Masonry Institute et al v. G & C Construction & Sealants, Inc.

Filing 26

MOTION by Plaintiffs Bricklayers Local 21 Pension Fund, Bricklayers and Stone Masons of Illinois District Council No. 1 B.A.C. Annuity Trust Fund, District Council Training Center Fund, Masonry Institute for judgment entry, MOTION by Plaint iffs Bricklayers Local 21 Pension Fund, Bricklayers and Stone Masons of Illinois District Council No. 1 B.A.C. Annuity Trust Fund, District Council Training Center Fund, Masonry Institute to reopen case , MOTION by Plaintiffs Bricklayers Loc al 21 Pension Fund, Bricklayers and Stone Masons of Illinois District Council No. 1 B.A.C. Annuity Trust Fund, District Council Training Center Fund, Masonry Institute to vacate Order of Dismissal. (Attachments: # 1 Exhibit A, Order of Dismissal, # 2 Exhibit B, Settlement Agreement)(Greenberg, Robert)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

MASONRY INSTITUTE, BRICKLAYERS
LOCAL 21 PENSION FUND, BRICKLAYERS
LOCAL 21 OF ILLINOIS APPRENTICESHIP
AND TRAINING PROGRAM, AND BRICKLAYERS AND STONE MASONS OF ILLINOIS DISTRICT COUNCIL NO. 1 B.A.C.
ANNUITY TRUST FUND,
Plaintiffs,
v.
G & C CONSTRUCTION & SEALANTS,
INC., an Illinois Corp.,
Defendant.

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

No. 1:10CV2594
Judge Gottschall
Mag. Judge Denlow

MOTION TO VACATE ORDER OF DISMISSAL, TO REINSTATE ACTION,
AND FOR ENTRY OF JUDGMENT
NOW COME the Plaintiffs and moves this Honorable Court to vacate Order of
Dismissal entered on February 25, 2011, a copy of which is attached hereto as Plaintiffs'
Exhibit "A", and to reinstate Plaintiffs' cause of action instanter, and for entry of judgment
against the Defendant.
In support of Plaintiffs' Motion, Plaintiffs state as follows:
1)

That pursuant to Settlement Agreement and Agreed Order of Dismissal,

executed by the parties on February 21, 2011, a copy of which is attached hereto as
Plaintiffs’ Exhibit “B”, the parties agreed to a dismissal of the pending action.

2)

That notwithstanding the provisions of the Settlement Agreement,

specifically paragraph 1 thereof, the Defendant has only remitted payments totaling
$39,100.00, when payments in the amount of $67,681.75 were due.
WHEREFORE, in accordance with the provisions of the Agreed Order of Dismissal,
Exhibit “A”, Plaintiffs pray that the Order of Dismissal be vacated instanter, Plaintiffs’
cause of action be reinstated, and that judgment enter in favor of Plaintiffs and against the
Defendant in the amount of $28,581.75, as and for the outstanding delinquencies and
accrued interest calculated pursuant to the Judgment Order, which amount does not
include current delinquencies claimed due, if any.
That Plaintiffs also pray that judgment enter for Plaintiffs’ Attorneys’ fees and costs
incurred as a result of the Defendant’s non-compliance with the provisions of the parties’
Settlement Agreement.

/s/ Robert B. Greenberg
Asher, Gittler & D'Alba, Ltd.
200 West Jackson Boulevard, Suite 1900
Chicago, Illinois 60606
[phone]
Fax: [phone]
[e-mail]
IL ARDC#: 01047558

Dated: July 2, 2013