Central States Southeast And Southwest Areas Pension Fund et al v. Boichot Concrete Corporation

Filing 15

MOTION by Plaintiffs Arthur H. Bunte, Jr, Central States Southeast And Southwest Areas Pension Fund for judgment by Consent (Attachments: # 1 Exhibit 1)(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.
BOICHOT CONCRETE CORPORATION,
a Michigan corporation,
Defendant.

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Case No. 12 C 4722
Honorable Joan B. Gottschall
District Judge

PLAINTIFFS’ MOTION FOR ENTRY OF CONSENT JUDGMENT
Plaintiffs, Central States, Southeast and Southwest Areas Pension Fund and
Arthur H. Bunte, Jr., as trustee, by and through their undersigned counsel, hereby move
the Court to enter a consent judgment in favor of Plaintiffs and against Defendant,
Biochot Concrete Corporation (the “Defendant”). In support of thereof, Plaintiffs state as
follows:
1.

Plaintiffs filed this action to collect withdrawal liability from Defendant

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 Defendant have agreed to the entry of a consent judgment

against Defendant and in favor of Plaintiffs.
3.

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

judgment against Defendant.
4.

Prior to the filing of this motion, Plaintiffs’ counsel contacted Defendant’s

counsel stated that he agreed to the granting of this motion.

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5.

A copy of the proposed Consent Judgment is attached hereto as Exhibit 1

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 1.
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]

March 22, 2013

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