Central States Southeast And Southwest Areas Pension Fund et al v. Caldwell & Hartung, Inc.

Filing 13

MOTION by Plaintiffs Arthur H. Bunte, Jr, Central States Southeast And Southwest Areas Pension Fund, Central States, Southeast and Southwest Areas Health and Welfare Fund for judgment by Consent (Attachments: # 1 Exhibit 1)(Napoli, Anthony)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
CENTRAL STATES, SOUTHEAST AND
SOUTHWEST AREAS PENSION FUND;
CENTRAL STATES, SOUTHEAST AND
SOUTHWEST AREAS HEALTH AND
WELFARE FUND; and
ARTHUR H. BUNTE, JR., as Trustee,

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Plaintiffs,
v.
CALDWELL & HARTUNG, INC.,
an Iowa corporation,
Defendant.

Case No. 18 C 2075
Honorable Charles R. Norgle, Jr.
District Judge

PLAINTIFFS’ AGREED MOTION
FOR ENTRY OF CONSENT JUDGMENT
Central States, Southeast and Southwest Areas Pension Fund (the “Pension
Fund”), Central States, Southeast and Southwest Areas Health and Welfare Fund (the
“Health Fund” and with the Pension Fund collectively referred to as the “Funds”), and
Arthur H. Bunte, Jr., as Trustee, hereby move this Court to enter a consent judgment in
favor of the Pension fund and against Defendant, Caldwell & Hartung, Inc. (“Caldwell”).
In support of this agreed motion, Plaintiffs state as follows:
1.

Plaintiffs filed the Complaint to collect contributions and withdrawal liability,

interest and penalties from Caldwell under the Employee Retirement Income Security Act
of 1974 (“ERISA”) as amended by the Multiemployer Pension Plan Amendments Act of
1980, 29 U.S.C. § 1001 et seq.
2.

The parties have agreed to the entry of a consent judgment in favor of the

Funds and against Caldwell. A copy of the proposed Consent Judgment is attached

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hereto as Exhibit 1. The proposed Consent Judgment will also be submitted electronically
to the Court’s e-mail address for proposed orders.
3.

Prior to the filing of this motion, Plaintiffs’ counsel, Anthony E. Napoli,

communicated with Caldwell’s counsel, Mark Hansen, and Mr. Hansen stated that he
agreed to the granting of this motion.
WHEREFORE, Plaintiffs, Central States, Southeast and Southwest Areas Pension
Fund and Arthur H. Bunte, Jr., as Trustee, respectfully request that the Court enter the
Consent Judgment attached hereto as Exhibit 1.
Respectfully submitted,
/s/ Anthony E. Napoli
Anthony E. Napoli
Attorney for Plaintiffs
Central States Funds
9377 West Higgins Road, 10th Floor
Rosemont, Illinois 60018-4938
ARDC # 06210910
[e-mail]
December 10, 2018

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ATTORNEY FOR PLAINTIFFS

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CERTIFICATE OF SERVICE
I, Anthony E. Napoli, one of the attorneys for the Plaintiffs, certify that on December
10, 2018, I electronically filed the foregoing Plaintiffs’ Agreed Motion for Entry of Consent
Judgment with the Clerk of the Court using the ECF system. This filing was served on all
parties indicated on the electronic filing receipt via the ECF system.

/s/ Anthony E. Napoli
December 10, 2018

TM: 568969 / 18410092 / 12/10/18

ATTORNEY FOR PLAINTIFFS

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