine M. Chapman
Attorney for the Plaintiffs
BAUM SIGMAN AUERBACH & NEUMAN, LTD.
200 West Adams Street, Suite 1825
Chicago, IL 60606-5250
Bar No.: 6204026
Telephone: [phone]
Facsimile: 312/236-0241
E-Mail: [e-mail]
I:\265J\In-Stall, Inc\#29457\2nd 2023\motion for entry of judgment.cmc.df.wpd