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Board of Trustees of Automobile Mechanics' Local No. 701 Union And Industry Pension Fund v. ULT Services L.P.

United States District Court, Seventh Circuit

May 28, 2013

BOARD OF TRUSTEES OF THE AUTOMOBILE MECHANICS' LOCAL NO. 701 UNION AND INDUSTRY PENSION FUND, Plaintiff,
v.
ULT SERVICES L.P. f/k/a UNITED LIFT TRUCK L.P., an Illinois Limited Partnership, And UNITED LIFT TRUCK, INC., an Illinois Corporation, Defendants.

PLAINTIFF'S MOTION FOR JUDGMENT IN SUM CERTAIN

CHARLES R. NORGLE, Magistrate Judge.

NOW COMES the Plaintiff, BOARD OF TRUSTEES OF THE AUTOMOBILE MECHANICS' LOCAL NO. 701 UNION AND INDUSTRY PENSION FUND, by and through its attorneys, JOHNSON & KROL, LLC, moves this Honorable Court for entry of Judgment in Sum Certain in favor of the Plaintiff and against the Defendants ULT SERVICES, L.P. f/k/a UNITED LIFT TRUCK, L.P. ("ULT LP") and UNITED LIFT TRUCK, INC. ("ULT INC."), jointly and severally, and in support states as follows:

1. On August 23, 2012, the Plaintiff filed their First Amended Complaint seeking a judgment for unpaid quarterly withdrawal liability installments, liquidated damages, interest and attorney's fees and costs pursuant to 29 U.S.C. §1399. (Docket Entry No. 30). (Docket Entry No. 28).
2. On September 20, 2012, the Plaintiff filed its Second Motion for Judgment on the Pleadings. (Docket Entry No. 30).
3. On May 15, 2013, this Honorable Court granted the Plaintiff's Second Motion for Judgment on the Pleadings. (Docket Entry No. 38).
4. However, the Court's Order did not enter judgment in sum certain because the quarterly installments outstanding at the time of the judgment was not known by the court. (Docket Entry No. 38).
5. As of May 22, 2013, the Defendants ULT LP and ULT INC. have failed to submit eight (8) quarterly installments required by the Plaintiff's Notice and Demand for Withdrawal Liability. See Exhibit 2 to the Plaintiff's First Amended Complaint (Docket Entry No. 28-2) (setting forth the quarterly installment schedule).
6. As of May 22, 2013, the Defendants ULT LP and ULT INC. owe a total of $819, 172.32 in unpaid quarterly installments, statutory interest and liquidated damages, as follows:

7. Defendants ULT LP and ULT INC. are liable to the Plaintiff for all attorney's fees and costs expended in collecting the withdrawal liability in the amount of $27, 668.36 pursuant to the Collective Bargaining Agreement, Pension Fund Trust Agreement and 29 U.S.C. § 1451(e). (Affidavit of Attorney's Fees is attached as Exhibit 2).
8. A proposed Final Judgment Order has been provided to the Court.

WHEREFORE, the Plaintiff respectfully requests that this Honorable Court enter a Judgment in Sum Certain in the aggregate amount of $846, 840.68 and grant the Plaintiff other relief that this Honorable Court deems to be just and equitable.

AFFIDAVIT OF STEVEN BUKOVAC

I, Steven Bukovac, hold the title of Fund Administrator to the AUTOMOBILE MECHANICS' LOCAL NO. 701 UNION AND INDUSTRY PENSION FUND. Being first duly sworn, on oath state that to the best of my knowledge the following is an accurate statement as to the monies owed by the Defendants ULT SERVICES, L.P. f/k/a UNITED LIFT TRUCK, L.P. ("ULT LP") and UNITED LIFT TRUCK, INC. ("ULT INC.") in the above-captioned matter:

1. Defendants ULT LP and ULT INC. owe the Plaintiff in the aggregate amount of $819, 172.32 for withdrawal liability, interest and liquidated damages as follows:

EXHIBIT

2

AFFIDAVIT OF ATTORNEY'S FEES AND COSTS

I, Jeffrey Krol, hold the title of Associate Attorney at the law firm of Johnson & Krol, LLC. Being first duly sworn, on oath deposes and states that to the best of my knowledge, the following is an accurate statement as to the attorney's fees and costs the Plaintiff has incurred in the above-captioned mattter:


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