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)
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?