Laborers' Pension Fund et al v. ABN Building Maintenance

Filing 59

MOTION by Plaintiffs Construction & General Laborers' District Council of Chicago & Vicinity, James S. Jorgensen, Laborers' Pension Fund, Laborers' Welfare Fund of the Health and Welfare Department of the Construction and General Laborers' District Council of Chicago and Vicinity, The Chicago Laborers' District Council Retiree Health and Welfare Fund for judgment (Liska, G)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
LABORERS’ PENSION FUND and
LABORERS’ WELFARE FUND OF THE
HEALTH AND WELFARE DEPARTMENT
OF THE CONSTRUCTION AND GENERAL
LABORERS’ DISTRICT COUNCIL OF
CHICAGO AND VICINITY, THE CHICAGO
LABORERS’ DISTRICT COUNCIL RETIREE
HEALTH AND WELFARE FUND and JAMES
S. JORGENSEN, Administrator of the Funds,
CONSTRUCTION & GENERAL LABORERS’
DISTRICT COUNCIL OF CHICAGO &
VICINITY
Plaintiffs,
v.
ABN BUILDING MAINTENANCE INC., an
Illinois corporation,
Defendant.

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Case No. 17 C 5758
Judge SCHENKIER

MOTION FOR ENTRY OF FINAL JUDGMENT
NOW COME Plaintiffs, Laborers’ Pension Fund, Laborers’ Welfare Fund of the Health
and Welfare Department of the Construction and General Laborers’ District Council of Chicago
and Vicinity, the Chicago Laborers’ District Council Retiree Health and Welfare Fund, and
James Jorgenson, not individually, but as Administrator of the Funds, (collectively "Funds") by
and through their attorney G. Ryan Liska, and the Construction & General Laborers' District
Council of Chicago & Vicinity ("Union") by and through its attorney Christina Wernick and
hereby file this Motion for Final Judgment pursuant to Fed. R. Civ. P. 54(b) and state as follows.
1.

On August 7, 2019, this Court granted the Union's motion for summary judgment

on Count III and entered judgment in favor of the Union and against ABN in the amount of
$717,040.51. (Docket No. 56).

2.

The Union did not request a Fed. R. Civ. P. 54(b) finding in conjunction with its

motion for summary judgment. As a result, the judgment entered by the Court on August 7,
2019 was not a final judgment due to the pending Counts I and II.
3.

The periods of fringe benefit liability and damages requested by the Funds in

Counts I and II involved the identical periods of liability and damages awarded by the Court in
its Count III judgment order entered on August 7, 2019. As a result, the Funds filed a Motion to
Voluntarily Dismiss Counts I and II of the Amended Complaint pursuant to Fed. R. Civ. P.
41(a)(2). That motion was filed simultaneously with this motion.
6.

The anticipated dismissal of Count I and II pursuant to Fed. R. Civ. P. 41(a)(2)

and the granting of the Motion for Summary Judgment on Count III disposes all claims against
all parties; however, the Seventh Circuit has stated that summary judgment on one claim,
followed by dismissal without prejudice of the remaining claims, "does not terminate the
litigation in the district court in any realistic sense and so is not a final decision within the
meaning of 28 U.S.C. § 1291, which authorizes the appeal of such decisions." ITOFCA, Inc. v.
MegaTrans Logistics, Inc., 235 F.3d 360, 363 (7th Cir. 2000). In order to make the order for
summary judgment a final order sufficient for appellate jurisdictional issues under § 1291 (and to
allow the Funds to conduct collection proceedings), entry of judgment under Fed. R. Civ. P.
54(b) is required.
7.

All claims in the lawsuit have been disposed of -either via motion for summary

judgment or voluntary dismissal order- and there is no just reason to delay the appeal process or
collection of the judgment.
WHEREFORE, Plaintiffs, Laborers’ Pension Fund et al. and the Construction & General

Laborers' District Council of Chicago & Vicinity ("Union") requests this Court grant its Motion
for Final Judgment pursuant to Fed. R. Civ. P. 54(b) and enter a finding that its August 7, 2019
Order granting motion for summary judgment in favor of Union and against Defendant ABN
Building Maintenance, Inc. is a final order and the for any other relief deemed just and equitable.
Dated: September 23, 2019
Respectfully submitted,
The Construction and General Laborers'
District Council of Chicago and Vicinity
By: /s/ Christina Krivanek Wernick
Laborers' District Council
999 McClintock, Suite 300
Burr Ridge, IL 60527
Respectfully submitted,
By:
G. Ryan Liska
Office of Fund Counsel
Laborers’ Pension and Welfare Funds
111 West Jackson, Suite 1415
Chicago, IL 60604
[phone]

/s/ G. Ryan Liska

CERTIFICATE OF SERVICE
The undersigned certifies that she caused a copy of the foregoing Motion for Entry of
Final Judgment to be served upon the following persons via the Court’s electronic notification
system this 23rd day of September, 2019.
Megan M. Moore
Allocco, Miller & Cahill, P.C.
20 N. Wacker Drive, Suite 3517
Chicago, IL 60606

By: /s/ G. Ryan Liska