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Laborers' Pension Fund v. Ghezzi Masonry Construction

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION


June 10, 2009

LABORERS' PENSION FUND AND LABORERS' WELFARE FUND OF THE HEALTH AND WELFARE DEPARTMENT OF THE CONSTRUCTION AND GENERAL LABORERS' DISTRICT COUNCIL OF CHICAGO AND VICINITY, AND JAMES S. JORGENSEN, ADMINISTRATOR OF THE FUNDS, PLAINTIFFS,
v.
GHEZZI MASONRY CONSTRUCTION, INC., DEFENDANT,

The opinion of the court was delivered by: Judge Gottschall

JUDGMENT ORDER

This cause coming before the Court on the Plaintiffs' Motion to Reinstate this Cause and for Entry of Judgment, due notice having been given to the defendant Ghezzi Masonry Construction, Inc.

IT IS HEREBY ORDERED:

1. This Court reinstates this cause and consistent with the Settlement Agreement amends the complaint adding defendant, Gary Ghezzi.

2. Judgment is entered on behalf of the Laborers' Pension Fund, et al, and against Ghezzi Masonry Construction, Inc., and Gary Ghezzi for a total amount of $6,438.24, which is consistent with the parties' Settlement Agreement and consists of the amount paid to the Funds in connection with the Settlement Agreement and the Installment Note plus payment of attorneys' fees and costs in the amount of $3,455.50.

3. Ghezzi Masonry Construction, Inc., and defendant Gary Ghezzi are obligated by the collective bargaining agreement, the Trust Agreements, and rules and regulations promulgated thereto, to report and pay contributions based on hours worked by covered employees to the Laborers' Funds by the 10th day of month following the month in which the work has been performed.

4. As required by the parties' collective bargaining agreement, all employers are required to procure, carry and maintain a surety bond in an amount that is satisfactory to the Union. This bond is required to guarantee the payment of wages, Pension and Welfare Trust contributions during the term of the Agreement. Plaintiffs request that defendants within 60 days of the date of this judgment order provide written proof that it has obtained such a surety bond to plaintiffs' counsel, Karen I. Engelhardt, Esq., Allison, Slutsky & Kennedy, P.C., 230 W. Monroe Street, Suite 2600, Chicago, IL 60606.

20090610

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