THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION
November 8, 2007
LINE CONSTRUCTION BENEFIT FUND, A HEALTH AND WELFARE FUND, PLAINTIFF,
W. L. COLEMAN, LLC, A TEXAS LIMITED LIABILITY CORPORATION, DEFENDANT.
The opinion of the court was delivered by: Judge Gettleman
Mag. Judge Keys
MOTION TO VACATE ORDER OF DISMISSAL, TO REINSTATE ACTION, AND FOR ENTRY OF JUDGMENT
NOW COME the Plaintiff and moves this Honorable Court to vacate Order of Dismissal entered on July 31, 2007, a copy of which is attached hereto as Plaintiff's Exhibit "A", and to reinstate Plaintiff's cause of action instanter, and for entry of judgment against the Defendant.
In support of Plaintiff's Motion, Plaintiff states as follows:
1) That pursuant to Settlement Agreement, executed by the parties, a copy of which is attached hereto as Plaintiff's Exhibit "B," the parties agreed to a dismissal of the pending action.
2) That notwithstanding the provisions of the Settlement Agreement, specifically paragraph 2 thereof, the Defendant made only the initial payment due of $3,527.37, which payment was tendered by a check which was returned by Defendant's Bank as "NSF".
WHEREFORE, in accordance with the provisions of the Order of Dismissal, Exhibit "A", Plaintiff prays that the Order of Dismissal be vacated instanter, Plaintiff's cause of action be reinstated, and that judgment enter in favor of Plaintiff and against the Defendant in the amount of $20,738.70, as and for the outstanding delinquencies calculated pursuant to the Settlement Agreement, which amount does not include any current delinquencies which may be due.
That Plaintiff also prays that judgment enter for Plaintiff's attorneys' fees and costs incurred as a result of the Defendant's non-compliance with the provisions of the parties' Stipulation to Dismiss.
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