SMART Local 265 Welfare Fund et al v. May-Aire Heating and Cooling Co., Inc.

Filing 16

MOTION by Plaintiffs Katie Eby, SMART Local 265, SMART Local 265 Joint Appentice 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.
MAY-AIRE HEATING AND COOLING CO.,
INC., an Illinois corporation,
Defendant.

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CIVIL ACTION
NO. 24 C 8676
JUDGE JEFFREY I. CUMMINGS

MOTION FOR ENTRY OF JUDGMENT
Plaintiffs, by and through their attorneys, default having been entered against the
Defendant on January 3, 2025, request this Court enter judgment against Defendant, MAY-AIRE
HEATING AND COOLING CO., INC., an Illinois corporation, pursuant to F.R.Civ.P. Rule 55(b).
In support of this Motion, Plaintiffs state:
1.

On January 3, 2025, this Court entered default against Defendant and granted

Plaintiffs= request for an order directing an audit of Defendant’s payroll books and records for the
time period April 1, 2019 through May 31, 2024. The Court also entered an order that judgment
would be entered after Plaintiffs= received the audit report and determined the amounts due and
owing from Defendant.
2.

In February 2025, an audit was performed by Plaintiffs’ auditors, Calibre CPA

Group, PLLC, for the audit period April 1, 2019 through December 31, 2024. Pursuant to said
audit, Defendant owes Plaintiffs $6,669.64 for contributions. (See Affidavit of Katie Eby).

3.

Additionally, the amount of $666.96 is due for liquidated damages. (Eby Aff. Par.

4.

Plaintiffs’ auditors have charged the Plaintiffs $1,493.75 for audit fees. (Eby Aff.

5.

In addition, Plaintiffs= firm has expended $555.00 for costs and $1,131.00 for

6).

Par. 7).

attorneys= fees in this matter. (See Affidavit of Catherine M. Chapman).
6.

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

the total amount of $10,516.35.
WHEREFORE, Plaintiffs respectfully request this Court to enter judgment in the amount
of $10,516.35.

/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\may-aire heating\#30910\motion for entry of judgment.docx

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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 she 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 7th day of March
2025:
Gina M. Ciconte, Registered Agent/President
May-Aire Heating and Cooling Co., Inc
713 S. Addison Avenue
Villa Park, IL 60181-2804

/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]

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