Central States, Southeast & Southwest Areas Pension Fund et al v. Jefferies et al

Filing 20

MOTION by Plaintiffs Arthur H. Bunte, Jr, Central States, Southeast & Southwest Areas Pension Fund for judgment to Revive Judgment (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Napoli, Anthony)

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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
CENTRAL STATES, SOUTHEAST AND
SOUTHWEST AREAS PENSION FUND;
and CHARLES A. WHOBREY, as Trustee,

)
)
)
)
Plaintiffs-Judgment Creditors, )
)
v.
)
)
NEIL JEFFERIES, an individual;
)
BETTY JEFFERIES, an individual,
)
)
Defendants-Judgment Debtors. )

Case No. 15 C 3894
Honorable Samuel Der-Yeghiayan
District Judge

PLAINTIFFS’ MOTION TO REVIVE JUDGMENT
Plaintiffs, through their attorneys, move this Court for revival of the Judgment
entered against Defendants, and in support thereof, state as follows:
1.

Plaintiffs instituted this lawsuit against Defendants Neil Jefferies and Betty

Jefferies seeking withdrawal liability due to the Central States, Southeast and Southwest
Areas Pension Fund (the “Pension Fund”) as a result of a complete withdrawal from the
Pension Fund.
2.

This Court entered a Judgment on October 21, 2015, in favor of Plaintiffs

and against Defendants, jointly and severally, in the total amount of $1,041,980.87 for
withdrawal liability, interest, and statutory damages, plus post-judgment interest from the
date of the judgment computed and charged on the entire judgment balance at an
annualized interest rate equal to two percent (2%) plus the prime interest rate
established by JPMorgan Chase Bank, NA for the fifteenth (15th) day of the month for
which the interest is charged compounded annually. (Dkt. No. 18) (A copy of the
Judgment is attached hereto as Exhibit 1.)
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3.

The Judgment remains unsatisfied.

4.

Rule 69 of the Federal Rules of Civil Procedure directs that Illinois law

controls the manner in which judgments entered by this Court are executed. Under 735
ILCS 5/12-108, judgments may not be enforced beyond seven (7) years after the initial
entry of judgment, unless revived as provided under 735 ILCS 5/2-1601 and in
accordance with 735 ILCS 5/2-1602. A judgment may be revived by filing a petition in the
original case in which the judgment was entered and providing notice of the petition to
interested parties. 735 ILCS 5/2-1602(b) and (c).
5.

Plaintiffs submit this Motion as the petition contemplated by Illinois law and

further submit that interested parties have been notified of this Motion as evidenced by
the Certificate of Service attached hereto.
6.

To date, the Pension Fund has not collected any portion of the Judgment

and the outstanding balance on the Judgment is $1,404,917.33 ($1,041,980.87 in
principal and $362,936.46 in post-judgment interest calculated through September 15,
2020).
7.

Plaintiffs request that the Judgment be revived in accordance with 735 ILCS

5/2-1602 against all Defendants.
8.

Along with this Motion, Plaintiffs submit a proposed Order Reviving

Judgment, a copy of which is attached hereto as Exhibit 2 and will be submitted
electronically to the Court’s proposed order inbox once the case has been reassigned to
a new Judge.

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WHEREFORE, Plaintiffs seek revival of the Judgment entered against Defendants
on October 21, 2015, in accordance with the Federal Rules of Civil Procedure and 735
ILCS 5/2-1602.
Respectfully submitted,
/s/ Anthony E. Napoli
Anthony E. Napoli
Attorney for Plaintiffs
Central States Pension Fund
8647 W. Higgins Road, 8th Floor
Chicago, Illinois 60631
[phone]
ARDC # 06210910
[e-mail]

September 9, 2020

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CERTIFICATE OF SERVICE
I, Anthony E. Napoli, one of the attorneys for Plaintiffs, certify that on September
9, 2020, I caused the foregoing Plaintiffs’ Motion to Revive Judgment to be filed
electronically. This filing was served on all parties indicated on the electronic filing receipt
via the Court’s electronic filing system.
/s/ Anthony E. Napoli_______________
Anthony E. Napoli
Attorney for Plaintiffs

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