Fox Valley Laborers' Health and Welfare Fund et al v. Hugh Henry Construction Inc. et al

Filing 197

MOTION by Plaintiffs Fox Valley Laborers' Health and Welfare Fund, Pat Shales, The Fox Valley Laborers' Pension Fund for judgment (REVIVAL) (Carollo, Amy)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
FOX VALLEY LABORERS’ HEALTH AND
WELFARE FUND et al.,

)
)
)
Plaintiffs,
)
Case No.: 16 cv 7203
v.
)
)
Judge Shah
HUGH HENRY CONSTRUCTION INC., et al., )
)
Defendant Judgment Debtor
)
)
MOTION FOR REVIVAL OF JUDGMENT
Plaintiffs Fox Valley Laborers’ Health and Welfare Fund (“Welfare Fund”), The Fox
Valley Laborers’ Pension Fund (“Pension Fund”) (collectively, “the Funds”), and Pat Shales,
Administrator of the Funds, by and through their attorney, Amy Carollo, hereby moves this
Court to Revive its August 17, 2017 judgment against Defendants Hugh Henry Construction,
Inc., Tracey Biesterfeldt, and Michael Gallagher. In support of this Motion, Plaintiffs state as
follows:
1.

On August 17, 2017, this Court entered a judgment in Plaintiffs’ favor against

Defendants Hugh Henry Construction Inc., Tracey Biesterfeldt, and Michael Gallagher in the
amount of $419,221.93. A true and accurate copy of this Court’s August 17, 2017, judgment is
attached hereto as Exhibit A.
2.

After allowing for all previous payments, $153,494.97 of the Court’s August 17,

2017 judgment remains due and owing.
3.

According to Rule 69(a)(1) of the Federal Rules of Civil Procedure,

supplementary proceedings in federal court are governed by applicable state law of the state in
which the federal court resides. See also TDK Electronics Corp. v. Draiman, 321 F.3d 677, 680

(7th Cir. 2003) and Guillen v. Southern Illinois Hospital Services, et al., 2013 LEXIS 37950
(S.D. Ill. 2013) (both applying Illinois state law to revival of federal judgments).
4.

Revival of judgments in Illinois is governed by 735 ILCS 5/2-1602(a), stating that

a judgment may be revived by the filing of a petition to revive within 20 years after the entry of
the judgment.
5.

Accordingly, the Funds request that the Court’s August 17, 2017 judgment

against Defendant Hugh Henry Construction Inc., Tracey Biesterfeldt, and Michael Gallagher be
revived in the amount of $153,494.97.
WHEREFORE, Plaintiffs respectfully request that this Court revive its August 17, 2017
judgment against Defendant Hugh Henry Construction, Inc., Tracey Biesterfeldt, and Michael
Gallagher in the amount of $153,494.97.
March 28, 2024

Respectfully submitted,
Laborers’ Pension Fund, et al.
By: /s/ Amy Carollo_______

Office of Fund Counsel
111 W Jackson Blvd, Suite 1415
Chicago, IL 60604
[phone]

2

CERTIFICATE OF SERVICE
The undersigned certifies that she caused a copy of the Motion for Revival of Judgment
upon the following persons via mail and email this 28 th day of March 2024.
Hugh Henry Construction Inc.
c/o Tracey Biesterfeldt, Registered Agent
6431 N. Newark, Apt. 1
Chicago, IL 60631
Tracey Biesterfeldt
6431 N. Newark, Apt. 1
Chicago, IL 60631
[e-mail]
Michael Gallagher
6431 N. Newark, Apt. 1
Chicago, IL 60631
[e-mail]

By: /s/ Amy Carollo_______

3

Case: 1:16-cv-07203 Document #: 66 Filed: 08/17/17 Page 1 of 2 PageID #:479

Exhibit A

Case: 1:16-cv-07203 Document #: 66 Filed: 08/17/17 Page 2 of 2 PageID #:480