Anderson et al v. Savage Decorating, Inc. et al

Filing 71

MOTION by Plaintiffs Charles E. Anderson, International Union of Painters and Allied Trades, AFL-CIO, a labor organization, Northern Illinois Painting and Drywall Institute, Painters' District Council No. 30, Painters' District Council No. 30 Health and Welfare Fund, Painters' District Council No. 30 Pension Fund, Painters' and Allied Trades District Council No. 30 Joint Apprenticeship and Training Fund, Rick Vandegraft for judgment (Attachments: # 1 Exhibit 1 - Docket Report)(Huffman-Gottschling, David)

EXHIBIT 1

Case: 1:11-cv-03474 As of: 11/18/2013 01:08 PM CST 1 of 9
KEYS

United States District Court
Northern District of Illinois − CM/ECF LIVE, Ver 5.1.1 (Chicago)
CIVIL DOCKET FOR CASE #: 1:11−cv−03474
Anderson et al v. Savage Decorating, Inc. et al
Assigned to: Honorable Arlander Keys
Cause: 29:1132 E.R.I.S.A.−Employee Benefits

Date Filed: 05/24/2011
Jury Demand: None
Nature of Suit: 791 Labor: E.R.I.S.A.
Jurisdiction: Federal Question

Plaintiff
Charles E. Anderson

represented by David George Huffman−Gottschling
Jacobs, Burns, Orlove &Hernandez
150 N. Michigan Ave.
Suite 1000
Chicago, IL 60601
(312) 327−3443
Fax: 312−580−7175
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
M. Garrett Hohimer
2733 N Francisco Ave
Unit 2
Chicago, IL 60647
773−551−4912
Email: [e-mail]
TERMINATED: 08/29/2013
Marisel A Hernandez
Jacobs, Burns, Orlove &Hernandez
122 S Michigan Avenue
Suite 1720
Chicago, IL 60601
(312) 327−3447
Email: [e-mail]
ATTORNEY TO BE NOTICED

Plaintiff
Painters' District Council No. 30
Pension Fund

represented by M. Garrett Hohimer
(See above for address)
TERMINATED: 08/29/2013
Marisel A Hernandez
Jacobs, Burns, Orlove &Hernandez
122 South Michigan Avenue
Suite 1720
Chicago, IL 60603−2002
(312) 372−1646
Email: [e-mail]
ATTORNEY TO BE NOTICED
David George Huffman−Gottschling
Jacobs, Burns, Orlove &Hernandez
122 South Michigan Avenue
Suite 1720
Chicago, IL 60603−6145
(312) 327−3443
Fax: 312−580−7175
Email: [e-mail]
ATTORNEY TO BE NOTICED

Case: 1:11-cv-03474 As of: 11/18/2013 01:08 PM CST 2 of 9
Plaintiff
Painters' District Council No. 30 Health
and Welfare Fund

represented by M. Garrett Hohimer
(See above for address)
TERMINATED: 08/29/2013
Marisel A Hernandez
(See above for address)
ATTORNEY TO BE NOTICED
David George Huffman−Gottschling
(See above for address)
ATTORNEY TO BE NOTICED

Plaintiff
Painters' and Allied Trades District
Council No. 30 Joint Apprenticeship
and Training Fund

represented by M. Garrett Hohimer
(See above for address)
TERMINATED: 08/29/2013
Marisel A Hernandez
(See above for address)
ATTORNEY TO BE NOTICED
David George Huffman−Gottschling
(See above for address)
ATTORNEY TO BE NOTICED

Plaintiff
Rick Vandegraft

represented by M. Garrett Hohimer
(See above for address)
TERMINATED: 08/29/2013
Marisel A Hernandez
(See above for address)
ATTORNEY TO BE NOTICED
David George Huffman−Gottschling
(See above for address)
ATTORNEY TO BE NOTICED

Plaintiff
Northern Illinois Painting and Drywall
Institute

represented by M. Garrett Hohimer
(See above for address)
TERMINATED: 08/29/2013
Marisel A Hernandez
(See above for address)
ATTORNEY TO BE NOTICED
David George Huffman−Gottschling
(See above for address)
ATTORNEY TO BE NOTICED

Plaintiff
Painters' District Council No. 30

represented by M. Garrett Hohimer
(See above for address)
TERMINATED: 08/29/2013
Marisel A Hernandez
(See above for address)
ATTORNEY TO BE NOTICED

Case: 1:11-cv-03474 As of: 11/18/2013 01:08 PM CST 3 of 9
David George Huffman−Gottschling
(See above for address)
ATTORNEY TO BE NOTICED
Plaintiff
International Union of Painters and
Allied Trades, AFL−CIO, a labor
organization

represented by M. Garrett Hohimer
(See above for address)
TERMINATED: 08/29/2013
Marisel A Hernandez
(See above for address)
ATTORNEY TO BE NOTICED
David George Huffman−Gottschling
(See above for address)
ATTORNEY TO BE NOTICED

V.
Defendant
Savage Decorating, Inc.

represented by James A. Karamanis
Barney &Karamanis, LLP
180 N. Stetson Ave.
Suite 3050
Two Prudential Plaza
Chicago, IL 60601
312−553−5300
Fax: 312−856−9905
Email: [e-mail]
ATTORNEY TO BE NOTICED
Joshua S. Barney
J.S. Barney and Associates, Ltd.
323 West Main Street
Barrington, IL 60010
(847) 382−2221
Email: [e-mail]
ATTORNEY TO BE NOTICED

Defendant
Walter Glowicki
Defendant
Robert Allen
Date Filed

#

Docket Text

05/24/2011

1 COMPLAINT filed by Northern Illinois Painting and Drywall Institute, Painters'
District Council No. 30 Health and Welfare Fund, Painters' District Council No.
30, Painters' District Council No. 30 Pension Fund, International Union of Painters
and Allied Trades, AFL−CIO, a labor organization, Charles E. Anderson, Painters'
and Allied Trades District Council No. 30 Joint Apprenticeship and Training Fund,
Rick Vandegraft; Filing fee $ 350, receipt number
0752−6031538.(Huffman−Gottschling, David) (Entered: 05/24/2011)

05/24/2011

2 CIVIL Cover Sheet (Huffman−Gottschling, David) (Entered: 05/24/2011)

05/24/2011

3 ATTORNEY Appearance for Plaintiffs Charles E. Anderson, International Union
of Painters and Allied Trades, AFL−CIO, a labor organization, Northern Illinois
Painting and Drywall Institute, Painters' District Council No. 30, Painters' District
Council No. 30 Health and Welfare Fund, Painters' District Council No. 30 Pension

Case: 1:11-cv-03474 As of: 11/18/2013 01:08 PM CST 4 of 9
Fund, Painters' and Allied Trades District Council No. 30 Joint Apprenticeship and
Training Fund, Rick Vandegraft by David George Huffman−Gottschling
(Huffman−Gottschling, David) (Entered: 05/24/2011)
05/24/2011

4 ATTORNEY Appearance for Plaintiffs Charles E. Anderson, International Union
of Painters and Allied Trades, AFL−CIO, a labor organization, Northern Illinois
Painting and Drywall Institute, Painters' District Council No. 30, Painters' District
Council No. 30 Health and Welfare Fund, Painters' District Council No. 30 Pension
Fund, Painters' and Allied Trades District Council No. 30 Joint Apprenticeship and
Training Fund, Rick Vandegraft by Marisel A Hernandez (Hernandez, Marisel)
(Entered: 05/24/2011)

05/24/2011

5 ATTORNEY Appearance for Plaintiffs Charles E. Anderson, International Union
of Painters and Allied Trades, AFL−CIO, a labor organization, Northern Illinois
Painting and Drywall Institute, Painters' District Council No. 30, Painters' District
Council No. 30 Health and Welfare Fund, Painters' District Council No. 30 Pension
Fund, Painters' and Allied Trades District Council No. 30 Joint Apprenticeship and
Training Fund, Rick Vandegraft by M. Garrett Hohimer (Hohimer, M.) (Entered:
05/24/2011)

05/24/2011

CASE ASSIGNED to the Honorable Blanche M. Manning. Designated as
Magistrate Judge the Honorable Arlander Keys. (jn, ) (Entered: 05/24/2011)

05/24/2011

6 SUMMONS Issued as to Defendant Savage Decorating, Inc. (psm, ) (Entered:
05/25/2011)

06/03/2011

7 SUMMONS Returned Executed by Northern Illinois Painting and Drywall
Institute, Painters' District Council No. 30 Health and Welfare Fund, Painters'
District Council No. 30, Painters' District Council No. 30 Pension Fund,
International Union of Painters and Allied Trades, AFL−CIO, a labor organization,
Charles E. Anderson, Painters' and Allied Trades District Council No. 30 Joint
Apprenticeship and Training Fund, Rick Vandegraft as to Savage Decorating, Inc.
on 5/30/2011, answer due 6/20/2011. (Huffman−Gottschling, David) (Entered:
06/03/2011)

06/03/2011

8 SUMMONS Returned Executed by Northern Illinois Painting and Drywall
Institute, Painters' District Council No. 30 Health and Welfare Fund, Painters'
District Council No. 30, Painters' District Council No. 30 Pension Fund,
International Union of Painters and Allied Trades, AFL−CIO, a labor organization,
Charles E. Anderson, Painters' and Allied Trades District Council No. 30 Joint
Apprenticeship and Training Fund, Rick Vandegraft as to Walter Glowicki on
5/30/2011, answer due 6/20/2011. (Huffman−Gottschling, David) (Entered:
06/03/2011)

06/24/2011

9 MINUTE entry before Honorable Blanche M. Manning: Status hearing set for
8/23/2011 at 11:00 AM. Plaintiff's counsel should be prepared to advise the court
regarding the progress of efforts to serve the defendants. Plaintiff is directed to
advise the defendant(s) [as appropriate] of the status hearing forthwith. The parties
are directed to discuss settlement, whether they consent to proceed before the
Magistrate Judge, and file a proposed discovery plan by 8/17/2011.Mailed notice
(jms, ) (Entered: 06/24/2011)

08/16/2011

10 MOTION by Plaintiffs Charles E. Anderson, International Union of Painters and
Allied Trades, AFL−CIO, a labor organization, Northern Illinois Painting and
Drywall Institute, Painters' District Council No. 30, Painters' District Council No.
30 Health and Welfare Fund, Painters' District Council No. 30 Pension Fund,
Painters' and Allied Trades District Council No. 30 Joint Apprenticeship and
Training Fund, Rick Vandegraft for entry of default (Huffman−Gottschling, David)
(Entered: 08/16/2011)

08/16/2011

11 NOTICE of Motion by David George Huffman−Gottschling for presentment of
motion for entry of default, 10 before Honorable Blanche M. Manning on
8/23/2011 at 11:00 AM. (Huffman−Gottschling, David) (Entered: 08/16/2011)

08/23/2011

12 ATTORNEY Appearance for Defendant Savage Decorating, Inc. by Joshua S.
Barney (Barney, Joshua) (Entered: 08/23/2011)

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08/23/2011

13 MINUTE entry before Honorable Blanche M. Manning: Motion hearing held on
8/23/2011. Plaintiffs' motion for entry of default 10 is moot. Defendant shall
answer or otherwise plead by 9/13/2011. Prior to the next hearing, parties shall file
their joint status report, including a proposed discovery scheduling plan. Status
hearing held on 8/23/2011. Contrary to the date given in open court, the next status
hearing set for 9/22/2011 at 11:00 AM.Mailed notice (rth, ) (Entered: 08/30/2011)

09/07/2011

14 MINUTE entry before Honorable Blanche M. Manning: At plaintiffs' request,
status hearing set for 9/22/2011 is reset to 9/27/2011 at 11:00 AM.Mailed notice
(rth, ) (Entered: 09/07/2011)

09/13/2011

15 ANSWER to Complaint and Affirmative Defenses by Savage Decorating,
Inc.(Barney, Joshua) (Entered: 09/13/2011)

09/20/2011

16 STATUS Report −Initial Joint Status Report by Charles E. Anderson, International
Union of Painters and Allied Trades, AFL−CIO, a labor organization, Northern
Illinois Painting and Drywall Institute, Painters' District Council No. 30, Painters'
District Council No. 30 Health and Welfare Fund, Painters' District Council No. 30
Pension Fund, Painters' and Allied Trades District Council No. 30 Joint
Apprenticeship and Training Fund, Rick Vandegraft (Huffman−Gottschling,
David) (Entered: 09/20/2011)

09/20/2011

17 Amended Joint ANSWER to Complaint and Affirmative Defenses by Savage
Decorating, Inc.(Karamanis, James) (Entered: 09/20/2011)

09/27/2011

18 MINUTE entry before Honorable Blanche M. Manning: Pursuant to Section D of
the parties initial joint status report [# 16 ], the parties consent to proceed before
Magistrate Judge Keys. Status hearing set to 9/27/2011 is stricken and the case is
continued generally pending reassignment to the magistrate judge. Parties shall file
their joint consent expeditiously.Mailed notice (rth, ) (Entered: 09/27/2011)

09/27/2011

19 JOINT CONSENT to Exercise of Jurisdiction by a United States Magistrate Judge
(Huffman−Gottschling, David) (Entered: 09/27/2011)

09/28/2011

20 ORDER REASSIGNING CASE to the Honorable Arlander Keys, pursuant to
Local Rule 73.1(B) for all further proceedings parties having consented to the
reassignment. Signed by Honorable Blanche M. Manning on 9/28/2011.(psm, )
(Entered: 10/03/2011)

10/04/2011

21 MINUTE entry before Honorable Arlander Keys: Status hearing set for 10/19/2011
at 09:00 AM. in courtroom 1025. Mailed notice (ac, ) (Entered: 10/04/2011)

10/19/2011

22 MINUTE entry before Honorable Arlander Keys:Status hearing held; continued to
11/23/2011 at 9:00 a.m. Counsel for plaintiff only appeared. The Court adopts the
parties scheduling order as follows: The parties may join other parties and/or
amend the pleadings on or before October 4, 2011; the parties shall exchange the
disclosures required by Rule 26(a)(1) on or before October 25, 2011; and the
parties shall complete all fact discovery on or before February 29, 2012. The
parties shall move the Court for leave to file dispositive motions on or before
March 30, 2012. All parties to be present at the next status call. Mailed notice (ac, )
(Entered: 10/20/2011)

11/23/2011

23 MINUTE entry before Honorable Arlander Keys:Status hearing held; continued to
1/6/2011 at 9:00 a.m. Counsel for plaintiff only appeared. Discovery is to proceed.
Mailed notice (ac, ) (Entered: 11/28/2011)

01/06/2012

24 MINUTE entry before Honorable Arlander Keys: Status hearing held; continued to
2/8/2012 at 9:00 a.m. Counsel for plaintiff only appeared and informed the Court
that discovery is proceeding. Counsel for defendant was excused from today's
status hearing by the Court. Defendant's counsel to be present at the next status
hearing. Mailed notice. (psm, ) (Entered: 01/11/2012)

02/08/2012

25 MINUTE entry before Honorable Arlander Keys: Status hearing held ; continued
to 3/9/2012 at 9:00 a.m. Discovery is proceeding. The parties are reminded that fact
discovery cuts off on 2/29/2012. Mailed notice (ao,) (Entered: 02/10/2012)

02/21/2012

26 AGREED MOTION by Plaintiff Charles E. Anderson to extend discovery. (ao,)
(Entered: 02/22/2012)

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02/21/2012

27 NOTICE of Motion by David George Huffman−Gottschling for presentment of
agreed motion to extend discovery 26 before Honorable Arlander Keys on
2/24/2012 at 09:00 AM. (ao,) (Entered: 02/22/2012)

02/23/2012

28 MINUTE entry before Honorable Arlander Keys: Parties' agreed Motion for
extension of time to complete discovery 26 is granted. Discovery ordered closed by
3/30/2012. Mailed notice (ac, ) (Entered: 02/23/2012)

03/09/2012

29 MINUTE entry before Honorable Arlander Keys: Status hearing held: continued to
4/25/2012 at 9:00 a.m The parties are reminded that fact discovery cuts off on
3/30/2012. Mailed notice (ao,) (Entered: 03/13/2012)

04/13/2012

30 MINUTE entry before Honorable Arlander Keys: Pursuant to the request of the
parties, the status hearing set for 4/25/2012 is reset to 5/9/2012 at 9:00 a.m. The
parties informed the Court that they are in settlement discussions and hope to have
the case resolved by the next status. Mailed notice (ac, ) (Entered: 04/13/2012)

05/09/2012

31 MINUTE entry before Honorable Arlander Keys: Status hearing held; continued to
6/11/2012 at 9:00 a.m. The parties appeared and informed the Court that they are
still attempting to bring this case to a resolution. Mailed notice. (psm, ) (Entered:
05/14/2012)

06/11/2012

32 MINUTE entry before Honorable Arlander Keys: Status hearing held. Counsel for
Plaintiff only appeared and informed the Court that the parties will proceed with a
dispositive motion. Therefore, Defendant to file its motion to dismiss by
7/11/2012. Plaintiff's response to be filed by 8/13/2012. Defendant's reply to be
filed by 8/27/2012. The Court will rule by mail. Mailed notice (ac, ) (Entered:
06/13/2012)

06/11/2012

33 MINUTE entry before Honorable Arlander Keys:The Plaintiffs telephonically
informed the Court that they anticipate filing a summary judgment motion.
Therefore, the Plaintiffs to also file their motion on or before 7/11/12 as well, with
defendants' responses to be filed by 8/13/2012. Plaintiffs' reply to be filed by
8/27/2012. The Court will rule by mail. Mailed notice (ac, ) (Entered: 06/13/2012)

07/11/2012

34 MOTION by Plaintiffs Northern Illinois Painting and Drywall Institute, Painters'
District Council No. 30 Health and Welfare Fund, Painters' District Council No.
30, Painters' District Council No. 30 Pension Fund, International Union of Painters
and Allied Trades, AFL−CIO, a labor organization, Charles E. Anderson, Painters'
and Allied Trades District Council No. 30 Joint Apprenticeship and Training Fund,
Rick Vandegraft for summary judgment (Huffman−Gottschling, David) (Entered:
07/11/2012)

07/11/2012

35 RULE 56 (a)(3) Statement by Charles E. Anderson, International Union of Painters
and Allied Trades, AFL−CIO, a labor organization, Northern Illinois Painting and
Drywall Institute, Painters' District Council No. 30, Painters' District Council No.
30 Health and Welfare Fund, Painters' District Council No. 30 Pension Fund,
Painters' and Allied Trades District Council No. 30 Joint Apprenticeship and
Training Fund, Rick Vandegraft regarding motion for summary judgment,, 34
(Attachments: # 1 Exhibit Index of Exhibits, # 2 Exhibit 1 − Complaint, # 3 Exhibit
2 − Amended Answer, # 4 Exhibit 3 − Ryan Anderson Declaration, # 5 Exhibit 4 −
Ricky Vandegraft Declaration, # 6 Exhibit 5 − 2008 − 2013 Collective Bargaining
Agreement, # 7 Exhibit 6 − Defendant's Discovery Responses, # 8 Exhibit 7 −
Pension Fund Trust Agreement, # 9 Exhibit 8 − Health and Welfare Fund Trust
Agreement, # 10 Exhibit 9 − Apprenticeship Fund Trust Agreement, # 11 Exhibit
10 − NIPDI Trust Agreement, # 12 Exhibit 11 − Promissory Note, # 13 Exhibit 12
− Glowicki Deposition Transcript)(Huffman−Gottschling, David) (Entered:
07/11/2012)

07/11/2012

36 MEMORANDUM by Charles E. Anderson, International Union of Painters and
Allied Trades, AFL−CIO, a labor organization, Northern Illinois Painting and
Drywall Institute, Painters' District Council No. 30, Painters' District Council No.
30 Health and Welfare Fund, Painters' District Council No. 30 Pension Fund,
Painters' and Allied Trades District Council No. 30 Joint Apprenticeship and
Training Fund, Rick Vandegraft in support of motion for summary judgment,, 34
(Huffman−Gottschling, David) (Entered: 07/11/2012)

Case: 1:11-cv-03474 As of: 11/18/2013 01:08 PM CST 7 of 9
08/13/2012

37 MOTION by Defendants Walter Glowicki, Savage Decorating, Inc. for extension
of time to file response/reply as to motion for summary judgment,, 34 (Karamanis,
James) (Entered: 08/13/2012)

08/13/2012

38 NOTICE of Motion by James A. Karamanis for presentment of motion for
extension of time to file response/reply, motion for relief 37 before Honorable
Arlander Keys on 8/22/2012 at 09:00 AM. (Karamanis, James) (Entered:
08/13/2012)

08/15/2012

39 MINUTE entry before Honorable Arlander Keys: Defendants Walter Glowicki,
Savage Decorating, Inc.motion for extension of time to file response to motion for
summary judgment,, 34 is granted. Defendant's response is the due by 9/4/2012;
Plaintiff's reply is due by 9/18/2012. The Court will rule by mail. Mailed notice
(ac, ) (Entered: 08/15/2012)

09/04/2012

40 MOTION by Defendants Walter Glowicki, Savage Decorating, Inc. for extension
of time to file Response to Motion for Summary Judgment (Agreed) (Karamanis,
James) (Entered: 09/04/2012)

09/04/2012

41 NOTICE of Motion by James A. Karamanis for presentment of extension of time
40 before Honorable Arlander Keys on 9/7/2012 at 09:00 AM. (Karamanis, James)
(Entered: 09/04/2012)

09/04/2012

42 AMENDED NOTICE of Motion by James A. Karamanis for presentment of
extension of time 40 before Honorable Arlander Keys on 9/7/2012 at 09:00 AM.
(Karamanis, James) (Docket Text modified by Clerks' Office.) (Entered:
09/04/2012)

09/06/2012

43 MINUTE entry before Honorable Arlander Keys:Defendants' motion for an
extension of time to September 11, 2012, to file their Response to Plaintiffs Motion
for Summary Judgment 40 is granted. Plaintiff's Reply is now due by 9/26/2012.
Mailed notice (ac, ) (Entered: 09/06/2012)

10/03/2012

44 NOTICE by Marisel A Hernandez of Change of Address (Hernandez, Marisel)
(Entered: 10/03/2012)

10/05/2012

45 NOTICE by David George Huffman−Gottschling of Change of Address
(Huffman−Gottschling, David) (Entered: 10/05/2012)

10/09/2012

46 MOTION by Defendants Walter Glowicki, Savage Decorating, Inc. for leave to file
Response to Motion for Summary Judgment Out of Time (Karamanis, James)
(Entered: 10/09/2012)

10/09/2012

47 NOTICE of Motion by James A. Karamanis for presentment of motion for leave to
file 46 before Honorable Arlander Keys on 10/26/2012 at 09:00 AM. (Karamanis,
James) (Entered: 10/09/2012)

10/10/2012

48 NOTICE by M. Garrett Hohimer of Change of Address (Hohimer, M.) (Entered:
10/10/2012)

10/11/2012

49 MINUTE entry before Honorable Arlander Keys: Defendants' Motion for an
extension of time of ten (10) days, or until October 19, 2012, to file their Response
to Plaintiffs Motion for Summary Judgment, and to extend the date upon which
Plaintiffs must reply to November 3, 2012, 46 is granted. Mailed notice (ac, )
(Entered: 10/11/2012)

11/19/2012

50 MINUTE entry before Honorable Arlander Keys: The case is set for a status
hearing on Wednesday, November 28, 2012 at 9:00 a.m. Mailed notice (ac, )
(Entered: 11/19/2012)

11/28/2012

51 RESPONSE by Defendants Walter Glowicki, Savage Decorating, Inc. to Plaintiffs'
LR56.1(a) Statement of Facts (Karamanis, James) (Entered: 11/28/2012)

11/28/2012

52 RESPONSE by Walter Glowicki, Savage Decorating, Inc. to MOTION by
Plaintiffs Northern Illinois Painting and Drywall Institute, Painters' District
Council No. 30 Health and Welfare Fund, Painters' District Council No. 30,
Painters' District Council No. 30 Pension Fund, International Union of P 34 for
Summary Judgment (Attachments: # 1 Affidavit of Walter Glowicki)(Karamanis,
James) (Entered: 11/28/2012)

Case: 1:11-cv-03474 As of: 11/18/2013 01:08 PM CST 8 of 9
12/03/2012

53 AFFIDAVIT of Walter Glowicki regarding response to motion, 52 (Signed
Affidavit) (Karamanis, James) (Entered: 12/03/2012)

01/07/2013

54 REPLY by Plaintiffs Charles E. Anderson, International Union of Painters and
Allied Trades, AFL−CIO, a labor organization, Northern Illinois Painting and
Drywall Institute, Painters' District Council No. 30, Painters' District Council No.
30 Health and Welfare Fund, Painters' District Council No. 30 Pension Fund,
Painters' and Allied Trades District Council No. 30 Joint Apprenticeship and
Training Fund, Rick Vandegraft In Support of Plaintiffs' Motion for Summary
Judgment (Huffman−Gottschling, David) (Entered: 01/07/2013)

01/07/2013

55 RESPONSE by Plaintiffs Charles E. Anderson, International Union of Painters and
Allied Trades, AFL−CIO, a labor organization, Northern Illinois Painting and
Drywall Institute, Painters' District Council No. 30, Painters' District Council No.
30 Health and Welfare Fund, Painters' District Council No. 30 Pension Fund,
Painters' and Allied Trades District Council No. 30 Joint Apprenticeship and
Training Fund, Rick Vandegraft to Defendants' LR 56.1 Statement of Additional
Facts (Attachments: # 1 Exhibit 13 − Supplemental R. Anderson
Declaration)(Huffman−Gottschling, David) (Entered: 01/07/2013)

03/22/2013

56 MINUTE entry before Honorable Arlander Keys: For the reasons explained in the
attached Memorandum Opinion and Order, the Court grants in part and denies in
part the plaintiffs motion for summary judgment [Docket #34]. The motion is
granted as to Counts I and II, but denied as to Count III. The case is set for a status
hearing on April 15, 2013 at 9:00 a.m. Mailed notice (ac, ) (Entered: 03/22/2013)

03/22/2013

57 MEMORANDUM Opinion and Order. Signed by the Honorable Arlander Keys on
3/22/2013. Mailed notice(ac, ) (Entered: 03/22/2013)

04/15/2013

58 MINUTE entry before Honorable Arlander Keys: Status hearing held; continued to
6/3/2013 at 9:00 a.m. Plaintiff made an oral motion to dismiss count 3 of the
complaint. The Court hereby grants Plaintiff's oral motion and count 3 is dismissed
from the complaint. Pursuant to the discussion held in open court, Plaintiff will file
a brief regarding the final interest and liquidated damages by 4/22/2013.
Defendants response to be filed by 5/22/2013, and Plaintiffs reply to be filed by
5/28/2013. Mailed notice (ac, ) (Entered: 04/15/2013)

04/22/2013

59 MEMORANDUM by Charles E. Anderson, International Union of Painters and
Allied Trades, AFL−CIO, a labor organization, Northern Illinois Painting and
Drywall Institute, Painters' District Council No. 30, Painters' District Council No.
30 Health and Welfare Fund, Painters' District Council No. 30 Pension Fund,
Painters' and Allied Trades District Council No. 30 Joint Apprenticeship and
Training Fund, Rick Vandegraft of Law in Support of Plaintiffs' Claim for Double
Interest (Huffman−Gottschling, David) (Entered: 04/22/2013)

05/22/2013

60 MOTION by Defendant Savage Decorating, Inc. for extension of time to file
response/reply as to memorandum,, 59 (Karamanis, James) (Entered: 05/22/2013)

05/22/2013

61 NOTICE of Motion by James A. Karamanis for presentment of motion for
extension of time to file response/reply, motion for relief 60 before Honorable
Arlander Keys on 5/29/2013 at 09:00 AM. (Karamanis, James) (Entered:
05/22/2013)

05/28/2013

62 MINUTE entry before Honorable Arlander Keys: Defendant Savage Decorating 's
Motion for extension of time to file response to Plaintiff's memorandum 59 60 is
granted. Response is extended to 5/29/2013; reply is due by 6/10/2013. Status
hearing set for 6/03/2013 is stricken. The Court will rule by mail. Mailed notice
(ac, ) (Entered: 05/28/2013)

05/29/2013

63 RESPONSE by Defendants Walter Glowicki, Savage Decorating, Inc. to
memorandum,, 59 (Karamanis, James) (Entered: 05/29/2013)

06/07/2013

64 REPLY by Plaintiffs Charles E. Anderson, International Union of Painters and
Allied Trades, AFL−CIO, a labor organization, Northern Illinois Painting and
Drywall Institute, Painters' District Council No. 30, Painters' District Council No.
30 Health and Welfare Fund, Painters' District Council No. 30 Pension Fund,
Painters' and Allied Trades District Council No. 30 Joint Apprenticeship and
Training Fund, Rick Vandegraft to memorandum,, 59 −−Reply Memorandum in

Case: 1:11-cv-03474 As of: 11/18/2013 01:08 PM CST 9 of 9
Support of Plaintiffs' Claim for Double Interest (Huffman−Gottschling, David)
(Entered: 06/07/2013)
06/26/2013

65 MINUTE entry before Honorable Arlander Keys: For the reasons explained in the
attached Memorandum Opinion and Order, the Court finds that, in addition to the
$20,380.65 in unpaid contributions, dues and assessments, the plaintiffs are entitled
to an award of double interest that is, they are entitled to recover interest on the
unpaid contributions (in the amount of $21,706.17), plus that amount again under
the liquidated damages provision of 29 U.S.C. §1132(g). Savage and Mr. Glowicki
are jointly and severally liable to the extent of the delinquent contributions. The
plaintiffs are also entitled to reasonable attorneys fees and costs. [ For further detail
see separate order(s).] Mailed notice (ac, ) (Entered: 06/26/2013)

06/26/2013

66 MEMORANDUM Opinion and Order. Signed by the Honorable Arlander Keys on
6/26/2013. Mailed notice(ac, ) (Entered: 06/26/2013)

07/26/2013

67 MOTION by Defendants Walter Glowicki, Savage Decorating, Inc.Relief from
Memorandum Opinion and Order (Karamanis, James) (Entered: 07/26/2013)

08/23/2013

68 MOTION by counsel for Plaintiffs Charles E. Anderson, International Union of
Painters and Allied Trades, AFL−CIO, a labor organization, Northern Illinois
Painting and Drywall Institute, Painters' District Council No. 30, Painters' District
Council No. 30 Health and Welfare Fund, Painters' District Council No. 30 Pension
Fund, Painters' and Allied Trades District Council No. 30 Joint Apprenticeship and
Training Fund, Rick Vandegraft to withdraw as attorney (Hohimer, M.) (Entered:
08/23/2013)

08/23/2013

69 NOTICE of Motion by M. Garrett Hohimer for presentment of motion to withdraw
as attorney,, 68 before Honorable Arlander Keys on 9/6/2013 at 09:00 AM.
(Hohimer, M.) (Entered: 08/23/2013)

08/29/2013

70 MINUTE entry before Honorable Arlander Keys: Plaintiffs' Motion to withdraw
M. Garrett Hohimer as attorney for Plaintiffs 68 is granted. Mailed notice (ac, )
(Entered: 08/29/2013)