Midwest Operating Engineers Welfare Fund et al v. Midwest Underground, Inc., a Dissolved Illinois Corporation et al

Filing 25

MOTION by Plaintiffs Construction Industry Research and Service Trust Fund, International Union of Operating Engineers, Local 150, AFL-CIO, Local 150 I.U.O.E. Vacation Savings Plan, Midwest Operating Engineers Pension Trust Fund, Midwest Operating Engineers Welfare Fund, Operating Engineers Local 150 Apprenticeship Fund for judgment [JOINT MOTION FOR CONSENT JUDGMENT] (Kiser, Charles)

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 I.U.O.E. Vacation Savings Plan;
International Union of Operating Engineers,
Local 150, AFL-CIO; and the Construction
Industry Research and Service Trust Fund,
Plaintiffs,
v.
Midwest Underground, Inc., a Dissolved Illinois
Corporation, and Larry Ernst, an Individual,
Defendants.

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Case No. 16-cv-11314
Judge: Edmond E. Chang
Magistrate Judge: M. David Weisman

JOINT MOTION FOR CONSENT JUDGMENT
Pursuant to the settlement agreement reached between the Parties, and the Court’s
October 19, 2017 Order, the Parties jointly move the Court to enter a Consent Judgment Order
containing the following terms:
WHEREAS, Defendant Midwest Underground, Inc. (“MWU”), does not dispute the
Complaint allegations against it; and MWU agrees to a consent judgment against it:
Then this Court finds:
1.

MWU has breached its contractual obligations under the collective bargaining

agreements and trust documents identified in the Complaint;
2.

As a result, MWU is liable to the Funds for the full amount of the breach identified

in the Complaint, plus attorneys’ fees and costs;
3.
case.

The Parties have agreed to dismiss, with prejudice, individual Larry Ernst from this

WHEREFORE, the Parties jointly request that this Court enter Judgment against MWU
and order MWU to pay the following delinquent contribution amounts to Plaintiffs:
$184,509.02 in delinquent fringe benefit, CRF contributions and Union dues
$12,400.00 in attorneys’ fees
$878.00 in costs
for a total consent judgment amount of $197,787.02;
and dismissing individual Larry Ernst from the case with prejudice.
Dated: November 13, 2017

Respectfully submitted,
By: /s/ Charles R. Kiser
One of the Attorneys for Plaintiffs

Charles R. Kiser ([e-mail])
Institute for Worker Welfare, P.C.
6141 Joliet Road
Countryside, IL 60525
Ph: [phone]
Fx: [phone]
By: /s/ Joseph K. Nichele
One of the Attorneys for Defendant
Joseph K. Nichele ([e-mail])
Emmet C. Fairfield ([e-mail])
Ronald J. Broida ([e-mail])
Broida and Nichele, Ltd
1250 East Diehl Road, Suite 108
Naperville, IL 60563
Ph. 630/245-1515

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