Smart Local 265 Welfare Fund v. Midwest MEP, Inc.

Full title: SMART LOCAL 265 WELFARE FUND, et al., Plaintiffs, v. MIDWEST MEP, INC., an…

Court: United States District Court, Northern District of Illinois

Date published: Sep 11, 2023

Civil Action 22 C 3052 (N.D. Ill. Sep. 11, 2023)

Opinion

Civil Action 22 C 3052

09-11-2023

SMART LOCAL 265 WELFARE FUND, et al., Plaintiffs, v. MIDWEST MEP, INC., an Illinois corporation, Defendant.

Catherine M. Chapman, Attorney for the Plaintiffs BAUM SIGMAN AUERBACH & NEUMAN, LTD.

JOAN H. LEFKOW, JUDGE

Catherine M. Chapman, Attorney for the Plaintiffs BAUM SIGMAN AUERBACH & NEUMAN, LTD.

MOTION FOR ENTRY OF JUDGMENT

JOAN H. LEFKOW, JUDGE

Plaintiffs, by and through their attorneys, default having been entered against the Defendant on July 19, 2022 [Dkt. 10], request this Court enter judgment against Defendant, Midwest MEP, Inc., an Illinois corporation, pursuant to F.R.Civ.P. Rule 55(b). In support of this Motion, Plaintiffs state:

1. On July 19, 2022, this Court entered default against Defendant and granted Plaintiffs' request for an order directing an audit of the Defendant's payroll books and records for the time period May 1, 2018 forward. The Court also entered an order that judgment would be entered after the completion of the audit.

2. In August 2023, Plaintiffs' auditors completed the audit. The audit findings show that the Defendant is delinquent in contributions to the Funds in the amount of $11,679.04, plus $1,167.90 for liquidated damages, for a total of $12,846.94. (See Affidavit of Katie Eby).

3. The audit findings also show that Defendant owes $250.00 to the LMCC Bond Fund for 2020 annual participation, said payment being originally due by December 31, 2019 (Eby Aff. Para. 7).

4. Plaintiffs' auditing firm of Calibre CPA Group, PLLC charged Plaintiffs $1,368.75 to perform the audit examination and complete the report and the Funds are entitled to recover said fees under their Trust Agreements (Eby Aff. Par. 8).

5. In addition, Plaintiffs' firm has expended $1,452.00 for costs and $6,898.75 for 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 $22,816.44.

WHEREFORE, Plaintiffs respectfully request this Court to enter judgment in the amount of $22,816.44.