GL&B has not filed a memorandum of law in response to the Funds' motion for summary judgment nor has it filed a statement in response to the Funds' statement of uncontested facts, as required by Local General Rule 12(N). Accordingly, the following facts are deemed to be admitted. Schulz v. Serfilco, Ltd., 965 F.2d 516, 519 (7th Cir. 1992); Appley v. West, 929 F.2d 1176, 1180 (7th Cir. 1991).
The Funds are multi-employer trust funds which receive contributions pursuant to collective bargaining agreements reached between various employers and local affiliates of the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America ("IBT"). GL&B is a Missouri corporation engaged in the trucking business. From October 10, 1977 to September 30, 1993, GL&B was a signatory to a collective bargaining agreement with IBT Local Union Number 600. Under the agreement, GL&B agreed to make contributions to the Funds on behalf of covered employees, including truck drivers and dock workers.
During the period of October 3, 1977 through September 30, 1993, GL&B reported the work history of its employees with one exception. GL&B employed William Higgins ("Mr. Higgins") as a truck driver and/or dock worker during each week for the period of June 4, 1978 through July 10, 1982. Consequently, GL&B was obligated to report the work history of Mr. Higgins and to pay contributions on his behalf during this period. However, GL&B neglected to do so. The Funds did not know about Mr. Higgins' employment at GL&B from June 4, 1978 to July 10, 1982.
The contributions owed to the Pension Fund on behalf of Mr. Higgins total $ 9,330.00, and interest thereon through October 20, 1994 totals $ 12,303.16. The contributions owed to the Health and Welfare Fund on behalf of Mr. Higgins total $ 7369.00 and interest thereon through October 20, 1994 totals $ 10,863.89. In addition, GL&B owes unpaid contributions to the Pension Fund for 1992 and 1993 totalling $ 16,235.36, and interest thereon through October 20, 1994 totals $ 1,669.67. GL&B also owes unpaid contributions to the Health and Welfare Fund for 1993 totalling $ 6,660.96, and interest thereon through October 20, 1994 totals $ 605.33. The entire amount owed to both Funds totals $ 65,037.37.
It is well settled that a party opposing summary judgment may not rely on the allegations of its pleadings. FED. R. CIV. P. 56(e); Waldridge v. American Hoechst Corp., 24 F.3d 918, 920 (7th Cir. 1994). Rather,
the adverse party's response, by affidavits or as otherwise provided in this rule, must set forth specific facts showing that there is a genuine issue for trial. If the adverse party does not so respond, summary judgment, if appropriate, shall be entered against the adverse party.