Laborers' Pension Fund et al v. Martin Precast Services, Inc.

Filing 33

MOTION by Plaintiff Laborers' Pension Fund to reopen case , MOTION by Plaintiff Laborers' Pension Fund for judgment (Wallace, Patrick)

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.
MARTIN PRECAST SERVICES, INC., f/k/a
STERLING GROUTING CO., an Illinois
corporation,
Defendant.

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Case No.: 11-cv-2132
Judge St. Eve

MOTION TO REINSTATE AND CONFESS JUDGMENT
NOW COME Plaintiffs 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 (collectively
“Funds”), by and through their attorney Patrick T. Wallace, and hereby move this Court to
reinstate the case and order Defendant Martin Precast Services, Inc., f/k/a Sterling Grouting Co.
(“Martin Precast”) to comply with the outstanding Settlement Agreement. In support of this
Motion, Plaintiffs state as follows:
1.

This matter was dismissed on September 19, 2012 without prejudice and with

leave to reinstate on or before December 31, 2012 pursuant to the terms of a Settlement
Agreement and Stipulation to Dismiss filed by the parties. Defendant has complied with all
terms of the Settlement Agreement except that the Company has not obtained and maintained a

surety bond in accordance with the terms of the collective bargaining agreement as required
under Paragraph 2 of the Settlement Agreement and Stipulation to Dismiss.
2.

The Company does have a Contract for Cash Bond but needs to fund the

remaining balance of $2,500.00 on the Contract for Cash Bond.
3.

Accordingly, Plaintiffs respectfully request that the matter be reinstated and that

Defendant Martin Precast be order to pay the sum of $2,500.00 representing the balance due on
the Contract for Cash Bond.
WHEREFORE, Plaintiffs respectfully request that the matter be reinstated and that
Defendant Martin Precast be order to pay the sum of $2,500.00 representing the balance due on
the Contract for Cash Bond.
Respectfully submitted,
December 18, 2012

Laborers’ Pension Fund, et al.
By: /s/ Patrick T. Wallace

Office of Fund Counsel
111 W. Jackson Blvd., Suite 1415
Chicago, IL 60604
[phone]

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CERTIFICATE OF SERVICE

The undersigned certifies that he caused a copy of the foregoing Motion to Reinstate and
Confess Judgment to be served upon the following persons via the Court’s electronic notification
system this 18th day of December 2012.

Todd A. Miller
Kathleen M. Cahill.
Allocco, Miller & Cahill, P.C.
3409 N. Paulina
Chicago, IL 60657

/s/ Patrick T. Wallace

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