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

Filing 41

MOTION by Plaintiffs Fox Valley Laborers' Health and Welfare Fund, Pat Shales, The Fox Valley Laborers' Pension Fund for judgment Motion For Entry Of Agreed Judgment (Attachments: # 1 Certificate of Service)(Rowe, Elizabeth)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
FOX VALLEY LABORERS’ HEALTH AND
WELFARE FUND, THE FOX VALLEY
LABORERS’ PENSION FUND, and PAT
SHALES, Administrator of the Funds,
Plaintiffs,
v.
HUGH HENRY CONSTRUCTION INC.,
an Illinois corporation, and TRACEY
BIESTERFELDT, individuals,
Defendants.

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Case No. 16-cv-7203
Honorable Judge Manish S. Shaw

MOTION FOR ENTRY OF AGREED 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, through their attorneys, Dowd, Bloch,
Bennett, Cervone, Auerbach & Yokich, hereby respectfully move the Court for entry of an agreed
judgment on Count X of the Complaint. In support of their motion, Plaintiffs state as follows:
1.

This case was filed on July 15, 2016 (Complaint [Docket No. 1], alleging

delinquencies owed to the Funds by corporate defendant Hugh Henry Construction, Inc. (“Hugh
Henry”). In Count X of the Complaint, the Funds alleged that Hugh Henry’s owner and president,
Tracey Biesterfeldt, is personally liable for any amounts owed by Hugh Henry under the doctrine of
piercing the corporate veil.
2.

The Funds have issued discovery to the Defendants and the parties are resolving

discovery disputes. One significant area for discovery is Biesterfeldt’s transactions with Hugh

Henry, because the nature and size of those transactions bears on whether Hugh Henry’s corporate
veil should be pierced in order to hold Biesterfeldt personally liable.
3.

In the hope of reducing the scope of discovery and the corresponding burden on the

parties, Biesterfeldt has agreed to accept personal liability for all amounts Hugh Henry is held liable
for in this case.
4.

The parties have reduced that agreement to the written form of an agreed judgment.

A copy signed by counsel for both parties is attached. The Funds respectfully request that the Court
enter it in order to obviate the need for discovery related solely to the question of veil piercing.

WHEREFORE, based on the reasons stated above, Plaintiffs respectfully request entry of the
attached Agreed Judgment Order on Count X of the Complaint, or similar judgment as the Court
may find appropriate.

Respectfully Submitted,
/s/ Josiah A. Groff
Josiah A. Groff
One of Plaintiffs’ Attorneys
J. Peter Dowd (#0667552)
Josiah A. Groff (#6289628)
Elizabeth L. Rowe (#6316967)
DOWD, BLOCH, BENNETT, CERVONE,
AUERBACH & YOKICH
8 South Michigan Avenue, 19th Floor
Chicago, Illinois 60603
[phone]
January 24, 2017

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