Opinion
Civil Action 23 C 808
06-14-2023
SMART LOCAL 265 WELFARE FUND, et al., Plaintiffs, v. MECHANICAL CONCEPTS OF ILLINOIS, INC., an Illinois corporation, Defendant.
Catherine M. Chapman Attorney for the Plaintiffs BAUM SIGMAN AUERBACH & NEUMAN, LTD.
Catherine M. Chapman Attorney for the Plaintiffs BAUM SIGMAN AUERBACH & NEUMAN, LTD.
MOTION FOR ENTRY OF JUDGMENT
JOHN J. THARP, JR. JUDGE.
Plaintiffs, by and through their attorneys, default having been entered against the Defendant on June 8, 2023, request this Court enter judgment against Defendant, MECHANICAL CONCEPTS OF ILLINOIS, INC., an Illinois corporation, pursuant to F.R.Civ.P. Rule 55(b). In support of this Motion, Plaintiffs state:
1. On June 8, 2023, this Court entered default against Defendant and ordered Plaintiffs to file a motion for default judgment by July 6, 2023.
2. An exit audit was performed upon the payroll books and records of the Defendant by Calibre CPA Group, PLLC, Certified Public Accountants. The audit covered the period from August 2020 through January 2023. (See Affidavit of Katie Eby).
3. Pursuant to the payroll audit conducted Calibre CPA Group, PLLC, it has been determined that there were no audit findings due from the Defendant to the Plaintiff Funds for contributions for the audit period (Eby. Aff. ¶ 5).
4. Defendant has submitted monthly contribution reports to the Plaintiffs identifying employees of the Defendant who performed work covered by the collective bargaining agreement, and the number of hours worked by or paid to those employees for the months of October 2022 through January 2023. Said monthly contribution reports establish that Defendant owes the Plaintiffs the amount of $134,580.50 for contributions (Eby. Aff. ¶ 6(b)).
5. Pursuant to the Trust Agreements, a liquidated damages surcharge has been assessed against the Defendant in the amount of ten (10%) percent of all contributions due and unpaid, for the months of October 2022 through January 2023, in the total amount of $13,291.26 (Eby. Aff. ¶ 6).
6. In addition, Plaintiffs' firm has expended $552.00 for costs and $601.50 for attorneys' fees in this matter. (See Affidavit of Catherine M. Chapman).
7. Based upon the supporting documents filed hereto, Plaintiffs request entry of judgment in the total amount of $149,025.26.
WHEREFORE, Plaintiffs respectfully request this Court to enter judgment in the amount of $149,025.26.