Employers and Operating Engineers Local 520 Pension Fund et al v. Concrete Coring Company of St. Louis, Inc.

Filing 31

CONSENT JUDGMENT Approved by Judge J. Phil Gilbert on 4/23/2013. (jdh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
EMPLOYERS AND OPERATING ENGINEERS LOCAL
520 PENSION FUND, an employee benefit plan, and
RONALD KAEMPFE, EUGENE KEELEY, PETE KORTE,
RONALD JOHNSON, MICHAEL PARKINSON, and
ROBERT K. GERMANN, in their representative capacities as
Trustees of the Employers and Operating Engineers Local 520
Pension Fund, and EMPLOYERS AND OPERATING
ENGINEERS LOCAL 520 HEALTH AND WELFARE
FUND, and RONALD KAEMPFE, EUGENE KEELEY,
RONALD JOHNSON, PETE KORTE, MICHAEL
PARKINSON, and ROBERT K. GERMANN, in their
representative capacities as Trustees of the Employers and
Operating Engineers Local 520 Health and Welfare Fund, and
OPERATING ENGINEERS LOCAL 520 JOINT
APPRENTICESHIP AND TRAINING FUND, and EUGENE
KEELEY, MICHAEL LUHR, MICHAEL PARKINSON,
RONALD JOHNSON, MARK JOHNSON, and GARY
THIEMS, in their representative capacities as Trustees of the
Operating Engineers Local 520 Joint Apprenticeship and
Training Fund, and EMPLOYERS AND OPERATING
ENGINEERS LOCAL 520 VACATION FUND, and
CHARLES MAHONEY, TIM KEELEY, RONALD
JOHNSON, DAVID BAXMEYER, TERRY MACZURA and
MARK JOHNSON, in their representative capacities as
Trustees of the Employers and Operating Engineers Local 520
Vacation Fund, and OPERATING ENGINEERS LOCAL 520
ANNUITY TRUST FUND, and RONALD JOHNSON,
HENRY ROHWEDDER, MICHAEL PARKINSON,
KENNETH J. KILIAN, KEN TOENNIES, and RONALD
KAEMPFE, in their representative capacities as Trustees of
the Operating Engineers Local 520 Annuity Trust Fund,

Case No. 12-cv-754-JPG-DGW

Plaintiffs,
v.
CONCRETE CORING COMPANY OF ST. LOUIS, INC.,
a Missouri corporation.
CONSENT JUDGMENT
This matter having come before the Court, and the parties having stipulated to entry of
judgment as follows,
IT IS HEREBY ORDERED AND ADJUDGED THAT judgment is entered in favor of
plaintiffs Employers and Operating Engineers Local 520 Pension Fund, et al., and against defendant
Concrete Coring Company of St. Louis, Inc. in the amount of $59,696.65, which represents fringe
benefit contributions, liquidated damages, audit fees, attorneys’ fees and court costs owed through
July 2012;
IT IS FURTHER ORDERED AND ADJUDGED that execution on the judgment amount
shall be stayed so long as defendant complies with the following conditions:

Defendant shall make payments to plaintiffs pursuant to the following schedule:
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$1,989.89 due on or before April 30, 2013;
$1,989.89 due on or before May 30, 2013;
$1,989.89 due on or before June 30, 2013;
$1,989.89 due on or before July 30, 2013;
$1,989.89 due on or before August 30, 2013;
$1,989.89 due on or before September 30, 2013;
$1,989.89 due on or before October 30, 2013;
$1,989.89 due on or before November 30, 2013;
$1,989.89 due on or before December 30, 2013;
$1,989.89 due on or before January 30, 2014;
$1,989.89 due on or before February 28, 2014;
$1,989.89 due on or before March 30, 2014;
$1,989.89 due on or before April 30, 2014;
$1,989.89 due on or before May 30, 2014;
$1,989.89 due on or before June 30, 2014;
$1,989.89 due on or before July 30, 2014;
$1,989.89 due on or before August 30, 2014;
$1,989.89 due on or before September 30, 2014;
$1,989.89 due on or before October 30, 2014;
$1,989.89 due on or before November 30, 2014;
$1,989.89 due on or before December 30, 2014;
$1,989.89 due on or before January 30, 2015;
$1,989.89 due on or before February 28, 2015;
$1,989.89 due on or before March 30, 2015;
$1,989.89 due on or before April 30, 2015;
$1,989.89 due on or before May 30, 2015;
$1,989.89 due on or before June 30, 2015;
$1,989.89 due on or before July 30, 2015;
$1,989.89 due on or before August 30, 2015;
$1,989.89 due on or before September 30, 2015.

Defendant shall submit its reports and contributions to the Operating Engineers Local 520
Funds on or before the date due as set forth in the collective bargaining agreement to which
defendant is party, or to which defendant becomes party during the period set forth above (on
or before September 30, 2015).
If defendant fails to make a payment when due as set forth above, or fails to submit its
reports and contributions as set forth above, the entire judgment, less any payments
made, shall become immediately due.
NANCY J. ROSENSTENGEL, Clerk of Court
Dated: April 23, 2013

Approved:

s/ Jina Hoyt, Deputy Clerk

s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

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