Trustees of the Chicago Painters and Decorators Pension Fund et al, v. Regency Group of Illinois, Inc. et al

Filing 18

MOTION by Plaintiffs Trustees of the Chicago Painters and Decorators Apprenticeship Fund, Trustees of the Chicago Painters and Decorators Joint Cooperation Trust Fund, Trustees of the Chicago Painters and Decorators Pension Fund, Trustees of the Chi cago Painters and Decorators Savings Fund, Trustees of the Chicago Painters and Decorators Scholarship Fund, Trustees of the Chicago Painters and Decorators Welfare Fund for judgment In A Sum Certain (Attachments: # 1 Exhibit Default Order, # 2 Exhibit Complaint, # 3 Exhibit Affidavit of Richard J. Wolf, # 4 Exhibit Judgment Order)(Anderson, James)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
TRUSTEES OF THE CHICAGO PAINTERS
AND DECORATORS PENSION FUND,
TRUSTEES OF THE CHICAGO PAINTERS
AND DECORATORS WELFARE FUND,
TRUSTEES OF THE CHICAGO PAINTERS
AND DECORATORS DEFERRED SAVINGS
FUND, TRUSTEES OF THE CHICAGO
PAINTERS AND DECORATORS
APPRENTICESHIP FUND, TRUSTEES OF THE
CHICAGO PAINTERS AND DECORATORS
SCHOLARSHIP FUND AND TRUSTEES OF
THE CHICAGO PAINTERS AND
DECORATORS JOINT COOPERATION
TRUST FUND,
Plaintiffs,
v.
REGENCY GROUP OF ILLINOIS, INC., a
dissolved Illinois corporation, and JOSEPH
CAMPISI, Individually,
Defendants.

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No. 16 C 7533
Judge Kennelly
Magistrate Judge Valdez

PLAINTIFFS’ MOTION FOR JUDGMENT IN A SUM CERTAIN
Plaintiffs, by and through their attorneys, DONALD D. SCHWARTZ, JAMES R.
ANDERSON, GRANT R. PIECHOCINSKI and ARNOLD AND KADJAN LLP, move this
Court to enter judgment in favor of Plaintiffs and against both Defendants in the sum certain of
$135,673.07. In support of their Motion, the Plaintiffs state as follows:
1. This is an action to recover delinquent fringe benefit fund contributions due and
owing and a result of breaches of collective bargaining agreements, declarations of trust, and
applicable provisions of ERISA.
2. The Defendants were personally served with the Summons and Complaint and were

defaulted by order of this Court dated September 2, 2016. See Exhibit 1. The Defendants have
not moved to vacate the default.
3. As a result of the default, all allegations in the Complaint are deemed to be
admitted, including that Defendant Regency Group of Illinois Inc. is Regency Decorating’s
alter ego bound to Regency Decorating’s Labor Agreement and Trust Agreements. See Exhibit
2. (Complaint at paragraphs 12,13). Similarly, admitted is that Regency Group was required to
provide a bond in the amount of Ten Thousand Dollars prior to commencing work covered by
the Labor Agreement and its failure to do so imposes liquidated liability upon the employer
and each corporate official of that employer “in the amount of Thirty Thousand Dollars
($30,000.00) plus all unpaid amounts in excess of that sum which are due by that Employer.”
(Complaint, paragraph 18). Regency Group performed work without providing any bond and
thus, its corporate officer, Joseph Campisi, president, is personally liable for all amounts
owed. (See Exhibit 2, Complaint, paragraphs 19 through 21),
4. According to the Affidavit of Richard Wolf, attached as Exhibit 3, Regency Group
of Illinois, Inc. owes Plaintiffs the amount of $158,985.67 based upon an audit for the period
from October 1, 2014 through August 31, 2016. The findings consist of $103,187.69 in
contributions, $15,478.15 in liquidated damages, and $1,680.00 for audit costs, and $37,639.83
in accumulated unpaid liquidated damages assessed on tardily submitted monthly reports.
5. Regency Group has made payments to the Plaintiffs that total $23,312.60. After
subtracting the amount of those payments, the amount owed is reduced to $135,673.07.
WHEREFORE, Plaintiffs pray for the following relief:
A. That final judgment be entered in favor of Plaintiffs and against the Defendants

Regency Group of Illinois, Inc. and Joseph Campisi individually, in the amount of
$135,673.07. (A proposed order is attached as Exhibit 4, and is also being sent via the Court’s
email system).
Respectfully submitted,
TRUSTEES OF THE CHICAGO PAINTERS et al,
s/s

James R. Anderson

One of Plaintiffs’ attorneys
DONALD D. SCHWARTZ
JAMES R. ANDERSON
GRANT R. PIECHOCINSKI
ARNOLD AND KADJAN LLP
35 East Wacker Drive, Suite 600
Chicago, Illinois 60601
[phone]