Teamsters Local Union No. 727 Health and Welfare Fund et al v. Metropolitan 1, LLC

Filing 13

MOTION by Plaintiffs Teamsters Local Union No. 727 Health and Welfare Fund, Teamsters Local Union No. 727 Legal and Educational Assistance Fund, Teamsters Local Union No. 727 Pension Fund for judgment entry, MOTION by Plaintiffs Teamsters Lo cal Union No. 727 Health and Welfare Fund, Teamsters Local Union No. 727 Legal and Educational Assistance Fund, Teamsters Local Union No. 727 Pension Fund to reopen case , MOTION by Plaintiffs Teamsters Local Union No. 727 Health and Welfare Fund, Teamsters Local Union No. 727 Legal and Educational Assistance Fund, Teamsters Local Union No. 727 Pension Fund to vacate Order of Dismissal. (Attachments: # 1 Exhibit A, Order of Dismissal, # 2 Exhibit B, Settlement Agreement, # 3 Affidavit Fund Manager, William Coli)(Greenberg, Robert)

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

TEAMSTERS LOCAL UNION NO. 727
HEALTH AND WELFARE FUND,
TEAMSTERS LOCAL UNION NO. 727
PENSION FUND and TEAMSTERS
LOCAL UNION NO. 727 LEGAL AND
EDUCATIONAL ASSISTANCE FUND,
Plaintiffs,
v.
METROPOLITAN 1, LLC,
Defendant.

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

1:11CV8744
Judge Tharp
Magistrate Judge Valdez

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 July 11, 2012, 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 executed by the parties, 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, speci-

fically paragraph 1 thereof, the Defendant has failed to remit payments for the months of
July and August, 2012.

WHEREFORE, in accordance with the provisions of the Settlement Agreement,
Exhibit “B”, 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 $108,824.64, as and for the outstanding delinquencies and
accrued interest calculated pursuant to the Settlement Agreement, and current
delinquencies claimed due, as supported by Affidavit of Fund Manager.
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: September 7, 2012