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Sheet Metal Workers Local 265 Welfare Fund v. Phillips Heating & Cooling

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


November 28, 2007

SHEET METAL WORKERS LOCAL 265 WELFARE FUND, ET AL., PLAINTIFFS,
v.
PHILLIPS HEATING & COOLING, INC., AN ILLINOIS CORPORATION, DEFENDANT.

The opinion of the court was delivered by: Judge Joan B. Gottschall

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, PHILLIPS HEATING & COOLING, INC., an Illinois corporation, in the total amount of $27,887.10, plus Plaintiffs' court costs and reasonable attorneys' fees totaling $738.75.

Further, Plaintiffs move for entry of an order directing Defendant, PHILLIPS HEATING & COOLING, 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 other- wise plead to the Complaint and the monthly contribution reports being required in order to fully liquidate Plaintiffs' claims.

On September 10, 2007, the Summons and Complaint was served on the Registered Agent by tendering a copy of said documents to him personally at his place of business (a copy of the Summons and Affidavit of Service is attached hereto). Therefore, Defendant's answer was due on September 30, 2007. As Defendant has failed to timely answer the Complaint, Plaintiffs respectfully request entry of default and judgment.

20071128

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