Motion for Entry of Judgment

ELAINE E. BUCKLO, District Judge.

Plaintiffs, by its attorney, Daniel P. McAnally, move this Honorable Court for an entry of judgment and in support Plaintiffs state:

1. This is and ERISA trust fund case seeking delinquent contributions, interest, liquidated damages, dues check-off and attorney fees.

2. On November 14, 2012 this Court entered an Order of Default against the Defendant for its failure to answer to the complaint. (Exhibit A)

3. The Order of Default directed the Defendant, among other things, to submit reports and contributions. The Court retained jurisdiction to enter a final judgment for the contributions and dues checkoff shown to be owed by way of an estimate or otherwise, including interest, liquidated damages and attorney fees pursuant to the trust agreements and ERISA Section 1132(g)(2). (Exhibit A)

4. The Defendant submitted the monthly contribution reports and contributions after the November 14, 2012 default date, but failed to pay the ERISA damages consisting of liquidated damages and attorney fees.

5. The Defendant owes liquidated damages on the unpaid ERISA contributions in the amount of $1,071.21 for the period March 2012 through October 2012 pursuant to the Collective Bargaining Agreements, the Trust Agreements and 29 U.S.C. § 1132(g)(2)(C)(ii). (Exhibit B)

6. The Defendant owes the sum of $3,026.75 for necessary and reasonable attorney fees and costs of $405.00 which are collectible under the terms of the Collective Bargaining Agreement, the Trust Agreements and 29 U.S.C. § 1132(g)(2)(D). (Exhibit B, affidavit of Daniel P. McAnally)

WHEREFORE, Plaintiffs pray that their motion for entry of judgment be granted in the amount of $4,502.96.

EXHIBIT LIST

EXHIBIT A

Order of Default

EXHIBIT B

Sworn Declaration Pursuant To 28 U.S.C.A. § 1746 Daniel P. McAnally, Plaintiffs Attorney

Exhibit A

Order of Default

WHEREAS, the Plaintiffs filed their Complaint on September 27, 2012 and the Defendant was personally served with copies of Summons and Complaint; and

WHEREAS, the Defendant has failed to answer or otherwise plead; and

NOW THEREFORE, upon application of the Plaintiffs and for good cause shown, a default is hereby entered against the Defendant in accordance with the prayer of the Complaint in the above styled action; and

IT IS HEREBY ORDERED that Defendant, GLASS MANAGEMENT SERVICES, INC., submit reports and contributions for the period June 2012 through the present, to the Plaintiffs within ten days. The Court will retain jurisdiction solely to enter a final judgment for the contributions and dues checkoff shown to be owed by way of an estimate or otherwise, including interest, liquidated damages and attorney fees pursuant to the trust agreements and ERISA Section 1132(g)(2).

Exhibit B

SWORN DECLARATION PURSUANT TO 28 U.S.C.A. § 1746

Daniel P. McAnally declares as follows:

1. I am an associate of the law firm of Whitfield McGann & Ketterman and am licensed to practice law in the State of Illinois and in the U.S. Dist. Court for Northern District of Illinois, Eastern Division.

2. I have personal knowledge of the facts stated herein and if called to testify in this matter, I can competently testify to such facts from my own such knowledge.

3. I have in excess of 19 years experience representing trustees of employee benefit plans, including the prosecution of Federal Court litigation to collect delinquent employer contributions.

4. The Defendant owes liquidated damages on the unpaid ERISA contributions in the amount of $1,071.21 for the period March 2012 through October 2012 pursuant to the Collective Bargaining Agreements, the Trust Agreements and 29 U.S.C. § 1132(g)(2)(C)(ii).

5. The Collective Bargaining Agreement and the Trust Agreements under which this action is based provide for the payment of attorneys' fees and costs incurred if the Trust Funds utilize legal counsel to collect unpaid ERISA contributions.

6. Attorneys of this firm have devoted 15.65 hours in connection with the this case at the rate of $175.00/$195.00 per hour. The total attorney fees billings is $3,026.75.

7. I have spoken with four other lawyers from four different labor law firms who practice this type of ERISA trust fund litigation. Based on my knowledge and experience, the rates charged by the hour in this case are less than or equal to the usual and customary rates charged by other law firms doing similar work in the United States District Court for the Northern District of Illinois.

8. In addition, the filing fee was $350.00 and the fees for service of process were an additional $55.00. These costs total $405.00.

8. I certify that the attorney fees and costs totaling $3,431.75 were necessary and reasonable.

I declare under penalty of perjury under the laws of the United States of America that the foregoing information contained in this Declaration is true and correct.