Mid-America Carpenters Regional Council Pension Fund et al v. Riteway-Huggins Construction, Inc.

Filing 43

MOTION by Plaintiffs Mid-America Carpenters Regional Council Pension Fund, Mid-America Carpenters Regional Council Health Fund, Mid-America Carpenters Regional Council Apprentice and Trainee Program, Mid-America Carpenters Regional Council Supplemental Retirement Fund for judgment (McJessy, Kevin)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION MID-AMERICA CARPENTERS REGIONAL COUNCIL PENSION FUND; MID-AMERICA CARPENTERS REGIONAL COUNCIL HEALTH FUND; MID-AMERICA CARPENTERS REGIONAL COUNCIL APPRENTICE AND TRAINEE PROGRAM; and MID-AMERICA CARPENTERS REGIONAL COUNCIL SUPPLEMENTAL RETIREMENT FUND, Plaintiffs, 22 CV 5272 Judge Manish S. Shah Magistrate Judge Maria Valdez v. RITEWAY-HUGGINS CONSTRUCTION, INC., an Illinois corporation, Defendant. PLAINTIFFS’ MOTION FOR ENTRY OF JUDGMENT DUE TO DEFENDANT’S DEFAULT UNDER FEBRUARY 2, 2024 CONSENT ORDER Plaintiffs Mid-America Carpenters Regional Council Pension Fund et al. (“Plaintiffs”) by and through their attorneys, hereby move this Court pursuant to the terms of the Consent Order dated February 2, 2024 to enter judgment against Defendant Riteway-Huggins Construction, Inc. (“Defendant”) pursuant to the Consent Order agreed to by the parties to settle this lawsuit. In support thereof, Plaintiffs state as follows: 1. Plaintiffs are multi-employer funded fringe benefit funds that collect fringe benefit contributions from employers that have agreed to be bound by the collective bargaining agreement (“CBA”) between the employers' associations and the Mid-America Carpenters Regional Council ("Union"). (J. Conklin Decl. ¶3, EX. 1) 2. Plaintiffs regularly audit the fringe benefit contributions of employers who have signed the CBA; and, when an employer fails to cooperate with Plaintiffs’ designated auditor by failing to produce its books and records for an audit, Plaintiffs routinely file a lawsuit against the employer to compel the production of the employer’s books and records and to collect any amounts found due and owing to Plaintiffs. (J. Conklin Decl. ¶4, EX. 1) 3. On September 27, 2022 Plaintiffs filed this lawsuit to compel Defendant to produce documents for an audit of its fringe benefit contributions and to pay all amounts found due and owing. (Complaint ¶¶1-3, ECF Doc. #1) 4. Plaintiffs and Defendant settled this matter pursuant to the terms of the Consent Order. (J. Conklin Decl. ¶6, EX. 1; Consent Order, ECF Doc. #42, EX. 2) A copy of the Consent Order is attached as Exhibit 2. The Consent Order was entered by this Court on February 2, 2024. (Consent Order at 2, EX. 2) 5. Pursuant to the terms of the Consent Order, Defendant was ordered to pay Plaintiffs $50,000.00 over a period of time with $2,778.00 due on or before the first day of each month: (1) Defendant shall pay Plaintiffs the total sum of fifty thousand dollars ($50,000.00) payable as follows: two thousand seven hundred seventy-eight dollars ($2,778.00) due on or before the first business day of each calendar month that is not a federally recognized holiday beginning February 1, 2024 for seventeen (17) months and a final payment of two thousand seven hundred seventy-four dollars ($2,774.00) on July 1, 2025. 6. In the event that Defendant defaulted on its obligation, then this lawsuit shall be reinstated for the purpose of entering judgment against Defendant for $50,000.00 plus attorney’s fees and costs incurred to enforce the order but less any amounts previously paid by Defendant. The Consent Order states: (4) If Defendant defaults on any obligation in paragraphs (1) through (3) of this Order and fails to cure said default within thirty (30) days after notice has been given by Plaintiffs to Defendant of the default, Plaintiffs shall have the right but not the obligation to reinstate this case for the purpose of modifying or amending this order to have judgment entered against Defendant for fifty thousand dollars ($50,000.00), plus any attorneys’ fees and costs incurred by Plaintiffs to enforce this order, and less any amounts paid by Defendant under this Order. Plaintiffs’ failure to enforce a default on any one or more occasion shall not modify this Order and thereafter shall not preclude Plaintiffs from enforcing a default on any other occasion. (5) The case is otherwise dismissed without prejudice and with leave to reinstate by a motion filed on or before August 1, 2025 consistent with paragraph (4). (Consent Order at 2, EX. 2) 7. Defendant made the payments identified as follows as the “Payment Amount” on the date identified as the “Payment Date”: Payment Due Date Feb. 1, 2024 Mar. 1, 2024 Apr. 1, 2024 May 1, 2024 Jun. 1, 2024 Jul. 1, 2024 Aug. 1, 2024 Sep. 1, 2024 Oct. 1, 2024 Nov. 1, 2024 Dec. 1, 2024 Jan. 1, 2025 Feb. 1, 2025 Mar. 1, 2025 Apr. 1, 2025 May 1, 2025 Jun. 1, 2025 Jul. 1, 2025 TOTAL Payment Amount Due $2,778.00 $2,778.00 $2,778.00 $2,778.00 $2,778.00 $2,778.00 $2,778.00 $2,778.00 $2,778.00 $2,778.00 $2,778.00 $2,778.00 $2,778.00 $2,778.00 $2,778.00 $2,778.00 $2,778.00 $2,774.00 $50,000.00 Payment Amount $2,774.00 $2,774.00 $2,774.00 $5,560.00 Payment Date Feb. 12, 2024 Mar. 7, 2024 May 20, 2024 Jul. 30, 2024 Past Due Amount ($4.00) ($8.00) ($12.00) $2,770.00 ($8.00) ($2,786.00) ($5,564.00) ($8,342.00) ($11,120.00) $13,882.00 (J. Conklin Dec. ¶7, EX. 1) Defendant paid $13,882.00 as of October 24, 2024. The amount currently overdue under the Consent Order is $11,120.00; and, the total amount unpaid under the Consent Order is $36,118.00. 8. Plaintiffs directed their counsel to issue a notice of default on or about July 10, 2024, a copy of which is attached as Exhibit 3. (J. Conklin Decl. ¶9, EX. 1) 9. Defendant failed to become current on the payments due under the Consent Order within thirty (30) days of the notice of default. (J. Conklin Decl. ¶¶7-10, EX. 1) 10. Plaintiffs have incurred an additional $1,947.50 in attorney’s fees to enforce the Consent Order. Accordingly, Plaintiffs also seek an additional $1,947.50 in attorney’s fees. (Decl. of K. McJessy ¶4, EX. 4). 11. Accordingly, Plaintiffs move this Court to vacate the dismissal without prejudice in the Court’s Consent Order and to enter a final judgment against Defendant in the amount of $38,065.50 pursuant to the Court’s Consent Order because Defendant defaulted on its obligations under the Consent Order. A proposed draft Judgment Order is attached as Exhibit 5. WHEREFORE, Plaintiffs move this Court to enter the Judgment Order attached as Exhibit 5 entering a final judgment against Defendant in the amount of $38,065.50. MID-AMERICA CARPENTERS REGIONAL COUNCIL PENSION FUND et al. By: Kevin P. McJessy MCJESSY, CHING & THOMPSON, LLC 3759 North Ravenswood, Suite 231 Chicago, Illinois 60613 (773) 880-1260 mcjessy@MCandT.com s/ Kevin P. McJessy One of Their Attorneys CERTIFICATE OF SERVICE I, Kevin McJessy, an attorney, certify that I caused the foregoing Plaintiffs’ Motion For Entry Of Judgment Due To Defendant’s Default Under February 2, 2024 Consent Order to be served upon all counsel of record via the Court’s CM/ECF system on October 24, 2024. By: s/ Kevin P. McJessy EXHIBIT 1 Case: 1:22-cv-05272 Document #: 42 Filed: 02/02/24 Page 1 of 3 PageID #:164 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION MID-AMERICA CARPENTERS REGIONAL COUNCIL PENSION FUND; MID-AMERICA CARPENTERS REGIONAL COUNCIL HEALTH FUND; MID-AMERICA CARPENTERS REGIONAL COUNCIL APPRENTICE AND TRAINEE PROGRAM; and MID-AMERICA CARPENTERS REGIONAL COUNCIL SUPPLEMENTAL RETIREMENT FUND, 22 CV 5272 Judge Manish S. Shah Magistrate Judge Maria Valdez Plaintiffs, v. RITEWAY-HUGGINS CONSTRUCTION, INC., an Illinois corporation, Defendant. CONSENT ORDER Plaintiffs Mid-America Carpenters Regional Council Pension Fund et al. (collectively “Plaintiffs”) and defendant Riteway-Huggins Construction, Inc. (“Defendant”), an Illinois corporation have agreed that Plaintiffs’ claims in this lawsuit should be resolved on the terms set forth in this Order. Defendant acknowledges service of the complaint in this matter and admits to the jurisdiction of this Court over it and the subject matter of this action. Plaintiffs and Defendant agree to resolve all matters in controversy in this action between them and any proceedings related thereto, and now consent to entry of this Consent Order by this Court in accordance herewith. Plaintiffs and Defendant agree that this case has been settled and that all issues and controversies in this case have been resolved to their mutual satisfaction on the terms agreed to in this Order. Upon consideration of the record herein, and as agreed to by the parties, the Court finds that it has jurisdiction to enter this Consent Order. IT IS THEREFORE ORDERED, ADJUDGED, and DECREED that: (1) Defendant shall pay Plaintiffs the total sum of fifty thousand dollars ($50,000.00) payable as follows: two thousand seven hundred seventy-eight dollars ($2,778.00) due on or before the first EXHIBIT A Case: 1:22-cv-05272 Document #: 42 Filed: 02/02/24 Page 2 of 3 PageID #:165 business day of each calendar month that is not a federally recognized holiday beginning February 1, 2024 for seventeen (17) months and a final payment of two thousand seven hundred seventy-four dollars ($2,774.00) on July 1, 2025. (2) All payments shall either be made by check payable to “Mid-America Carpenters Regional Council Pension Fund” and delivered to “Mid-America Carpenters Regional Council Pension Benefit Fund, 12 East Erie Street, Suite 800, Chicago, IL 60611” or by wire transfer to the account designated in writing by Plaintiffs. (3) Defendant shall remain current submitting its monthly Combined Fringe Benefit Funds and Dues Checkoff Report and corresponding monthly payment to Plaintiffs for each month from February 1, 2024 and continuing through July 1, 2025. (4) If Defendant defaults on any obligation in paragraphs (1) through (3) of this Order and fails to cure said default within thirty (30) days after notice has been given by Plaintiffs to Defendant of the default, Plaintiffs shall have the right but not the obligation to reinstate this case for the purpose of modifying or amending this order to have judgment entered against Defendant for fifty thousand dollars ($50,000.00), plus any attorneys’ fees and costs incurred by Plaintiffs to enforce this order, and less any amounts paid by Defendant under this Order. Plaintiffs’ failure to enforce a default on any one or more occasion shall not modify this Order and thereafter shall not preclude Plaintiffs from enforcing a default on any other occasion. (5) The case is otherwise dismissed without prejudice and with leave to reinstate by a motion filed on or before August 1, 2025 consistent with paragraph (4). (6) In the event that a motion to reinstate is not filed on or before August 1, 2025, then this case shall be deemed to be dismissed with prejudice without any further order of this Court. Case: 1:22-cv-05272 Document #: 42 Filed: 02/02/24 Page 3 of 3 PageID #:166 (7) Upon receipt by Plaintiffs of full payment of amounts due under this Order, Plaintiffs, their trustees, and officers shall then release and discharge Defendant, its principals, shareholders, directors, officers, successors and assigns from any and all claims, demands, causes of action of whatever kind or nature, in law, equity or otherwise, known or unknown, for amounts owed by Defendant to Plaintiffs pursuant to this Order. MID-AMERICA CARPENTERS REGIONAL COUNCIL PENSION FUND et al. RITEWAY-HUGGINS CONSTRUCTION, INC. By: By: s/ Kevin P. McJessy One of Their Attorneys Kevin P. McJessy MCJESSY, CHING & THOMPSON, LLC 3759 North Ravenswood, Suite 231 Chicago, Illinois 60613 773.880.1260 mcjessy@MCandT.com February 2, 2024 Date /s/ James X. Bormes One of Its Attorneys James X. Bormes JAMES X. BORMES, P.C. 8 South Michigan Ave., Suite 2600 Chicago, IL 60603 (312) 201-0575 jxbormes@bormeslaw.com ENTERED: ____________________________________ Manish S. Shah U.S. District Court Kevin P. McJessy Kevin McJessy (Licensed Illinois) Angela Ching (Licensed California) Kim Thompson (Licensed Illinois, California) 3759 N. Ravenswood, Suite 231 Chicago, Illinois 60613 (773) 880-1260 MAIN (773) 880-1261 DIRECT (773) 880-1265 FAX mcjessy@MCandT.com VIA EMAIL & U.S. MAIL July 10, 2024 James X. Bormes JAMES X. BORMES, P.C. 8 South Michigan Ave., Suite 2600 Chicago, IL 60603 RE: Notice Of Default Pursuant To Paragraph (4) Of The Consent Order Dated February 2, 2024 Mid-America Carpenters Regional Council Pension Fund et al. v. Riteway-Huggins Construction, Inc., 22-CV-5272, Account No. 19054 Dear Jim: Riteway-Huggins Construction, Inc. is three months behind on its payments for the attached consent order. The payments due the first day of May, June and July 2024 are all past due. Accordingly, Plaintiffs Mid-America Carpenters Regional Council Pension Fund et al. tender this Notice of Default pursuant paragraph 4 of the Consent Order. Sincerely, MCJESSY, CHING & THOMPSON, LLC Kevin P. McJessy KPM:smk Enclosure cc: John Conklin (via email) EXHIBIT B Case: 1:22-cv-05272 Document #: 42 Filed: 02/02/24 Page 1 of 3 PageID #:164 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION MID-AMERICA CARPENTERS REGIONAL COUNCIL PENSION FUND; MID-AMERICA CARPENTERS REGIONAL COUNCIL HEALTH FUND; MID-AMERICA CARPENTERS REGIONAL COUNCIL APPRENTICE AND TRAINEE PROGRAM; and MID-AMERICA CARPENTERS REGIONAL COUNCIL SUPPLEMENTAL RETIREMENT FUND, 22 CV 5272 Judge Manish S. Shah Magistrate Judge Maria Valdez Plaintiffs, v. RITEWAY-HUGGINS CONSTRUCTION, INC., an Illinois corporation, Defendant. CONSENT ORDER Plaintiffs Mid-America Carpenters Regional Council Pension Fund et al. (collectively “Plaintiffs”) and defendant Riteway-Huggins Construction, Inc. (“Defendant”), an Illinois corporation have agreed that Plaintiffs’ claims in this lawsuit should be resolved on the terms set forth in this Order. Defendant acknowledges service of the complaint in this matter and admits to the jurisdiction of this Court over it and the subject matter of this action. Plaintiffs and Defendant agree to resolve all matters in controversy in this action between them and any proceedings related thereto, and now consent to entry of this Consent Order by this Court in accordance herewith. Plaintiffs and Defendant agree that this case has been settled and that all issues and controversies in this case have been resolved to their mutual satisfaction on the terms agreed to in this Order. Upon consideration of the record herein, and as agreed to by the parties, the Court finds that it has jurisdiction to enter this Consent Order. IT IS THEREFORE ORDERED, ADJUDGED, and DECREED that: (1) Defendant shall pay Plaintiffs the total sum of fifty thousand dollars ($50,000.00) payable as follows: two thousand seven hundred seventy-eight dollars ($2,778.00) due on or before the first Case: 1:22-cv-05272 Document #: 42 Filed: 02/02/24 Page 2 of 3 PageID #:165 business day of each calendar month that is not a federally recognized holiday beginning February 1, 2024 for seventeen (17) months and a final payment of two thousand seven hundred seventy-four dollars ($2,774.00) on July 1, 2025. (2) All payments shall either be made by check payable to “Mid-America Carpenters Regional Council Pension Fund” and delivered to “Mid-America Carpenters Regional Council Pension Benefit Fund, 12 East Erie Street, Suite 800, Chicago, IL 60611” or by wire transfer to the account designated in writing by Plaintiffs. (3) Defendant shall remain current submitting its monthly Combined Fringe Benefit Funds and Dues Checkoff Report and corresponding monthly payment to Plaintiffs for each month from February 1, 2024 and continuing through July 1, 2025. (4) If Defendant defaults on any obligation in paragraphs (1) through (3) of this Order and fails to cure said default within thirty (30) days after notice has been given by Plaintiffs to Defendant of the default, Plaintiffs shall have the right but not the obligation to reinstate this case for the purpose of modifying or amending this order to have judgment entered against Defendant for fifty thousand dollars ($50,000.00), plus any attorneys’ fees and costs incurred by Plaintiffs to enforce this order, and less any amounts paid by Defendant under this Order. Plaintiffs’ failure to enforce a default on any one or more occasion shall not modify this Order and thereafter shall not preclude Plaintiffs from enforcing a default on any other occasion. (5) The case is otherwise dismissed without prejudice and with leave to reinstate by a motion filed on or before August 1, 2025 consistent with paragraph (4). (6) In the event that a motion to reinstate is not filed on or before August 1, 2025, then this case shall be deemed to be dismissed with prejudice without any further order of this Court. Case: 1:22-cv-05272 Document #: 42 Filed: 02/02/24 Page 3 of 3 PageID #:166 (7) Upon receipt by Plaintiffs of full payment of amounts due under this Order, Plaintiffs, their trustees, and officers shall then release and discharge Defendant, its principals, shareholders, directors, officers, successors and assigns from any and all claims, demands, causes of action of whatever kind or nature, in law, equity or otherwise, known or unknown, for amounts owed by Defendant to Plaintiffs pursuant to this Order. MID-AMERICA CARPENTERS REGIONAL COUNCIL PENSION FUND et al. RITEWAY-HUGGINS CONSTRUCTION, INC. By: By: s/ Kevin P. McJessy One of Their Attorneys Kevin P. McJessy MCJESSY, CHING & THOMPSON, LLC 3759 North Ravenswood, Suite 231 Chicago, Illinois 60613 773.880.1260 mcjessy@MCandT.com February 2, 2024 Date /s/ James X. Bormes One of Its Attorneys James X. Bormes JAMES X. BORMES, P.C. 8 South Michigan Ave., Suite 2600 Chicago, IL 60603 (312) 201-0575 jxbormes@bormeslaw.com ENTERED: ____________________________________ Manish S. Shah U.S. District Court Case: 1:22-cv-05272 Document #: 42 Filed: 02/02/24 Page 1 of 3 PageID #:164 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION MID-AMERICA CARPENTERS REGIONAL COUNCIL PENSION FUND; MID-AMERICA CARPENTERS REGIONAL COUNCIL HEALTH FUND; MID-AMERICA CARPENTERS REGIONAL COUNCIL APPRENTICE AND TRAINEE PROGRAM; and MID-AMERICA CARPENTERS REGIONAL COUNCIL SUPPLEMENTAL RETIREMENT FUND, Plaintiffs, 22 CV 5272 Judge Manish S. Shah Magistrate Judge Maria Valdez v. RITEWAY-HUGGINS CONSTRUCTION, INC., an Illinois corporation, Defendant. CONSENT ORDER Plaintiffs Mid-America Carpenters Regional Council Pension Fund et al. (collectively “Plaintiffs”) and defendant Riteway-Huggins Construction, Inc. (“Defendant”), an Illinois corporation have agreed that Plaintiffs’ claims in this lawsuit should be resolved on the terms set forth in this Order. Defendant acknowledges service of the complaint in this matter and admits to the jurisdiction of this Court over it and the subject matter of this action. Plaintiffs and Defendant agree to resolve all matters in controversy in this action between them and any proceedings related thereto, and now consent to entry of this Consent Order by this Court in accordance herewith. Plaintiffs and Defendant agree that this case has been settled and that all issues and controversies in this case have been resolved to their mutual satisfaction on the terms agreed to in this Order. Upon consideration of the record herein, and as agreed to by the parties, the Court finds that it has jurisdiction to enter this Consent Order. IT IS THEREFORE ORDERED, ADJUDGED, and DECREED that: (1) Defendant shall pay Plaintiffs the total sum of fifty thousand dollars ($50,000.00) payable as follows: two thousand seven hundred seventy-eight dollars ($2,778.00) due on or before the first EXHIBIT 2 Case: 1:22-cv-05272 Document #: 42 Filed: 02/02/24 Page 2 of 3 PageID #:165 business day of each calendar month that is not a federally recognized holiday beginning February 1, 2024 for seventeen (17) months and a final payment of two thousand seven hundred seventy-four dollars ($2,774.00) on July 1, 2025. (2) All payments shall either be made by check payable to “Mid-America Carpenters Regional Council Pension Fund” and delivered to “Mid-America Carpenters Regional Council Pension Benefit Fund, 12 East Erie Street, Suite 800, Chicago, IL 60611” or by wire transfer to the account designated in writing by Plaintiffs. (3) Defendant shall remain current submitting its monthly Combined Fringe Benefit Funds and Dues Checkoff Report and corresponding monthly payment to Plaintiffs for each month from February 1, 2024 and continuing through July 1, 2025. (4) If Defendant defaults on any obligation in paragraphs (1) through (3) of this Order and fails to cure said default within thirty (30) days after notice has been given by Plaintiffs to Defendant of the default, Plaintiffs shall have the right but not the obligation to reinstate this case for the purpose of modifying or amending this order to have judgment entered against Defendant for fifty thousand dollars ($50,000.00), plus any attorneys’ fees and costs incurred by Plaintiffs to enforce this order, and less any amounts paid by Defendant under this Order. Plaintiffs’ failure to enforce a default on any one or more occasion shall not modify this Order and thereafter shall not preclude Plaintiffs from enforcing a default on any other occasion. (5) The case is otherwise dismissed without prejudice and with leave to reinstate by a motion filed on or before August 1, 2025 consistent with paragraph (4). (6) In the event that a motion to reinstate is not filed on or before August 1, 2025, then this case shall be deemed to be dismissed with prejudice without any further order of this Court. Case: 1:22-cv-05272 Document #: 42 Filed: 02/02/24 Page 3 of 3 PageID #:166 (7) Upon receipt by Plaintiffs of full payment of amounts due under this Order, Plaintiffs, their trustees, and officers shall then release and discharge Defendant, its principals, shareholders, directors, officers, successors and assigns from any and all claims, demands, causes of action of whatever kind or nature, in law, equity or otherwise, known or unknown, for amounts owed by Defendant to Plaintiffs pursuant to this Order. MID-AMERICA CARPENTERS REGIONAL COUNCIL PENSION FUND et al. RITEWAY-HUGGINS CONSTRUCTION, INC. By: By: s/ Kevin P. McJessy One of Their Attorneys Kevin P. McJessy MCJESSY, CHING & THOMPSON, LLC 3759 North Ravenswood, Suite 231 Chicago, Illinois 60613 773.880.1260 mcjessy@MCandT.com February 2, 2024 Date /s/ James X. Bormes One of Its Attorneys James X. Bormes JAMES X. BORMES, P.C. 8 South Michigan Ave., Suite 2600 Chicago, IL 60603 (312) 201-0575 jxbormes@bormeslaw.com ENTERED: ____________________________________ Manish S. Shah U.S. District Court Kevin P. McJessy Kevin McJessy (Licensed Illinois) Angela Ching (Licensed California) Kim Thompson (Licensed Illinois, California) 3759 N. Ravenswood, Suite 231 Chicago, Illinois 60613 (773) 880-1260 MAIN (773) 880-1261 DIRECT (773) 880-1265 FAX mcjessy@MCandT.com VIA EMAIL & U.S. MAIL July 10, 2024 James X. Bormes JAMES X. BORMES, P.C. 8 South Michigan Ave., Suite 2600 Chicago, IL 60603 RE: Notice Of Default Pursuant To Paragraph (4) Of The Consent Order Dated February 2, 2024 Mid-America Carpenters Regional Council Pension Fund et al. v. Riteway-Huggins Construction, Inc., 22-CV-5272, Account No. 19054 Dear Jim: Riteway-Huggins Construction, Inc. is three months behind on its payments for the attached consent order. The payments due the first day of May, June and July 2024 are all past due. Accordingly, Plaintiffs Mid-America Carpenters Regional Council Pension Fund et al. tender this Notice of Default pursuant paragraph 4 of the Consent Order. Sincerely, MCJESSY, CHING & THOMPSON, LLC Kevin P. McJessy KPM:smk Enclosure cc: John Conklin (via email) EXHIBIT 3 Case: 1:22-cv-05272 Document #: 42 Filed: 02/02/24 Page 1 of 3 PageID #:164 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION MID-AMERICA CARPENTERS REGIONAL COUNCIL PENSION FUND; MID-AMERICA CARPENTERS REGIONAL COUNCIL HEALTH FUND; MID-AMERICA CARPENTERS REGIONAL COUNCIL APPRENTICE AND TRAINEE PROGRAM; and MID-AMERICA CARPENTERS REGIONAL COUNCIL SUPPLEMENTAL RETIREMENT FUND, Plaintiffs, 22 CV 5272 Judge Manish S. Shah Magistrate Judge Maria Valdez v. RITEWAY-HUGGINS CONSTRUCTION, INC., an Illinois corporation, Defendant. CONSENT ORDER Plaintiffs Mid-America Carpenters Regional Council Pension Fund et al. (collectively “Plaintiffs”) and defendant Riteway-Huggins Construction, Inc. (“Defendant”), an Illinois corporation have agreed that Plaintiffs’ claims in this lawsuit should be resolved on the terms set forth in this Order. Defendant acknowledges service of the complaint in this matter and admits to the jurisdiction of this Court over it and the subject matter of this action. Plaintiffs and Defendant agree to resolve all matters in controversy in this action between them and any proceedings related thereto, and now consent to entry of this Consent Order by this Court in accordance herewith. Plaintiffs and Defendant agree that this case has been settled and that all issues and controversies in this case have been resolved to their mutual satisfaction on the terms agreed to in this Order. Upon consideration of the record herein, and as agreed to by the parties, the Court finds that it has jurisdiction to enter this Consent Order. IT IS THEREFORE ORDERED, ADJUDGED, and DECREED that: (1) Defendant shall pay Plaintiffs the total sum of fifty thousand dollars ($50,000.00) payable as follows: two thousand seven hundred seventy-eight dollars ($2,778.00) due on or before the first Case: 1:22-cv-05272 Document #: 42 Filed: 02/02/24 Page 2 of 3 PageID #:165 business day of each calendar month that is not a federally recognized holiday beginning February 1, 2024 for seventeen (17) months and a final payment of two thousand seven hundred seventy-four dollars ($2,774.00) on July 1, 2025. (2) All payments shall either be made by check payable to “Mid-America Carpenters Regional Council Pension Fund” and delivered to “Mid-America Carpenters Regional Council Pension Benefit Fund, 12 East Erie Street, Suite 800, Chicago, IL 60611” or by wire transfer to the account designated in writing by Plaintiffs. (3) Defendant shall remain current submitting its monthly Combined Fringe Benefit Funds and Dues Checkoff Report and corresponding monthly payment to Plaintiffs for each month from February 1, 2024 and continuing through July 1, 2025. (4) If Defendant defaults on any obligation in paragraphs (1) through (3) of this Order and fails to cure said default within thirty (30) days after notice has been given by Plaintiffs to Defendant of the default, Plaintiffs shall have the right but not the obligation to reinstate this case for the purpose of modifying or amending this order to have judgment entered against Defendant for fifty thousand dollars ($50,000.00), plus any attorneys’ fees and costs incurred by Plaintiffs to enforce this order, and less any amounts paid by Defendant under this Order. Plaintiffs’ failure to enforce a default on any one or more occasion shall not modify this Order and thereafter shall not preclude Plaintiffs from enforcing a default on any other occasion. (5) The case is otherwise dismissed without prejudice and with leave to reinstate by a motion filed on or before August 1, 2025 consistent with paragraph (4). (6) In the event that a motion to reinstate is not filed on or before August 1, 2025, then this case shall be deemed to be dismissed with prejudice without any further order of this Court. Case: 1:22-cv-05272 Document #: 42 Filed: 02/02/24 Page 3 of 3 PageID #:166 (7) Upon receipt by Plaintiffs of full payment of amounts due under this Order, Plaintiffs, their trustees, and officers shall then release and discharge Defendant, its principals, shareholders, directors, officers, successors and assigns from any and all claims, demands, causes of action of whatever kind or nature, in law, equity or otherwise, known or unknown, for amounts owed by Defendant to Plaintiffs pursuant to this Order. MID-AMERICA CARPENTERS REGIONAL COUNCIL PENSION FUND et al. RITEWAY-HUGGINS CONSTRUCTION, INC. By: By: s/ Kevin P. McJessy One of Their Attorneys Kevin P. McJessy MCJESSY, CHING & THOMPSON, LLC 3759 North Ravenswood, Suite 231 Chicago, Illinois 60613 773.880.1260 mcjessy@MCandT.com February 2, 2024 Date /s/ James X. Bormes One of Its Attorneys James X. Bormes JAMES X. BORMES, P.C. 8 South Michigan Ave., Suite 2600 Chicago, IL 60603 (312) 201-0575 jxbormes@bormeslaw.com ENTERED: ____________________________________ Manish S. Shah U.S. District Court UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION MID-AMERICA CARPENTERS REGIONAL COUNCIL PENSION FUND; MID-AMERICA CARPENTERS REGIONAL COUNCIL HEALTH FUND; MID-AMERICA CARPENTERS REGIONAL COUNCIL APPRENTICE AND TRAINEE PROGRAM; and MID-AMERICA CARPENTERS REGIONAL COUNCIL SUPPLEMENTAL RETIREMENT FUND, Plaintiffs, 22 CV 5272 Judge Manish S. Shah Magistrate Judge Maria Valdez v. RITEWAY-HUGGINS CONSTRUCTION, INC., an Illinois corporation, Defendant. DECLARATION OF KEVIN P. MCJESSY I, Kevin P. McJessy, state as follows: 1. I am one of the attorneys representing the Mid-America Carpenters Regional Council Pension Fund et al. (“Plaintiffs”) in the above-captioned lawsuit (“Lawsuit”) against Riteway-Huggins Construction, Inc. (“Defendant”). 2. I have been licensed to practice law in the State of Illinois and the United States District Court for the Northern District of Illinois since 1995. I am an attorney with and a principal of McJessy, Ching & Thompson, LLC (“MC&T”). 3. As part of my practice, I handle claims under ERISA. I personally represented Plaintiffs in this Lawsuit since its inception. 4. Plaintiffs incurred $1,947.50 in attorney’s fees to enforce the Consent Order entered by this Court on February 2, 2024 as follows: EXHIBIT 4 Date Explanation Lwyr Hours Amount 5/10/2024 Prepared correspondence to J. Bormes regarding missed payments and need for Riteway Huggins Construction Inc. to get current; and, prepared correspondence to J. Conklin forwarding update of same. KM 0.20 $59.00 5/13/2024 Reviewed correspondence from J. Bormes advising his client will get caught up; and, prepared correspondence to J. Conklin forwarding same. KM 0.10 $30.00 7/10/2024 Reviewed correspondence from J. Conklin regarding unpaid amounts due on consent judgment; and, prepared notice of default to James Bormes KM 0.50 $147.50 KM 5.20 $1,711.00 10/23/2024 Prepared motion for entry of final judgment based upon default of Consent Order; prepared declaration of J. Conklin in support of motion for entry of final judgment; prepared declaration of K. McJessy in support of attorneys fees incurred to enforce Consent Order; prepared draft order in support of motion for entry of final judgment for default on consent order; and, reviewed file documents as necessary to prepare declarations and motion. Total 5. $1,947.50 The attorney’s fees charged to Plaintiffs in this matter are consistent with MC&T’s regular charges for services to Plaintiffs and reflect a discounted rate for ERISA collection work compared to the rate charged by MC&T to other clients for other types of matters. 6. I have personal knowledge of the matters stated in this affidavit. I declare under penalty of perjury that the foregoing is true and correct. /s/ Kevin P. McJessy Kevin P. McJessy October 24, 2024 Date

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