Sullivan et al v. Grand Plumbing, Inc.

Filing 8

MOTION by Plaintiffs Chicago Journeymen Plumbers' Local Union 130, U.A., Chicago Journeymen Plumbers' Local Union 130, U.A., Group Legal Services Plan Fund, Plumbers' Pension Fund, Local 130, U.A., Plumbers' Welfare Fund, Local 130, U.A., Plumbing Council of Chicagoland, The, James T. Sullivan, Trust Fund for Apprentice and Journeymen Education and Training, Local 130, U.A., The for judgment (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Loseman, John)

1-27-10JWL145303-3

65100-1323LIT5024

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION JAMES T. SULLIVAN, not individually but as Trustee of ) PLUMBERS' PENSION FUND, LOCAL 130, U.A., etc., ) et al., ) ) Plaintiffs, ) ) v. ) ) GRAND PLUMBING, INC., ) ) Defendant. )

No. 09 C 7960 Judge John A. Nordberg Magistrate Judge Morton Denlow

PLAINTIFFS' MOTION FOR JUDGMENT Plaintiffs, James T. Sullivan, not individually, but as Trustee of Plumbers' Pension Fund, Local 130, U.A., etc., et al. ("Funds"), by their attorneys, John W. Loseman, Douglas A. Lindsay, and Brian T. Bedinghaus, with LEWIS, OVERBECK & FURMAN, LLP of counsel, move the Court to enter Judgment in favor of Funds and against Defendant, Grand Plumbing, Inc. ("Grand"). In support hereof, Funds state: 1. Funds filed this action on December 23, 2009, to enforce against Grand a labor

arbitration award issued by the Joint Arbitration Board under a collective bargaining agreement, ERISA, 29 U.S.C. §§1132 and 1145, and LMRA, 29 U.S.C. §185, and to recover the amount set forth in the Award along with interest, double interest, and reasonable attorneys' fees and costs. Complaint, Docket No. 1. 2. Grand was served with process on January 4, 2010. Return of Service, Docket

No. 5. For the Court's convenience, a true and correct copy of the Return of Service is attached as Exhibit A.

3.

Pursuant to F.R.Civ.P. 12(a)(1), Grand was required to answer the Complaint by

January 25, 2010. 4. As of the date of filing of this Motion, Grand neither has appeared in this case nor has answered or otherwise responded to the Complaint. 5. 6. Grand is in default. Grand owes the following:

JAB Decision and Award attached as Exhibit B to Complaint, per Collective Bargaining Agreement and ERISA, 29 U.S.C. §1132(g)(2)(A) and (B) and LMRA, 29 U.S.C. §185 Additional interest for period 7/6/09 through 1/27/10 at $1,623.89/mo. per Decision and Award and 29 U.S.C. §1132(g)(2)(B) and 29 U.S.C. §185 ERISA double interest through 1/27/10 including accrued ($17,469.41) and additional (($11,367.23) interest per 29 U.S.C. §1132(g)(2)(C) Attorneys' fees and costs as set forth in Affidavit of John W. Loseman attached as Exhibit B per Decision and Award, 29 U.S.C. §1132(g)(2)(D), and 29 U.S.C. §185 Total:

159,389.48

11,367.23

28,836.64

3,910.68 $203,504.03

-2-

WHEREFORE, Plaintiffs, James T. Sullivan, not individually but as a Trustee of Plumbers' Pension Fund, Local 130, U.A., etc., et al., request that the Court enter judgment in favor of Plaintiffs and against Defendant, Grand Plumbing, Inc., in the amount of $203,504.03. James T. Sullivan, not individually but as a Trustee of Plumbers' Pension Fund, Local 130, U.A., etc., et al., by their attorneys, John W. Loseman, Douglas A. Lindsay, and Brian T. Bedinghaus By: /s/ John W. Loseman John W. Loseman 20 N. Clark Street, Suite 3200 Chicago, IL 60602-5093 312.580.1258 Of Counsel: LEWIS, OVERBECK & FURMAN, LLP 20 N. Clark Street, Suite 3200 Chicago, IL 60602-5093 312.580.1200

CERTIFICATE OF SERVICE John W. Loseman, an attorney, certifies that he caused a copy of the foregoing Plaintiffs' Motion for Judgment to be served on the following person(s): Grand Plumbing, Inc. c/o R&S Legal Services, Inc., Registered Agent 200 W. Madison Street Suite 2100 Chicago, IL 60606 by causing a true and correct copy thereof to be sealed in an envelope addressed as aforesaid, with proper first class postage prepaid, and deposited with the U.S. Postal Service at 20 N. Clark Street, Chicago, IL this 27th day of January, 2010. /s/ John W. Loseman

-3-