Midwest Operating Engineers Welfare Fund et al v. Great Lakes Specialty Diving, a Michigan corporation, f/k/a Great Lakes Commercial Diving and Salvage, a Michigan corporation

Filing 35

MOTION by Plaintiffs Construction Industry Research and Service Trust Fund, International Union of Operating Engineers, Local 150, AFL-CIO, Local 150 IUOE Vacation Savings Plan, Midwest Operating Engineers Pension Trust Fund, Midwest Operating Engin eers Retirement Enhancement Fund, Midwest Operating Engineers Welfare Fund, Operating Engineers Local 150 Apprenticeship Fund for judgment Joint Motion for Consent Judgment Against Great Lakes and Voluntary Dismissal without Prejudice of L&M Fabrication, LLC (Hensel, Melinda)

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

Midwest Operating Engineers Welfare Fund;
Midwest Operating Engineers Pension Trust Fund;
Operating Engineers Local 150 Apprenticeship
Fund; Local 150 IUOE Vacation Savings Plan;
Midwest Operating Engineers Retirement
Enhancement Fund; Construction Industry
Research and Service Trust Fund; and
International Union of Operating Engineers, Local
150, AFL-CIO;
Plaintiffs,

v.
Great Lakes Specialty Diving, a Michigan
corporation, f/k/a Great Lakes Commercial Diving
and Salvage, a Michigan corporation, and L&M
Fabrication, LLC, a Michigan limited liability
company,
Defendants.

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Case No. 16-cv-8782

Judge: Sara L. Ellis
Magistrate Judge: David M. Weisman

JOINT MOTION FOR CONSENT JUDGMENT AGAINST GREAT LAKES
AND VOLUNTARY DISMISSAL WITHOUT PREJUDICE
OF L&M FABRICATION, LLC
Pursuant to an agreement reached between Plaintiffs and Defendant Great Lakes Specialty
Diving, a Michigan corporation f/k/a Great Lakes Commercial Diving and Salvage, a Michigan
corporation (“Great Lakes”), the Parties jointly move the Court to enter a Consent Judgment Order
containing the following terms:

Defendant Great Lakes does not dispute the Complaint allegations against it, or the findings
of delinquent fringe benefit contributions and Union dues made pursuant to an audit conducted
of its books and records;
1. Great Lakes agrees to a Consent Judgment against it as follows:
This Court finds:
A.

Great Lakes has breached its contractual obligations under the collective bargaining

agreements and trust documents identified in the Complaint;
B.

Great Lakes is liable to the Funds for the full amount of the breach identified in the

Complaint and as supplemented by audit, plus attorneys’ fees and costs of this action;
C.

Great Lakes is liable to the International Union of Operating Engineers, Local 150,

AFL-CIO, for unpaid administrative dues, plus attorneys’ fees and costs of this action.
D.

Plaintiffs dismiss without prejudice the claims against L&M Fabrication, LLC.

WHEREFORE, the Parties jointly request that this Court enter a Judgment Order against
Great Lakes and order Great Lakes to pay the following delinquent fringe benefit contributions
and Union dues to Plaintiffs:
a. $237,725.85 in delinquent fringe benefit and CRF contributions;
b. $166,692.48 in interest and liquidated damages for unpaid fringe benefit contributions;
c. $6,949.51 in delinquent Union dues; to Local 150;
d. $26,681.25 for reasonable attorneys’ fees;
e. $622.59 for costs of this action;

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for total Consent Judgment amount of $438,671.68, and dismiss Plaintiffs’ claims against L&M
Fabrication, LLC without prejudice.
Dated: March 6, 2018

Respectfully submitted,

By: /s/ Melinda S. Hensel
One of the Attorneys for Plaintiffs

By: /s/ Burr Anderson__________
One of the Attorneys for Defendant Great
Lakes

Melinda S. Hensel
([e-mail])
Institute for Worker Welfare, P.C.
6141 Joliet Road
Countryside, IL 60525
Ph: [phone]
Fx: [phone]

Burr E. Anderson
([e-mail])
Anderson Law Offices, P.C.
400 Lake Cook Road - Suite 221-A
Deerfield IL 60015-4930
Ph: [phone]

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