IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

SHEET METAL WORKERS LOCAL 265 )

WELFARE FUND, et al., )

)

Plaintiffs, ) CIVIL ACTION

)

vs. ) NO. 12 C 0139

)

ENGEL HEATING, LLC, an Illinois limited ) JUDGE GARY FEINERMAN

liability company, )

)

Defendant. )

MOTION FOR ENTRY OF DEFAULT, PARTIAL JUDGMENT

AND FOR AN ORDER DIRECTING DEFENDANT TO TURN

OVER MONTHLY FRINGE BENEFIT CONTRIBUTION REPORTS

NOWCOME Plaintiffs, bytheir attorneys, and move for entryofjudgment bydefault against

Defendant, ENGEL HEATING, LLC, an Illinois limited liability company, in the total amount of

$100,917.16, plus Plaintiffs’ court costs and reasonable attorneys’ fees in the amount of $1,075.75.

Further, Plaintiffs move for entry of an order directing ENGEL HEATING, LLC, an Illinois

limited liability company, Defendant herein, to turn over monthly fringe benefit contribution reports

due for the months of September 2011 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 January 16, 2012, the Summons and Complaint was served on the Registered Agent (by

tendering a copy of said documents to his receptionist, Amanda Orlandini, who was authorized to

accept service) at his place of business (a copy of the Summons and Affidavit of Service is attached

Case: 1:12-cv-00139 Document #: 11 Filed: 02/23/12 Page 1 of 3 PageID #:29
hereto). Therefore, Defendant’s answer was due on February 6, 2012. As Defendant has failed to

timely answer the Complaint, Plaintiffs respectfully request entry of default, partial judgment and

an order directing Defendant to turn over monthly fringe benefit contribution reports.

/s/ Jennifer L. Dunitz-Geiringer 

Jennifer L. Dunitz-Geiringer 

Attorney for Plaintiffs

BAUM SIGMAN AUERBACH & NEUMAN, LTD.

200 West Adams Street, Suite 2200

Chicago, IL 60606-5231

Bar No.: 6237001

Telephone: (312) 236-4316

Facsimile: (312) 236-0241

E-Mail: junitz.geiringer@baumsigman.com

I:\265J\Engel Heating\#23746\motion (2).jdg.df.wpd

/s/ Jennifer L. Dunitz-Geiringer 

2

Case: 1:12-cv-00139 Document #: 11 Filed: 02/23/12 Page 2 of 3 PageID #:30
CERTIFICATE OF SERVICE

The undersigned, an attorney of record, hereby certifies that she electronically filed the

foregoing document (Motion) 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 23rd day of February 2012:

Mr. Terrence J. McKenna, Registered Agent

Engel Heating, LLC

Franks Gerkin & McKenna, PC

19333 E. Grant Highway

PO Box 5

Marengo, IL 60152

/s/ Jennifer L. Dunitz-Geirnger 

Jennifer L. Dunitz-Geiringer

Attorney for Plaintiffs

BAUM SIGMAN AUERBACH & NEUMAN, LTD.

200 West Adams Street, Suite 2200

Chicago, IL 60606-5231

Bar No.: 6237001

Telephone: (312) 236-4316

Facsimile: (312) 236-0241

E-Mail: jdunitz.geiringer@baumsigman.com

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Case: 1:12-cv-00139 Document #: 11 Filed: 02/23/12 Page 3 of 3 PageID #:31