Sheet Metal Workers Local 265 Welfare Fund et al v. HBC Mechanical, Inc.

Filing 22

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 entry (Scanlon, Cecilia)

Sheet Metal Workers Local 265 Welfare Fund et al v. HBC Mechanical, Inc. Doc. 22 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. ) ) HBC MECHANICAL, INC., an Illinois corporation,) ) Defendant. ) CIVIL ACTION NO. 10 C 4222 JUDGE ROBERT M. DOW, JR. MOTION FOR ENTRY OF JUDGMENT Plaintiffs, by and through their attorneys, default having been entered against the Defendant on June 16, 1998, request this Court enter judgment against Defendant, HBC MECHANICAL, INC., an Illinois corporation. In support of that Motion, Plaintiffs state: 1. On August 25, 2010, 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 time period January 2010 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. 2. On September 16, 2010, Defendant submitted its monthly fringe benefit contribution reports for March 2010 forward indicating "zero" hours and accordingly no fringe benefit contributions due. Prior reports submitted by Defendant for December 2009 through February 2010 show that the Defendant is delinquent in contributions to the Funds in the amount of $7,659.36. (See Affidavit of Scott P. Wille). Dockets.Justia.com 3. 4(b)). 4. Additionally, the amount of $765.94 is due for liquidated damages. (Wille Aff. Par. Defendant untimely remitted payment of its fringe benefit contributions due for the month of May 2008 and accordingly incurred liquidated damages in the amount of $530.09. After a partial payment of $166.28, Defendant still owes $363.81 in liquidated damages for the stated month. (Wille Aff. Par. 5). 5. In addition, Plaintiffs' firm has expended $520.00 in costs and $793.75 in reasonable 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 $10,102.86. WHEREFORE, Plaintiffs respectfully request this Court to enter judgment in the amount of $10,102.86. /s/ Cecilia M. Scanlon Attorneys for the Plaintiffs BAUM SIGMAN AUERBACH & NEUMAN, LTD. 200 West Adams Street, Suite 2200 Chicago, IL 60606-5231 Bar No.: 6288574 Telephone: 312/236-4316 Facsimile: 312/236-0241 E-Mail: cscanlon@baumsigman.com I:\265J\HBC Mechanical\motion-judgment 2.cms.df.wpd Cecilia M. Scanlon 2 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 15th day of October 2010: Mr. Frank T. Senese, Registered Agent/President HBC Mechanical, Inc. 6808 Hobson Valley Drive, Suite 108 Woodridge, IL 60517 Mr. Frank T. Senese, Registered Agent HBC Mechanical, Inc. 1971 Nutmeg Lane Naperville, IL 60565 /s/ Cecilia M. Scanlon Cecilia M. Scanlon Attorneys for the Plaintiffs BAUM SIGMAN AUERBACH & NEUMAN, LTD. 200 West Adams Street, Suite 2200 Chicago, IL 60606-5231 Bar No.: 6288574 Telephone: 312/236-4316 Facsimile: 312/236-0241 E-Mail: cscanlon@baumsigman.com I:\265J\HBC Mechanical\motion-judgment 2.cms.df.wpd

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