MICHAEL HAFFNER, as Trustee of the CHAUFFEURS, TEAMSTERS & HELPERS LOCAL UNION NO. 301 HEALTH & WELFARE FUND and as Trustee of the CHAUFFEURS, TEAMSTERS & HELPERS LOCAL UNION NO. 301 PENSION FUND, Plaintiff,
ARROW MARINE TRANSPORT, INC., Defendant.
Laura L. Fischer, ARDC #:
6304745, CARMELL CHARONE WIDMER, MOSS & BARR, Chicago, Illinois, Attorney for
PLAINTIFF'S MOTION FOR JUDGMENT BY CONFESSION
VIRGINIA M. KENDALL, District Judge.
Plaintiff Michael Haffner, as Trustee of the Chauffeurs, Teamsters & Helpers Local Union No. 301 Health & Welfare Fund and of the Chauffeurs, Teamsters & Helpers Local Union No. 301 Pension Fund, moves for judgment by confession against Defendant Arrow Marine Transport, Inc. ("Arrow Marine"), and in support thereof states:
1. This case arises pursuant to Section 502(a)(3) of the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1132(a)(3) to collect delinquent employee benefit fund contributions.
2. The Complaint in this matter was filed with the Court on August 27, 2012. (Dkt. #1). The executed Summons confirming service of the Complaint on Arrow Marine was filed on September 12, 2012. (Dkt. #5).
3. Pursuant to an Agreed Motion for Extension of Time, the Court ordered Arrow Marine's Answer to be filed by November 18, 2012. (Dkt. ##8, 10).
4. On November 16, 2012, the parties executed a Settlement and Installment Agreement ("Agreement"). (Dkt. #15-1).
5. On November 20, 2012, the parties filed a Joint Motion for Entry of Agreed Order of Dismissal. (Dkt. #15).
6. On December 3, 2012, the court entered an Agreed Order of Dismissal based on the parties' settlement, and retained jurisdiction for purposes of enforcing the Agreement. (Dkt. #20).
THE TERMS OF THE AGREEMENT
7. Pursuant to Paragraph 1 of the Agreement concerning "Current Contributions, " Arrow Marine agreed to make payments to the Funds so as to become completely current on amounts due and owing the Funds, including contributions that become due during the life of the Agreement, on or before March 1, 2013. (Dkt. #15-1, Page ID #113).
8. Pursuant to Paragraph 2 of the Agreement concerning "Previous Delinquencies, " Arrow Marine agreed to pay previous delinquencies for the period of January 1, 2008 through December 31, 2009, plus 3% annual interest, in the total amount of $105, 553.80. (Dkt. #15-1, Page ID #113).
9. The Agreement provides:
4.c) Acceleration.. In the event the Employer fails to make any payment required by this Agreement or any timely current contribution to the Funds when due, the remaining unpaid balance (including delinquent contributions, liquidated damages and interest), plus all attorneys' fees and costs incurred by Funds in ...