Local No. 1 S.E.I.U. Pension Trust Fund et al v. Sunset Memorial Lawns

Filing 14

MOTION by Plaintiffs Local No. 1 S.E.I.U. Health Fund, Local No. 1 S.E.I.U. Pension Trust Fund for judgment entry, MOTION by Plaintiffs Local No. 1 S.E.I.U. Health Fund, Local No. 1 S.E.I.U. Pension Trust Fund to reopen case , MOTION by Plaintiffs Local No. 1 S.E.I.U. Health Fund, Local No. 1 S.E.I.U. Pension Trust Fund to vacate Order of Dismissal. (Attachments: # 1 Exhibit A, Order, # 2 Exhibit B, Release and Settlement Agreement)(Greenberg, Robert)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

LOCAL NO. 1 S.E.I.U. PENSION TRUST FUND
and LOCAL NO. 1 S.E.I.U. HEALTH FUND,
Plaintiffs,
v.
SUNSET MEMORIAL LAWNS,
Defendant.

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1:15-CV-6554
Judge Shah
Magistrate Judge Cole

MOTION TO VACATE ORDER OF DISMISSAL, TO REINSTATE ACTION,
AND FOR ENTRY OF JUDGMENT
NOW COME the Plaintiffs and move this Honorable Court to vacate Order of
Dismissal entered on March 17, 2016, a copy of which is attached hereto as Plaintiffs’
Exhibit "A", and to reinstate Plaintiffs’ cause of action instanter, and for entry of judgment
against the Defendant.
In support of Plaintiffs’ Motion, Plaintiffs state as follows:
1)

That pursuant to Settlement Agreement and Agreed Order of Dismissal,

executed by the parties, a copy of which is attached hereto as Plaintiffs’ Exhibit “B”, the
parties agreed to a dismissal of the pending action.
2)

That notwithstanding the provisions of the Settlement Agreement,

specifically paragraphs 2 and 3 thereof, the Defendant has failed to remit payments for the
month of April 2017, and for current contributions for the month of March 2017.

WHEREFORE, in accordance with the provisions of the Agreed Order of Dismissal,
Exhibit “A”, Plaintiffs pray that the Order of Dismissal be vacated instanter, Plaintiffs’
cause of action be reinstated, and that judgment enter in favor of Plaintiffs and against the
Defendant. Larry Levin, in the amount of $47,669.86, as and for the outstanding delinquencies.

/s/ Robert B. Greenberg
Asher, Gittler & D'Alba, Ltd.
200 West Jackson Boulevard, Suite 1900
Chicago, Illinois 60606
[phone]
Fax: [phone]
[e-mail]
IL ARDC#: 01047558

Dated: April 17, 2017