Laborers' Pension Fund et al v. Alpine Asphalt Paving, Inc.

Filing 25

SECOND MOTION by Plaintiffs James S. Jorgensen, Laborers' Pension Fund, Laborers' Welfare Fund of the Health and Welfare Department of the Construction and General Laborers' District Council of Chicago and Vicinity To Reinstate and For Damages Consistent with the Parties' Settlement Agreement (Attachments: # 1 Exhibit 1 - Order of December 19, 2007, # 2 Exhibit 2 - Settlement Agreement, # 3 Exhibit 3 - Affidavit of Rocco Marcello, # 4 Exhibit 4 - Affidavit of Wesley Kennedy, # 5 Text of Proposed Order)(Groff, Josiah) Modified on 3/2/2009 (ca, ).

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION LABORERS' PENSION FUND and LABORERS' WELFARE FUND of the HEALTH AND WELFARE DEPARTMENT of the CONSTRUCTION AND GENERAL LABORERS' DISTRICT COUNCIL OF CHICAGO AND VICINITY, and JAMES S. JORGENSEN, Administrator of the Funds, Plaintiffs, v. ALPINE ASPHALT PAVING, INC., Defendant. ) ) ) ) ) ) ) ) Case No. 07 C 4464 ) ) ) Judge Shadur ) ) ) )

JUDGMENT ORDER This cause coming before the Court on the Plaintiffs' Second Motion to Reinstate this Cause and for Damages Consistent with the Parties' Settlement Agreement, due notice having been given to the defendant Alpine Asphalt Paving, Inc. IT IS HEREBY ORDERED: 1. This Court reinstates this cause and consistent with the Settlement Agreement amends

the complaint adding defendant, Roger Groanson. 2. Judgment is entered on behalf of the Laborers' Pension Fund, et al, and against

Alpine Asphalt Paving, Inc., and Roger Groanson, for a total amount of $18,632.90, which is consistent with the parties' Settlement Agreement and includes attorneys' fees to enforce the Settlement Agreement, less amounts paid to the Funds.

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3.

Alpine Asphalt Paving, Inc., and defendant Roger Groanson are obligated by the

collective bargaining agreement, the Trust Agreements, and rules and regulations promulgated thereto, to report and pay contributions based on hours worked by covered employees to the Laborers' Funds by the 10th day of month following the month in which the work has been performed. 4. As required by the parties' collective bargaining agreement, all employers are

required to procure, carry and maintain a surety bond in an amount that is satisfactory to the Union. This bond is required to guarantee the payment of wages, Pension and Welfare Trust contributions during the term of the Agreement. Within 60 days of the date of this judgment order, Defendants must provide written proof that it has obtained such a surety bond to plaintiffs' counsel, Josiah A. Groff, Esq., Allison, Slutsky & Kennedy, P.C. , 230 W. Monroe Street, Suite 2600, Chicago, IL 60606. ENTERED

U.S. DISTRICT COURT DATE

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