Hancock et al vs. J & F Hauling, Inc.

Filing 54

MOTION by Plaintiffs Joseph Benson, Dale Bolt, William H. Collins, Terrance J Hancock, Health and Welfare Fund of the Excavating, Grading and Asphalt Craft Local No. 731, John J. Lisner, Local 731, I.B. of T., Excavators and Pavers Pension Trust Fund , David M. Snelten for judgment, MOTION by Plaintiffs Joseph Benson, Dale Bolt, William H. Collins, Terrance J Hancock, Health and Welfare Fund of the Excavating, Grading and Asphalt Craft Local No. 731, John J. Lisner, Local 731, I.B. of T., Excavators and Pavers Pension Trust Fund, David M. Snelten to reopen case (Attachments: # 1 Exhibit Revised Consent Decree)(Dunitz-Geiringer, Jennifer)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION TERRENCE J. HANCOCK, et al., Plaintiffs, vs. J & F HAULING, INC., an Illinois corporation, Defendant. ) ) ) ) ) ) ) ) ) )

CIVIL ACTION NO. 07 C 2520 JUDGE WAYNE R. ANDERSEN

PLAINTIFFS' MOTION TO REOPEN CASE FOR THE LIMITED PURPOSE OF ENFORCING THE TERMS OF A REVISED CONSENT DECREE AND ENTERING JUDGMENT AGAINST DEFENDANT NOW COME Plaintiffs, TERRENCE J. HANCOCK, et al., by their attorneys, and move the Court for the entry of an order reopening this action for the limited purpose of enforcing the terms of a Revised Consent Decree entered into between the parties and entered by this Court on January 29, 2010. In support of the Motion, Plaintiffs state as follows: 1. This action was originally brought by the Plaintiffs, the Trustees of the jointly-

administered, labor-management employee benefit plans collectively known as the Teamsters Local 731 Fringe Benefit Funds, alleging, inter alia, that Defendant breached its obligations under the terms of the collective bargaining agreements entered into with Teamsters Local 731, and the Agreements and Declarations of Trust under which the Plaintiff Funds are maintained. Specifically, Plaintiffs allege that Defendant failed to remit payment of contributions for work performed on its behalf by beneficiaries of the Plaintiff Funds. The Complaint was brought pursuant to the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. §§1132, 1145.

2.

On January 19, 2010, a revised Consent Decree incorporating the terms for settlement

agreed to by the parties was entered by this Court (a copy of the Minute Order and Revised Consent Decree is attached hereto). 3. Defendant acknowledged that it owed the total amount of $28,326.00 for the audit

time period January 1, 2004 through March 31, 2007, described in Paragraph 4 of the Revised Consent Decree, after application of contribution payments and deletion of certain amounts picked up in the audit on behalf of Jay Butler, which represented landfill charges and sums paid for dumping fees. 4. Defendant also agreed to remain current with respect to the submission of monthly

contribution reports and the payment of fringe benefit contributions that accrue through the period of the payment schedule (set forth in Paragraph 5 of the Revised Consent Decree) should Defendant begin to do covered work. 5. Defendant agreed to make payment to Plaintiffs of the amount specified in Paragraph

3, being $28,326.00, by way of the Payment Schedule below: Month January 15, 2010 February 15, 2010 March 15, 2010 April 15, 2010 May 15, 2010 June 15, 2010 July 15, 2010 August 15, 2010 Payment Amount (*see below) $500.00 + interest $500.00 + interest $500.00 + interest $500.00 + interest $500.00 + interest $500.00 + interest $500.00 + interest $500.00 + interest

2

September 15, 2010 October 15, 2010 November 15, 2010 December 15, 2010 January 15, 2011 February 15, 2011 March 15, 2011 April 15, 2011 May 15, 2011 June 15, 2011 July 15, 2011 August 15, 2011 September 15, 2011 October 15, 2011 November 15, 2011 December 15, 2011 January 15, 2012 February 15, 2012 March 15, 2012 April 15, 2012 May 15, 2012 June 15, 2012 July 15, 2012 August 15, 2012 September 15, 2012 October 15, 2012

$500.00 + interest $500.00 + interest $500.00 + interest $500.00 + interest $500.00 + interest $500.00 + interest $500.00 + interest $500.00 + interest $500.00 + interest $500.00 + interest $500.00 + interest $500.00 + interest $500.00 + interest $500.00 + interest $500.00 + interest $500.00 + interest $500.00 + interest $500.00 + interest $500.00 + interest $500.00 + interest $500.00 + interest $500.00 + interest $500.00 + interest $500.00 + interest $500.00 + interest $500.00 + interest

3

November 15, 2012 December 15, 2012 January 15, 2013 February 15, 2013 March 15, 2013 April 15, 2013 May 15, 2013 June 15, 2013 July 15, 2013 August 15, 2013 September 15, 2013 October 15, 2013 November 15, 2013 December 15, 2013 January 15, 2014 February 15, 2014 March 15, 2014 April 15, 2014 May 15, 2014 June 15, 2014 July 15, 2014 August 15, 2014 September 15, 2014 TOTAL

$500.00 + interest $500.00 + interest $500.00 + interest $500.00 + interest $500.00 + interest $500.00 + interest $500.00 + interest $500.00 + interest $500.00 + interest $500.00 + interest $500.00 + interest $500.00 + interest $500.00 + interest $500.00 + interest $500.00 + interest $500.00 + interest $500.00 + interest $500.00 + interest $500.00 + interest $500.00 + interest $500.00 + interest $500.00 + interest $326.00 + interest $28,326.00 + interest

* Payments will include accrued interest at the rate of prime +2%. Prime shall be determined at the time of payment. 4

6.

The Revised Consent Decree provides that Defendant fails to timely submit payments

as agreed or fails to submit current reports and contributions as they may become due during the pendency of the Payment Schedule, Defendant agrees that it shall be considered in violation of the Revised Consent Decree. In such event, Defendant consents to the entry of judgment against it for all unpaid installments due under the Revised Consent Decree, all contributions that may be due according to subsequently submitted reports and all Plaintiffs' reasonable attorneys' fees and court costs incurred. 7. As long as Defendant is in compliance with the payments outlined in Paragraph 5 of

the Revised Consent Decree, it may satisfy the judgment in full by paying one-half (1/2) of the thencurrent balance (including interest) owed. 8. Defendant has not submitted any installment payments due pursuant to the terms of

the Revised Consent Decree, the first payment of $500.00 plus interest being due on January 15, 2010, as described in Paragraph 5 above. 9. For all the reasons stated, the Plaintiffs hereby move the Court for the entry of an

Order reopening this action for the limited purpose of enforcing the terms of the Revised Consent Decree and entering judgment against the Defendant. Specifically, Plaintiffs request: A. That judgment be entered in favor of Plaintiffs and against Defendant to include the amount of $28,326.00, being the total amount due for the audit time period January 1, 2004 through March 31, 2007. That judgment be entered in favor of Plaintiffs and against Defendant to include $13,396.25 in attorneys' fees and costs, including one (1) additional hour of attorneys' fees to appear for the hearing on the instant motion to reopen case and enter judgment. That Plaintiffs have such further relief as may be deemed just and equitable by the Court. /s/ Jennifer L. Dunitz-Geiringer 5

B.

C.

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: [phone] Facsimile: [phone] E-Mail: [e-mail]
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6

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 8th day of February 2010: Mr. James Fergelec, President J & F Hauling, Inc. 7753 W. 47th Street McCook, IL 60525

/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: [phone] Facsimile: [phone] E-Mail: [e-mail]
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