Chicago and Midwest Regional Joint Board, Workers United/SEIU v. American Ideal 1 Cleaners, Co. et al

Filing 25

MOTION by Plaintiff Chicago and Midwest Regional Joint Board, Workers United/SEIU Motion To Reinstate And Entry of Judgment, MOTION by Plaintiff Chicago and Midwest Regional Joint Board, Workers United/SEIU for judgment (Attachments: # 1 Exhibit A-C)(Lichtman, David)

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
CHICAGO AND MIDWEST REGIONAL
JOINT BOARD, WORKERS UNITED/SEIU,
Plaintiff,
v.
AMERICAN IDEAL 1 CLEANERS, CO., d/b/a
AMERICAN IDEAL CLEANING COMPANY,
an Illinois Corporation, and ETHAN SIM,
individually,
Defendants.

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Case No. 16 CV 08876
Judge John Z. Lee

MOTION TO REINSTATE AND FOR ENTRY OF JUDGMENT
Plaintiff CHICAGO & MIDWEST REGIONAL JOINT BOARD, WORKERS
UNITED/SEIU (“Union”), by its attorneys, Dowd, Bloch, Bennett, Cervone, Auebach & Yokich,
moves this Honorable Court to reinstate this case and enter judgment against Defendants
AMERICAN IDEAL 1 CLEANERS, CO., d/b/a AMERICAN IDEAL CLEANING
COMPANY, an Illinois Corporation (“American Ideal 1”), and ETHAN SIM (“Sim”), and in
support states:
1.

This action was brought under § 301 of the Labor Management Relations Act

(“LMRDA”) and the Illinois Wage Payment and Collections Act, 820 ILCS 115/1, et seq., (the
“Act”) against the Defendants American Ideal 1 Cleaners, Co. and Ethan Sim for their failure to
remit wage deductions to the Union.
2.

On February 15, 2017, the Plaintiff and Defendants entered into a Settlement

Agreement, whereby the Defendants agreed, in part, to pay a total of $7,717.03 over two
monthly installments on March 1, 2017 and April 1, 2017, respectively, and to remain current in

their monthly obligations to remit dues and fees to the Union. (Exhibit A, Settlement
Agreement, ¶¶ 2-3).
3.

On March 14, 2017, an Agreed Order of Dismissal was entered dismissing the

case with leave to reinstate pursuant to the Settlement Agreement. (Exhibit B, Agreed Order
of Dismissal).
4.

Under the Agreed Order, if the Defendants defaulted on either the monthly

installment payments or the monthly dues obligations, the Plaintiff had the right to reinstate the
case and enter judgment for the balance owed, plus all accrued interest and attorney’s fees and
costs incurred by the Union in its efforts to enforce the Agreed Order. (Id., ¶ 3).
5.

The Defendants are in default of the Agreed Order and have violated the terms of

the Settlement Agreement. First, the Defendants failed to make either of the monthly installment
payments due on March 1 and April 1, 2017, respectively, in violation of Paragraph 1 of the
Agreed Order. Therefore, the Defendants owe $7,717.03 for their breach of the Agreed Order.
6.

Second, the Defendants have failed to remain current in their monthly dues

remittance obligations since November 2016 and through the present, in violation of Paragraph 2
of the Agreed Order. (Exhibit C, Declaration of Roger Williams, ¶ 5).
7.

Based on American Ideal 1’s previous dues reports and remittances, the Union

estimates that American Ideal 1 has withheld and failed to remit the total sum of $ 4,057.88
between November 2016 and May 2017. (Id.)
WHEREFORE, Plaintiff prays that its motion to reinstate and enter judgment be granted
in the amount of $ 11,774.91 against Defendants American Ideal 1 Cleaners, Co. and Ethan Sim,
jointly and severally.

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Respectfully submitted,

By: /s/ David P. Lichtman
One of Plaintiff’s Attorneys
Robert S. Cervone
David P. Lichtman
Dowd, Bloch, Bennett
Cervone, Auerbach & Yokich
8 South Michigan Ave.
19th Floor
Chicago, IL 60603
[phone]

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