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Sheet Metal Workers Local 265 Welfare Fund v. K.C.W. Environmental Conditioning

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION


November 20, 2007

SHEET METAL WORKERS LOCAL 265 WELFARE FUND, ET AL., PLAINTIFFS,
v.
K.C.W. ENVIRONMENTAL CONDITIONING, INC., AN ILLINOIS CORPORATION, DEFENDANT.

The opinion of the court was delivered by: Judge Robert W. Gettleman

MOTION FOR ENTRY OF DEFAULT AND JUDGMENT AND FOR AN ORDER DIRECTING DEFENDANT TO TURN OVER MONTHLY FRINGE BENEFIT CONTRIBUTION REPORTS

NOW COME Plaintiffs, by their attorneys, and move for entry of judgment by default against Defendant, K.C.W. ENVIRONMENTAL CONDITIONING, INC., an Illinois corporation, in the total amount of $25,401.02, plus Plaintiffs' court costs and reasonable attorneys' fees in the amount of $640.00.

Further, Plaintiffs move for entry of an order directing Defendant, K.C.W. ENVIRONMENTAL CONDITIONING, INC., an Illinois corporation, to turn over monthly fringe benefit contribution reports due for the months of September 2007 through the present date, pursuant to the Agreements and Declarations of Trust to which Defendant is bound, said Defendant having failed to answer or otherwise plead to the Complaint and the monthly contribution reports being required in order to fully liquidate Plaintiffs' claims.

On October 15, 2007, the Summons and Complaint was served on the Registered Agent (by tendering a copy of said documents to Wendy Mueller) at his place of business (a copy of the Summons and Affidavit of Service is attached hereto). Therefore, Defendant's answer was due on November 5, 2007. As Defendant has failed to timely answer the Complaint, Plaintiffs respectfully request entry of default and judgment.

20071120

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