Fox Valley Laborers' Health and Welfare Fund et al v. Hugh Henry Construction Inc. et al
MOTION by Plaintiffs Fox Valley Laborers' Health and Welfare Fund, Pat Shales, The Fox Valley Laborers' Pension Fund Motion To Reinstate Case And Enter Agreed Judgment , MOTION by Plaintiffs Fox Valley Laborers' Health and Welfare Fund, Pat Shales, The Fox Valley Laborers' Pension Fund for judgment (Attachments: # 1 Exhibit A-I, # 2 Text of Proposed Order)(Groff, Josiah)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
FOX VALLEY LABORERS’ HEALTH AND
WELFARE FUND, THE FOX VALLEY
LABORERS’ PENSION FUND, and PAT
SHALES, Administrator of the Funds,
HUGH HENRY CONSTRUCTION INC.,
an Illinois corporation, TRACEY
BIESTERFELDT, and MICHAEL
Case No. 16-cv-7203
Honorable Judge Manish S. Shah
PLAINTIFFS’ MOTION TO REINSTATE CASE AND ENTER 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 leave to reinstate this
case and enter the parties’ agreed judgment. In support of their motion, Plaintiffs state as follows:
This case was originally filed on July 15, 2016 (Complaint [Docket No. 1].
Defendants filed their amended answer on September 30, 2016 (Defendants’ Amended Answer to
Plaintiffs’ Complaint and Affirmative Defenses [Docket No. 31]).
The parties entered into a written settlement agreement (attached as Exhibit A) that
The parties would ask that the case be dismissed without prejudice and with
leave to reinstate through August 31, 2010 (Ex. A at 3).
Defendants would pay off all delinquencies arising through December 31,
2016 through a specified payment schedule (Ex. A at 2).
Defendants would remain current on all other obligations to Plaintiffs (Ex.
A at 4).
Plaintiffs would amend their complaint to add a third defendant (Michael
Gallagher) and to update the description of their allegations based on facts
developed since the lawsuit was originally filed (Ex. A at 3).
In the event of non-compliance with the settlement, Defendants would agree
to entry of an Agreed Judgment against them (Ex. A at 5).
Pursuant to the settlement, Plaintiffs filed their Amended Complaint [Docket No. 56]
with leave of court, and the court later dismissed the case without prejudice but with leave to
reinstate [Docket Nos. 61 & 62].
As of the filing of this motion, Defendants have complied with the payment schedule
for paying delinquencies arising through December 31, 2016. But Defendants have not remained
current on their other obligations to Plaintiffs. Specifically, Defendants have provided monthly
reports from February through June, 2017 (attached as Exhibits B through H), stating that they owe
contributions for those months. But Defendants have made only a partial payment toward those
contributions, as shown in the chart below:
Based on Reports from 2017
January 2017 (Ex. B)
February 2017 (Ex. C)
March 2017 (Ex. D)
April 2017 (Ex. E)
May 2017 (Ex. F)
June 2017 (Ex. G)
July 2017 (Ex. H)
Webster Check No. 1113
Webster Check No. 1114
Hugh Henry Check No. 2914
Hugh Henry Check No. 2916
Total Principal Contributions $ 90,950.58
Plaintiffs have provided Defendants with notice of their default, but Defendants
have failed to cure within the time allowed (attached as Exhibit I).
Plaintiffs now request the relief which Defendants agreed to in the settlement: that
the case be reinstated and the Agreed Judgment be entered. A copy of the Agreed Judgment,
signed by counsel for Defendants as a condition of settlement, is attached as Exhibit J.
WHEREFORE, the Plaintiffs therefore request that the Court reinstate the case for
purposes of entry of the parties’ Agreed Judgment, and that the Court enter the Agreed Judgment
immediately after reinstatement.
/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
August 14, 2017
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?