Central Laborers' Pension Fund et al v. Weaver Construction, Inc.
Filing
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MOTION by Plaintiffs Central Laborers Pension Supplemental Fund, Central Laborers' Annuity Fund, Central Laborers' Pension Fund, Central Laborers' Welfare Fund, Illinois Laborers' and Contractors Joint Apprenticeship & Training T rust Fund, Laborers' Local Union No. 32, Market Promotion Fund, Midwest Region Organizing Committee, North Central Check Off Fund, North Central Laborers-Employers Cooperation Trust, North Central Midwest Region Foundation for Fair Contracting, North Central Vacation Fund, Northern Illinois Annuity Fund, Northern Illinois Building Contractors Association Industry Advancement Fund, Northern Illinois Welfare Fund, Work Dues Fund to reopen case , MOTION by Plaintiffs Central Laborers P ension Supplemental Fund, Central Laborers' Annuity Fund, Central Laborers' Pension Fund, Central Laborers' Welfare Fund, Illinois Laborers' and Contractors Joint Apprenticeship & Training Trust Fund, Laborers' Local Union No . 32, Market Promotion Fund, Midwest Region Organizing Committee, North Central Check Off Fund, North Central Laborers-Employers Cooperation Trust, North Central Midwest Region Foundation for Fair Contracting, North Central Vacation Fund, Northern Illinois Annuity Fund, Northern Illinois Building Contractors Association Industry Advancement Fund, Northern Illinois Welfare Fund, Work Dues Fund for judgment (Attachments: # 1 Exhibit)(Scanlon, Cecilia)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
CENTRAL LABORERS’ PENSION FUND,
et al.,
Plaintiffs,
vs.
WEAVER CONSTRUCTION, INC.,
an Illinois corporation,
Defendant.
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CIVIL ACTION
NO. 15 C 0012
JUDGE JOHN Z. LEE
PLAINTIFFS' MOTION TO REOPEN CASE
AND ENTER JUDGMENT AGAINST DEFENDANT
NOW COME Plaintiffs, CENTRAL LABORERS PENSION FUND, et al., by their
attorneys, and move the Court for the entry of an order reopening this action and for entry of
judgment against Defendant. In support of the Motion, Plaintiffs state as follows:
1.
This action was originally brought by the Plaintiffs, the Trustees of the jointly-
administered, labor-management employee benefit plans collectively known as the Central Laborers
Fringe Benefit Funds, alleging, inter alia, that Defendant breached its obligations under the terms
of the collective bargaining agreement entered into with Laborers Local Union No. 32 and the
Agreements and Declarations of Trust under which the Plaintiff Funds are maintained. Specifically,
Plaintiffs allege that Defendant failed to submit contribution reports and remit payment of fringe
benefit contributions due thereon for work performed on its behalf by beneficiaries of the Plaintiff
Funds. The Complaint was brought pursuant to the Employee Retirement Income Security Act of
1974, as amended, 29 U.S.C. §§1132, 1145.
2.
On December 17, 2015, this action was dismissed without prejudice and with leave
to reinstate within 12 months (by December 17, 2016) (a copy of the Notification of Docket Entry
entered on December 17, 2015 [No. 20] is attached hereto as Exhibit 1).
3.
On February 5, 2016, a Judgment Note incorporating the terms for settlement agreed
to by the parties was executed on behalf of Weaver Construction, Inc. and by Todd Weaver,
individually (a copy of the Judgment Note is attached hereto as Exhibit 2).
4.
On December 8, 2016, Plaintiffs filed a Motion to Reopen Case, which was set for
hearing on December 15, 2016.
5.
On December 15, 2016, this Court denied Plaintiffs’ motion and allowed the parties
until February 15, 2017 to reopen the case (a copy of the Notification of Docket Entry entered on
December 15, 2016 [No. 23] is attached hereto as Exhibit 3).
6.
Pursuant to the terms of the Judgment Note, the total amount of $48,382.80, plus
$3,587.76 in interest, was to be paid in 18 monthly installments of $2,920.00 each, due on the 30th
day of each month beginning December 30, 2015 with the 18th (final) payment of $2,330.56 due on
May 30, 2017.
7.
To date, Defendant has submitted 12 monthly installments of $2,920.00 each, for a
total of $35,040.00. Defendant is delinquent in the submission of its monthly installment payments
of $2,920.00 each due on December 30, 2016 and January 30, 2017. Accordingly, there remains
$16,930.56 due and owing on the Judgment Note.
8.
Defendant is delinquent in the payment of monthly fringe benefit contributions due
for the contribution months of June 2015 through January 2016 in the amount of $31,024.14. After
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application of partial payments totaling $20,258.85, Defendant owes $10,765.29 for the stated time
period.
9.
Due to Defendant’s failure to timely remit payment of fringe benefit contributions due
for the contribution months of July 2015, August 2015, March 2016 through May 2016 and July
2016 through November 2016, liquidated damages in the amount of ten (10%) percent of the
contributions due and owing have been assessed against Defendant in the total amount of $4,388.64
for the stated time period.
10.
Defendant submitted monthly fringe benefit contribution reports for the contribution
months of October 2015 through January 2016, but shorted the total contributions due and owing
in the total amount of $6,624.16.
11.
For all the reasons stated, the Plaintiffs hereby move the Court for the entry of an
Order reinstating this action for the limited purpose of enforcing the terms of the Stipulation to
Dismiss and entering judgment against the Defendant. Specifically, Plaintiffs request:
A.
That judgment be entered in favor of Plaintiffs and against Defendant to include the
amount of $38,708.65, being the total amount remaining due for contributions,
liquidated damages, interest and attorneys’ fees for the time period through January
2016.
B.
That judgment be entered in favor of Plaintiffs and against Defendant to include an
additional $3,437.50 in attorneys' fees not included in the Judgment Note plus the
amounts incurred by the Plaintiffs in the preparation and presentment of their Motion
to Reopen.
C.
That Plaintiffs have such further relief as may be deemed just and equitable by the
Court.
/s/ Cecilia M. Scanlon
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Cecilia M. Scanlon
Attorney for Plaintiffs
BAUM SIGMAN AUERBACH & NEUMAN, LTD.
200 West Adams Street, Suite 2200
Chicago, IL 60606-5231
Bar No.: 6288574
Telephone: (312) 216-2577
Facsimile: (312) 236-0241
E-Mail: cscanlon@baumsigman.com
I:\CLJ\Weaver\#25727\motion-reopen & judgment.cms.df.wpd
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CERTIFICATE OF SERVICE
The undersigned, an attorney of record, hereby certifies that she electronically filed the
foregoing document (Motion to Reopen Case and Enter Judgment Against Defendant) with the Clerk
of Court using the CM/ECF system, and further certifies that I have mailed the above-referenced
document by United States Mail to the following non-CM/ECF participant on or before the hour of
5:00 p.m., this 3rd day of February 2017:
Mr. Todd Weaver, Registered Agent/President
Weaver Construction, Inc.
1853 Dovetail Point
Sycamore, IL 60178
/s/ Cecilia M. Scanlon
Cecilia M. Scanlon
Attorney for Plaintiffs
BAUM SIGMAN AUERBACH & NEUMAN, LTD.
200 West Adams Street, Suite 2200
Chicago, IL 60606-5231
Bar No.: 6288574
Telephone: (312) 216-2577
Facsimile: (312) 236-0241
E-Mail: cscanlon@baumsigman.com
I:\CLJ\Weaver\#25727\motion-reopen & judgment.cms.df.wpd
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