Painters District Council #58 401(k) Trust Fund et al v. Harmony Glass, Inc.

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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
PAINTERS DISTRICT COUNCIL
#58 401(k) TRUST FUND, et al.,
Plaintiffs,
v.
HARMONY GLASS, INC.,
Defendant.
Case No. 23-CV-00183-SPM
DEFAULT JUDGMENT
This civil case arises under the Employee Retirement Income Security Act of
1974, 29 U.S.C. §§ 1002–1193c (“ERISA”). Plaintiffs Painters District Council #58
401(k) Trust Fund, Painters District Council #58, and the Illinois State Painters
Health & Welfare Fund filed their Complaint against Defendant Harmony Glass,
Inc., alleging that Defendant failed to make contractually required deductions from
employee wages and remit those amounts to the Plaintiffs. (Doc. 1). After Defendant
was served but failed to respond, Plaintiffs sought and obtained an entry of default
from the Clerk of Court on August 24, 2023. (Docs. 8, 9). Subsequently, the
International Painters and Allied Trades Industry Pension Fund moved to intervene,
which the Court granted. (Docs. 13, 14).
On November 15, 2024, all Plaintiffs, including the Intervenor Plaintiff, moved
the Court for a Default Judgment (Doc. 17). On December 11, 2025, the Court granted
the 	motion 	in 	part, 	concluding 	that 	that 	Defendant 	failed 	to 	make 	monthly
contributions as required by the labor agreement. (See Doc. 17). The Court granted
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leave for the Plaintiffs to petition the Court for entry of Final Judgment in Sum
Certain once “a sum certain is submitted for all contributions, payroll deductions,
liquidated damages, interest, and audit fees owed.” (Id.). Currently before the Court
is Plaintiffs Motion for Final Default Judgment. (Doc. 29). For the reasons below, the
Plaintiffs’ Motion is GRANTED and Default Judgment is hereby ENTERED.
There are two stages to default. First, the Clerk of Court must enter a party’s
default “[w]hen a party against whom a judgment for affirmative relief has failed to
plead or otherwise defend, and that failure is shown by affidavit or otherwise.” F ED.
R. CIV. P. 55. Then, the Court may enter a default judgment for the amount due. Id.
As noted supra, the Clerk of Court entered Defendant’s default on August 24, 2023.
(See Doc. 9). Plaintiffs have provided evidence showing that Defendant failed to make
monthly contributions as required by the labor agreement and has provided damages
of a sum certain. (See Doc. 29, Exs. A–K). It is therefore appropriate for the Court to
enter a default judgment.
Accordingly, IT IS HEREBY ORDERED AND ADJUDGED that Plaintiffs
have a judgment against Defendant Harmony Glass, Inc. in the total amount of
$40,236.07, consisting of $19,666.11 in audit liability to Illinois State Painters
Welfare Fund and Painters District Council #58 Fringe Benefit Funds; $4,685.54 in
Working Dues to Painters District Council #58; $4,870.33 in Liquidated Damages to
Illinois State Painters Welfare Fund and Painters District Council #58 Fringe Benefit
Funds; $1,252.77 in audit costs to Plaintiff Illinois State Painters Welfare Fund;
$1,252.78 in audit costs to Painters District Council #58 Fringe Benefit Funds;
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$1,599.451 in audit costs to International Painters and Allied Trades Industry
Pension Fund; $1,853.94 in attorneys’ fees and costs to Illinois State Painters Welfare
Fund; $1,970.94 in attorneys’ fees and costs to Painters District Council #58 Fringe
Benefit Funds; and $3,084.21 in attorneys’ fees to International Painters and Allied
Trades Industry Pension Fund.
Additionally, because the Plaintiffs have submitted the requisite information
necessary to ascertain a sum certain, the Court’s previous Order (Doc. 19) granting
in part Plaintiffs’ Motion for Default Judgment is hereby VACATED.
IT IS SO ORDERED.
DATED: February 25, 2026
s/ Stephen P. McGlynn
STEPHEN P. McGLYNN
U.S. District Judge
1 The Court notes that Plaintiffs requested two identical judgments for “audit costs” to the
International Painters and Allied Trades Industry Pension Fund in the amount of $1,599.45. (Doc. 29,
p. 5). Because the supporting documentation only identifies one sent of audit costs to the International
Painters and Allied Trades Industry Pension Fund, (see Doc. 29, Exs. E, H), the Court assumes this
duplicate request is a mere scrivener’s error.
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