Central States, Southeast and Southwest Areas Pension Fund et al v. Vanguard Services, Inc. et al

Filing 6

MOTION by Plaintiffs Central States, Southeast and Southwest Areas Pension Fund, Central States, Southeast and Southwest Areas Helath and Welfare Fund, Howard McDougall for judgment Agreed Consent Judgment (Attachments: # 1 Exhibit A)(Franczyk, John)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND; and HOWARD McDOUGALL, Trustee; ) ) ) ) and ) ) CENTRAL STATES, SOUTHEAST AND ) SOUTHWEST AREAS HEALTH AND ) WELFARE FUND; and HOWARD ) McDOUGALL, Trustee; ) Plaintiffs, ) ) v. ) ) VANGUARD SERVICES, INC., an Indiana ) corporation; DRIVER'S, INC., an Ohio ) corporation; VANGUARD SOUTHEAST, ) INC., a South Carolina corporation; VMT ) VANGUARD COMPANIES, INC., an ) Indiana corporation; VANGUARD ) SERVICES (CANADA), INC., a Canadian ) corporation; VANGUARD OF DELAWARE, ) INC., a Delaware corporation; CROSSSTONE, ) LLC, an Indiana limited liability company; ) PINERIDGE INSURANCE COMPANY, INC., ) a Barbados corporation; V.O. FREIGHT ) SERVICES, INC, a Delaware corporation; ) ) Defendants. )

Case No. 09 C 4721 Judge George W. Lindberg Magistrate Judge Morton Denlow

AGREED MOTION FOR ENTRY OF CONSENT JUDGMENT Plaintiffs, Central States, Southeast and Southwest Areas Pension Fund, and Howard McDougall, one of its present trustees, and Plaintiffs Central States, Southeast and Southwest Areas Health and Welfare Fund, and Howard McDougall, one of its present

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trustees, hereby move this Court for entry of a consent judgment in favor of Plaintiffs and against Defendants on the terms as attached hereto as Exhibit A. In support of the Motion, Plaintiffs state as follows: 1. Plaintiffs filed this action on August 4, 2009, for collection of contributions

and withdrawal liability under the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), 29 U.S.C. §1001 et seq. This Court has jurisdiction over this action under sections 502(e), 502(f), and 4301(c) of ERISA, 29 U.S.C. §§ 1132(e), 1132(f) and 1451(c). 2. Plaintiffs and Defendants have agreed to the entry of a consent judgment on

the terms attached hereto as Exhibit A. 3. Defendants, by and through their counsel, Jon E. Klinghoffer, have agreed to

the granting of this Motion. WHEREFORE, Plaintiffs request that the Court grant this Motion and enter the Consent Judgment attached hereto as Exhibit A. Respectfully submitted,

/s/ John J. Franczyk, Jr. John J. Franczyk, Jr. (ARDC #06224947) Attorney for Plaintiffs CENTRAL STATES FUNDS Law Department 9377 W. Higgins Road, 10th Floor Rosemont, IL 60018 [phone], Ext. 3464 [e-mail] August 6, 2009

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CERTIFICATE OF SERVICE I, John J. Franczyk, Jr., one of the attorneys for Plaintiffs, certify that on the 6th day of August, 2009, I caused the foregoing Agreed Motion for Entry of Consent Judgment to be filed electronically. This filing was served on all parties indicated on the electronic filing receipt via the Court's electronic filing system.

/s/ John J. Franczyk, Jr. John J. Franczyk, Jr. One of Plaintiffs' Attorneys

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