Trustees of the Chicago Regional Council of Carpenters Pension Fund et al v. Commercial Woodworker Installer, LLC

Filing 15

MOTION by Plaintiffs Trustees of the Chicago Regional Council of Carpenters Pension Fund, Chicago Regional Council of Carpenters Welfare Fund, Chicago Regional Council of Carpenters Apprentice & Trainee Program Fund for judgment and Reinstatement (Attachments: # 1 Exhibit A)(Lichtman, David)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION TRUSTEES of the CHICAGO REGIONAL COUNCIL OF CARPENTERS PENSION FUND, CHICAGO REGIONAL COUNCIL OF CARPENTERS WELFARE FUND, and CHICAGO REGIONAL COUNCIL OF CARPENTERS APPRENTICE & TRAINEE PROGRAM FUND Plaintiffs, v. COMMERCIAL WOODWORKER INSTALLER, LLC Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) )

CASE NO. 09CV141 JUDGE KOCORAS

MOTION FOR REINSTATEMENT AND FOR JUDGMENT Plaintiffs, by its attorney, David P. Lichtman, move this Honorable Court to reinstate this case and enter judgment and in support state: 1. 2. 3. This is an ERISA trust fund case for delinquent contributions. On March 30, 2009, this case was dismissed with leave to reinstate pursuant to the By the terms of the Agreed Order of Dismissal, Exhibit A, the Defendant was to

settlement of the parties. (Exhibit A, Agreed Order of Dismissal) pay $28,374.84 to the Plaintiffs in two installments on or by April 20, 2009. If the Defendant defaulted on the payments, the Plaintiffs retained the right to reinstate the case and enter judgment for the balance owed on the unpaid amount. (Exhibit A) 4. The Defendant has defaulted on the payment obligations set forth in the Agreed Order of Dismissal. The second and final payment was due on or before April 20, 2009. The Defendant failed to make the second payment of $14,187.42 on or by the due date of April 20, 2009, and as of the date of this motion has still not tendered said payment. 5. As a result of the Defendant's default, the Defendant owes to the Plaintiffs the sum of $14,187.42.

WHEREFORE, Plaintiffs pray that this case be reinstated and that judgment be entered against the Defendant in the amount of $14,187.42. Respectfully submitted, /s/ David P. Lichtman Attorney for the Plaintiffs David P. Lichtman Attorney No. 6290051 Whitfield McGann & Ketterman 111 E. Wacker Drive Suite 2600 Chicago, IL 60601 [phone] Fax [phone]