Central States, Southeast and Southwest Areas Pension Fund et al v. Bales, Inc. et al

Filing 15

MOTION by Plaintiffs Arthur H. Bunte, Jr, Central States, Southeast and Southwest Areas Pension Fund for judgment by Consent (Attachments: # 1 Exhibit A)(Napoli, Anthony)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
CENTRAL STATES, SOUTHEAST AND
SOUTHWEST AREAS PENSION FUND;
and ARTHUR H. BUNTE, JR., as Trustee,
Plaintiffs,
v.
BALES, INC., a Michigan corporation,
f/k/a Bales Trucking, Inc.;
H.M. BALES, LLC, a Michigan limited
liability company, d/b/a Bales Excavating;
C & H BALES, CO., LLC, a Michigan limited
liability company, f/k/a S.E. Griffith, LLC,
Defendants.

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Case No. 12 C 3981
Honorable Robert W. Gettleman
District Judge

PLAINTIFFS’ MOTION
FOR ENTRY OF CONSENT JUDGMENT
NOW COME Plaintiffs, Central States, Southeast and Southwest Areas Pension
Fund and Arthur H. Bunte, Jr., as Trustee, by and through their undersigned counsel, and
hereby move the Court to enter a consent judgment in favor of Plaintiffs and against
Defendants, Bales, Inc., f/k/a Bales Trucking, Inc., H.M. Bales, LLC, d/b/a Bales
Excavating, and C & H Bales, Co., LLC, f/k/a S.E. Griffith, LLC (the “Defendants”). In
support of thereof, Plaintiffs state as follows:
1.

Plaintiffs filed this action to collect withdrawal liability from Defendants under

the Employee Retirement Income Security Act of 1974 (“ERISA”) as amended by the
Multiemployer Pension Plan Amendments Act of 1980, 29 U.S.C. § 1001 et seq.
2.

Plaintiffs and Defendants have agreed to the entry of a consent judgment

against Defendants and in favor of Plaintiffs.

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3.

In light of the foregoing, Plaintiffs request that this Court enter a consent

judgment against Defendants.
4.

Prior to the filing of this motion, Plaintiffs’ counsel, Anthony E. Napoli,

contacted Defendants’ counsel, Frederick Lucas. Mr. Lucas stated that he agreed to the
granting of this motion.
5.

A copy of the proposed Consent Judgment is attached hereto as Exhibit A

for the Court’s review and will also be submitted electronically to the Court’s e-mail address
for proposed orders.
WHEREFORE, Plaintiffs respectfully request that the Court enter the Consent
Judgment attached hereto as Exhibit A.
Respectfully submitted,

/s/Anthony E. Napoli
Anthony E. Napoli
Attorney for Central States, Southeast
and Southwest Areas Pension Fund
9377 W. Higgins Road, 10th Floor
Rosemont, Illinois 60018-4938
[phone], Ext. 3702
ARDC # 06210910
[e-mail]

September 27, 2012

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