Sheet Metal Workers Local 265 Welfare Fund et al v. United Building & Energy Services, LLC

Northern District of Illinois, ilnd-1:2016-cv-06589

MOTION by Plaintiffs 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, Scott P. Wille for judgment

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Case: 1:16-cv-06589 Document #: 13 Filed: 10/12/16 Page 1 of 3 PageID #:29 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION SHEET METAL WORKERS LOCAL 265) WELFARE FUND, et al.,)) Plaintiffs,) CIVIL ACTION) vs.) NO. 16 C 6589) UNITED BUILDING & ENERGY SERVICES,) JUDGE MATTHEW F. KENNELLY LLC, a Wyoming limited liability company,)) Defendant.) MOTION FOR ENTRY OF JUDGMENT Plaintiffs, by and through their attorneys, default having been entered against the Defendant on August 10, 2016 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 August 10, 2016, 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 forward within 14 days of the entry of said Order. The Court also entered an order that judgment would be entered after Defendant submitted the required contribution reports and Plaintiffs determined the amount due and owing from Defendant. 2. In August 2016, Plaintiff Funds received Defendant's monthly fringe benefit contribution reports for April 2016 forward. (See Affidavit of Kevin J. Schell). 3. Defendant paid all contributions due for the contribution months of March 2016, May 2016 and June 2016. However, said contributions were untimely submitted by Defendant, and Case: 1:16-cv-06589 Document #: 13 Filed: 10/12/16 Page 2 of 3 PageID #:30 Plaintiff Funds have assessed liquidated damages in the amount of ten (10%) percent of all contributions due and untimely remitted. Accordingly, the amount of $407.62 is due for liquidated damages for March 2016, May 2016 and June 2016. (Schell Aff. Par. 5). 4. Additionally, Plaintiffs' firm has expended the sum of $485.00 for costs and the amount of $1,083.25 in attorneys' fees, for a total of $1,568.25, 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 $1,975.87. WHEREFORE, Plaintiffs respectfully request this Court to enter judgment in the amount of $1,975.87. /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\United Building & Energy\#26832\motion-judgment.cms.df.wpd 2 Case: 1:16-cv-06589 Document #: 13 Filed: 10/12/16 Page 3 of 3 PageID #:31 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 12th day of October 2016: Registered Agents, Inc., Registered Agent for United Building & Energy Services, LLC 1900 E. Golf Road, Suite 950A Schaumburg, IL 60173 Ms. Wendy Rock United Building & Energy Services, LLC 2100 Manchester Road, Suite 601 Wheaton, IL 60187 /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\United Building & Energy\#26832\motion-judgment.cms.df.wpd