Pipe Fitters Retirement Fund, Local 597 et al v. Pemco Service Company

Filing 14

MOTION by Plaintiffs Chicago Area Mechanical Contracting Industry Improvement Trust, Pipe Fitters Retirement Fund, Local 597, Pipe Fitters Training Fund, Local 597, Pipe Fitters Welfare Fund, Local 597, Pipe Fitters' Individual Account and 401( K) Plan, Pipe Fitting Council of Greater Chicago, The Pipe Fitters' Association, Local 597 U.A for judgment (final) in Sum Certain against the Defendant Pemco Service Company (Attachments: # 1 Exhibit 1 - Affidavit of Michael Maloney, # 2 Exhibit 2 - Affidavit of Krol)(Krol, Jeffrey)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
BOARD OF TRUSTEES of the PIPE FITTERS
RETIREMENT FUND, LOCAL 597;
BOARD OF TRUSTEES of the PIPE FITTERS
WELFARE FUND, LOCAL 597;
BOARD OF TRUSTEES of the PIPE FITTERS
TRAINING FUND, LOCAL 597; the
BOARD OF TRUSTEES of the CHICAGO AREA
MECHANICAL CONTRACTING INDUSTRY
IMPROVEMENT TRUST;
THE PIPE FITTERS’ ASSOCIATION,
LOCAL 597 U.A.; BOARD OF TRUSTEES
of the PIPE FITTERS’ INDIVIDUAL
ACCOUNT and 401(K) PLAN; and
BOARD OF TRUSTEES of the PIPE FITTING
COUNCIL OF GREATER CHICAGO,
Plaintiffs,
vs.
PEMCO SERVICE COMPANY, an Illinois
Corporation,
Defendant.

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CIVIL ACTION

NO.:

13-CV-5567

JUDGE: DURKIN

MAGISTRATE
JUDGE: VALDEZ

MOTION FOR FINAL JUDGMENT IN SUM CERTAIN
Now come Plaintiffs, the BOARD OF TRUSTEES of the PIPE FITTERS
RETIREMENT FUND, LOCAL 597, et al., by and through their attorneys, JOHNSON &
KROL, LLC, and move this Honorable Court for entry of Final Judgment in favor of Plaintiffs
and against Defendant PEMCO SERVICE COMPANY (“PEMCO”) and in support thereof, state
as follows:
1.

On August 5, 2013, Plaintiffs filed their Complaint in the above-captioned matter.

2.

On September 9, 2013, this Honorable Court entered a Default Judgment Order against
the Defendant PEMCO. (Docket No. 13).
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3.

Pursuant to the Default Judgment Order, the Defendant PEMCO was ordered to
“turnover all outstanding contribution reports for the months of June, July and August
2013 to the Plaintiffs’ counsel,” which it did. (Docket No. 13).

4.

Pursuant to the Default Judgment Order, the Plaintiffs were granted leave to “petition this
Court upon receipt of the outstanding contribution reports for entry of a final judgment in
sum certain to include all known unpaid contributions, liquidated damages, interest and
attorney’s fees and costs pursuant to the Collective Bargaining Agreement, Trust
Agreements and 29 U.S.C. §1132(g)(2)(D). (Docket No. 13).

5.

Based on the reports submitted by the Defendant PEMCO, the Defendant PEMCO owes
additional contributions in the amount of $5,245.20, liquidated damages in the amount of
$1,206.91 and interest charges in the amount of $43.25 for June, July and August 2013.
(Affidavit of Michael Maloney is attached as Exhibit 1).

6.

Defendant PEMCO is required to pay the Plaintiffs’ reasonable attorney’s fees and costs
pursuant to the Collective Bargaining Agreement, Trust Agreements and 29 U.S.C.
§1132(g)(2)(D).

7.

To date, Plaintiffs have incurred $3,018.50 in attorney’s fees and costs. (Affidavit of
Jeffrey Krol is attached as Exhibit 2).

WHEREFORE, Plaintiffs request the following:
A.

That a Final Judgment be entered in favor of Plaintiffs and against Defendant PEMCO in
the aggregate amount of $241,035.57, which is itemized as follows:
1.

$189,641.34 in unpaid contributions and wage work assessment that are due and
owing for the period of January 1, 2009 through June 30, 2012;

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2.

$18,748.21 in unpaid interest through May 31, 2013;

3.

$23,132.16 in unpaid liquidated damages through May 31, 2013;

4.

$5,245.20 in unpaid contributions for the month of August 2013;

5.

$1,206.91 in liquidated damages owed during the period of June 1, 2013 through
August 30, 2013;

6.

$43.25 in interest charges owed during the period of June 1, 2013 through August
30, 2013; and

7.
B.

$3,018.50 in attorney’s fees and costs.

That Plaintiffs have such other and further relief as the Court may deem just and
equitable all at the Defendant’s cost, pursuant to 29 U.S.C. §1132(g)(2)(E).

Respectfully submitted,
BOARD OF TRUSTEES of the PIPE
FITTERS RETIREMENT FUND,
LOCAL 597 et al.
/s/ Jeffrey A. Krol – 6300262
One of Plaintiffs’ Attorneys
Jeffrey A. Krol
JOHNSON & KROL, LLC
300 South Wacker Drive, Suite 1313
Chicago, Illinois 60606
312-372-8587 ex. 232

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