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Board of Trustees v. Boston Plumbing, Inc.

United States District Court, Seventh Circuit

August 21, 2013

BOARD OF TRUSTEES of the PLUMBERS LOCAL UNION NO. 93 U.A., et al. Plaintiffs
v.
BOSTON PLUMBING, INC., Defendant.

PLAINTIFFS' MOTION TO REINSTATE LAWSUIT AND FOR IMMEDIATE ENTRY OF JUDGMENT AGAINST THE DEFENDANT BOSTON PLUMBING, INC.

Now come Plaintiffs, the BOARD OF TRUSTEES of the PLUMBERS' LOCAL UNION NO. 93 U.A., et al., by and through their attorneys, JOHNSON & KROL, LLC, and move this Honorable Court for an Order Reinstating the Lawsuit and for the Immediate Entry of a Judgment against the Defendant BOSTON PLUMBING, INC. ("Boston Plumbing") as follows:

1. On December 10, 2010, Plaintiffs filed their Complaint against Boston Plumbing for breach of contract to collect unpaid contributions owed by Boston Plumbing pursuant to the Collective Bargaining Agreement, Section 502 of the Employee Retirement Income Security Act ("ERISA") and Section 301 of the Labor-Management Relations Act (29 U.S.C. § 1132 and 185 (2006)).

2. On November 18, 2012, the Parties entered into a Settlement Agreement which permitted the Defendant Boston Plumbing to pay off the monies it owed to the Plaintiffs over a maximum of five (5) years. (A copy of the Settlement Agreement is attached as Exhibit 1).

3. Pursuant to the Settlement Agreement, the Parties agreed to the entry of a Stipulated Order of Dismissal with the Court to Retain Jurisdiction to Enforce the Terms of the Parties' Settlement Agreement. (Exhibit 1).

4. As contemplated by the Settlement Agreement, this Honorable Court entered a Stipulated Order of Dismissal with the Court to Retain Jurisdiction to Enforce the Terms of the Parties' Settlement Agreement on November 19, 2012. (Docket No. 95); (A copy of the Stipulated Order is attached as Exhibit 2).

5. The Settlement Agreement requires the Defendant Boston Plumbing to "submit weekly reports of hours worked by Covered Employees ("Contribution Reports") and pay contributions and union dues to the FRINGE FUNDS and UNION on a weekly basis throughout the duration of this Agreement." (Exhibit 1 ¶ 5).

6. The Settlement Agreement states that the failure to "submit Contribution Reports and payments in a timely manner pursuant to the requirements of this Agreement shall constitute a default on this Agreement." (Exhibit 1 ¶ 5).

7. The Settlement Agreement further provides that:

In the event BOSTON PLUMBING, default on any of their obligations under the terms of this Agreement: (A) all remaining payments referenced herein will be accelerated and become immediately due and payable; (B) BOSTON PLUMBING confesses and stipulates to a judgment in the amount of all unpaid amounts; (C) the FRINGE FUNDS and UNION shall be able to petition the Court to reopen the Lawsuit and to seek an immediate judgment against BOSTON PLUMBING for all unpaid amounts; and (D) in the event the FRINGE FUNDS and/or UNION are required to engage an attorney to collect any amounts due under this Agreement, BOSTON PLUMBING shall be liable for all reasonable attorney's fees and costs incurred by the FRINGE FUNDS and UNION. (Exhibit 1 ¶ 8).

8. As of August 20, 2013, the Defendant Boston Plumbing failed to submit payment of the contributions and union dues for the weeks ending July 20, 2013; July 27, 2013; August 3, 2013; August 10, 2013 by the deadlines imposed by the Settlement Agreement. (Affidavit of Spangle is attached as Exhibit 3).

9. As a result of the Defendant Boston Plumbing's breach of the Settlement Agreement, the Plaintiffs have accelerated the payment schedule and hereby demands payment of all amounts remaining due and owing under the Settlement Agreement. (Exhibit 3).

10. As of August 20, 2013, the Defendant Boston Plumbing owes $131, 218.75 under the breached Settlement Agreement. (Exhibit 3).

11. As a result of untimely paid weekly contribution payments, the Defendant Boston Plumbing also owes $3, 392.09 in liquidated damages through the week ending July 13, 2013. (Exhibit 3).

12. In addition, the Defendant Boston Plumbing owes contributions and union dues to the Plaintiff for the weeks ending July 20, 2013; July 27, 2013; August 3, 2013; and August 10, 2013 in an unknown amount. (Exhibit 3).

13. The Defendant Boston Plumbing is also responsible for the Plaintiffs' attorney's fees and costs accrued post-settlement in the amount of $2, 294.57 pursuant to the Settlement Agreement, Collective Bargaining Agreements, Trust Agreements and 29 U.S.C. § 1132(g). (Affidavit of Jeffrey Krol is attached as Exhibit 4).

14. The Plaintiffs seek an immediate judgment in the aggregate amount of $136, 905.41, an order which requires the Defendant Boston Plumbing to turnover all outstanding weekly contribution reports, an order which grants the Plaintiffs leave to file for final judgment upon receipt of the reports and for other relief that court deems to be just and equitable.

WHEREFORE, the Plaintiffs request that this Honorable Court:

A. Reinstate the lawsuit against the Defendant Boston Plumbing;
B. Enter an immediate judgment against the Defendant Boston Plumbing in the aggregate amount of $136, 905.41, which is itemized as follows:
a. $131, 218.75 under the breached Settlement Agreement;
b. $3, 392.09 in liquidated damages through the week ending July 13, 2013; and
c. $2, 294.57 in attorney's fees and costs.
C. Order the Defendant Boston Plumbing to turnover all outstanding weekly contribution reports to the Plaintiffs within five (5) days; and
D. Grant the Plaintiffs leave to petition this Honorable Court for entry of a final judgment to include all outstanding amounts that are due and owing in the weekly contribution reports; and
E. Grant the Plaintiffs other such relief that this Honorable Court deems to be just and equitable all at the Defendant's cost.

EXHIBIT 1

SETTLEMENT AGREEMENT

This Settlement Agreement ("Agreement"), by and between BOSTON PLUMBING, INC. ("BOSTON PLUMBING"), DANIEL BOSTON ("DANIEL BOSTON") and MICHAEL BOSTON ("MICHAEL BOSTON") and The Plumbers Local Union No. 93 U.A. Retirement Account Fund, The Plumbers Local Union No. 93 U.A. Pension Fund, The Plumbers Local Union No. 93 U.A. Health and Welfare Fund, The Joint Apprenticeship Committee Fund of the Plumbing and Heating Industry of Lake and McHenry Counties, and The Industry Advancement Fund, ("FRINGE FUNDS") and The Plumbers Local Union No. 93 U.A., ("UNION") is hereby entered into:

WHEREAS, DANIEL BOSTON is the President of BOSTON PLUMBING and MICHAEL BOSTON is the Vice-President of BOSTON PLUMBING;

WHEREAS, BOSTON PLUMBING is signatory to a Collective Bargaining Agreement and Working Contractor Agreement with the UNION;

WHEREAS, pursuant to the Collective Bargaining Agreement and Working Contractor Agreement to which BOSTON PLUMBING is bound, it incurred liability for unpaid contributions, union dues, liquidated damages, interest and attorney's fees to the FRINGE FUNDS and the UNION as follows:

Type of Delinquency: Amount: Working Contractor Contributions $59, 440.00 Working Contractor Liquidated Damages $7, 276.00 Working Contractor Interest $19, 743.50 Audit Contributions and Union Dues (2011 Audit) (1/1/08 to $8, 198.1111/30/10) Audit Liquidated Damages (1/1/08 to 11/30/10) $710.41 Audit Interest (1/1/08 to 11/30/10) $115.58 Audit Contributions and Union Dues (2012 Audit) (12/1/2010 to $5, 964.27 6/30/2012) Audit Liquidated Damages (12/1/2010 to 6/30/2012) $596.43 Audit Interest (12/1/2010 to 6/30/2012) $1, 429.32 Contributions and Union Dues per Monthly Contribution Reports $46, 658.97 (4/2012 to 8/2012) Liquidated Damages (12/2010 to 8/2012) $15, 853.28 Interest (12/2010 to 8/2012) $4, 940.57 Attorney's Fees and Costs (11/18/10 to 11/16/12) $49, 000.00 TOTAL: $219, 926.44

WHEREAS, the FRINGE FUNDS and UNION filed a lawsuit against BOSTON PLUMBING, MICHAEL BOSTON and DANIEL BOSTON in the United States District Court for the Northern District of Illinois, Eastern Division, Case No. 10-CV-7856 captioned as the Board of Trustees of the Plumbers Local 93 U.A., et al. v. Boston Plumbing, Inc. ("Lawsuit"), to collect the unpaid contributions, liquidated damages, interest and attorney's fees; WHEREAS, on August 27, 2012, the Honorable Judge Kennelly entered summary judgment against the Defendant BOSTON PLUMBING as to liability under the Working Contractor Agreement and the Collective Bargaining Agreement and requested that the Plaintiff file a motion for prove up as to damages;

WHEREAS, the FRINGE FUNDS and UNION have agreed to dismiss the lawsuit against BOSTON PLUMBING, MICHAEL BOSTON and DANIEL BOSTON, with a retention of jurisdiction to enforce the terms of this Agreement, on the agreement that BOSTON PLUMBING, MICHAEL BOSTON and DANIEL BOSTON comply with the obligations of this Agreement (A copy of the Stipulated Order of Dismissal with Retention of Jurisdiction is attached as Exhibit 1); and

WHEREAS, in exchange for the mutual promises herein, the FRINGE FUNDS and UNION have agreed to dismiss the Lawsuit against BOSTON PLUMBING, MICHAEL BOSTON and DANIEL BOSTON on the agreement that BOSTON PLUMBING, MICHAEL BOSTON and DANIEL BOSTON will make payments in accordance with the terms of this Agreement.

IT IS HEREBY AGREED AS FOLLOWS:

1. BOSTON PLUMBING, MICHAEL BOSTON and DANIEL BOSTON agree to make payment of $30, 000.00 within thirty (30) days of the execution of this Agreement. Upon receipt of the payment of $30, 000.00, the FRINGE FUNDS and the UNION agree that the claims brought against MICHAEL BOSTON and DANIEL BOSTON, personally, in the Lawsuit shall be forever released and waived.

2. If BOSTON PLUMBING, MICHAEL BOSTON and DANIEL BOSTON fail to make the $30, 000.00 payment required by Paragraph 1 above by the due date as required by this Agreement: (A) MICHAEL BOSTON and DANIEL BOSTON, jointly and severally, stipulate to a judgment in the amount of $70, 000.00; (B) BOSTON PLUMBING stipulates to a judgment in the amount of $219, 926.44; (C) the FRINGE FUNDS and UNION shall be able to petition the Court to reopen the Lawsuit and to seek an immediate judgment against MICHAEL BOSTON and DANIEL BOSTON, jointly and severally, in the amount of $70, 000.00; (D) the FRINGE FUNDS and UNION shall be able to petition the Court to reopen the Lawsuit and to seek an immediate judgment against BOSTON PLUMBING in the amount of $219, 926.44; and (E) in the event the FRINGE FUNDS and/or UNION are required to engage an attorney to collect any amounts due under this Agreement, MICHAEL BOSTON, DANIEL BOSTON and BOSTON PLUMBGING shall be liable for all reasonable attorney's fees and costs incurred by the FRINGE FUNDS and UNION.

3. BOSTON PLUMBING shall submit thirty-six (36) monthly payments to the FRINGE FUNDS and UNION to pay off the remaining principal balance of $150, 000.00. Each payment shall be due on the first (1st) day of each month beginning on January 1, 2013, pursuant to the amortization schedules attached hereto as Exhibit 2.

4. All of the payments called for in this Agreement in Paragraphs 1 and 4 above shall be made payable to the Plumbers Local Union No. 93 Fringe Funds and shall be mailed to the FRINGE FUNDS' and UNION's attorneys at the following address:

Johnson & Krol, LLC Attn: Jeffrey Krol 300 S Wacker Drive, Suite 1313 Chicago, IL 60606

5. BOSTON PLUMBING shall submit weekly reports of hours worked by Covered Employees ("Contribution Reports") and pay contributions and union dues to the FRINGE FUNDS and UNION on a weekly basis throughout the duration of this Agreement. All Contribution Reports and payments shall be received by the Fringe Fund Office on the Friday of the calendar week following the calendar week during which the work was performed. Failure by BOSTON PLUMBING to submit Contribution Reports and payments in a timely manner pursuant to the requirements of this Agreement shall constitute a default on this Agreement. In the event that BOSTON PLUMBING fails to submit payment of contributions and union dues in a timely manner as outlined in this Paragraph before BOSTON PLUMBING, MICHAEL BOSTON and DANIEL BOSTON make the payment required by Paragraph 1 above, BOSTON PLUMBGING, MICHAEL BOSTON and DANIEL BOSTON shall be in default of this Agreement and the terms of Paragraph 2 shall apply.

6. The FRINGE FUNDS and UNION agree that they will refinance the thirty-sixth (36th) and final installment payment required by Paragraph 3 above so long as BOSTON PLUMBING makes all payments required by this Agreement, including by not limited to those payments required by Paragraphs 3 and 5 above, in a timely manner. The FRINGE FUNDS and UNION agree that they shall extend the final payment and allow BOSTON PLUMBING to make monthly installments up to a maximum of twenty-four (24) months at a rate of prime plus two as of the date of the refinance to pay off the remaining principal balance.

7. Any payment not received by the date on which it is due shall constitute a default of this Agreement and shall be subject to a liquidated damages charge in the amount of ten percent (10%) of the unpaid amount.

8. In the event BOSTON PLUMBING, default on any of their obligations under the terms of this Agreement: (A) all remaining payments referenced herein will be accelerated and become immediately due and payable; (B) BOSTON PLUMBING confesses and stipulates to a judgment in the amount of all unpaid amounts; (C) the FRINGE FUNDS and UNION shall be able to petition the Court to reopen the Lawsuit and to seek an immediate judgment against BOSTON PLUMBING for all unpaid amounts; and (D) in the event the FRINGE FUNDS and/or UNION are required to engage an attorney to collect any amounts due under this Agreement, BOSTON PLUMBING shall be liable for all reasonable attorney's fees and costs incurred by the FRINGE FUNDS and UNION.

9. Should the FRINGE FUNDS and/or UNION choose to waive the lateness of any payment(s) called for in this Agreement, such waiver shall only be effective to the specified lateness actually waived and shall not act as a waiver to any subsequent payments.

10. That the recitals shall be considered a part of this Agreement.

11. That this Agreement shall be executed in counterparts and each one shall be deemed an original. A facsimile copy or scanned copy of the Agreement or counterpart shall be deemed, and shall have the same legal force and effect as, an original document.

12. This Agreement shall be binding upon the heirs, successors, and assigns of the Parties hereto.

13. The persons signing below represent that they are authorized to execute this Agreement and bind their respective entities and themselves to the terms herein.

14. This Agreement and the exhibits hereto constitute and represent the complete and entire agreement between the Parties. The terms of this Agreement may not be altered, modified, or supplemented except by a writing signed by each of the Parties.

15. This Agreement shall terminate upon the receipt of the last payment called for in this Agreement and confirmation that the BOSTON PLUMBING is current with all of its ongoing contribution obligations to the FRINGE FUNDS and UNION.

16. The parties agree that if any provision of this Agreement is rendered invalid or unenforceable by a court or governmental agency of competent jurisdiction, the remaining provisions shall remain in full force and effect.

17. This Agreement shall be construed in accordance with Illinois law without regard to choice of laws except as preempted by applicable federal law.

18. BOSTON PLUMBING agrees that the payments required by this Agreement shall be secured by the UCC-1 Financing Statement previously filed by the FRINGE FUNDS and UNION with the Illinois Secretary of State.

19. The Parties acknowledge that each has been advised by his/her/its own competent legal counsel in connection with the execution of this Agreement, or has had the opportunity to consult competent legal counsel, that the signor below has carefully read and understands this Agreement, and signs the same of his/her/its own free will.

The parties have executed this Agreement on the dates set forth below:

EXHIBIT 1

STIPULATED ORDER OF DISMISSAL WITH THE COURT TO RETAIN JURISDICTION TO ENFORCE THE TERMS OF THE PARTIES' SETTLEMENT AGREEMENT

Now come Plaintiffs, the BOARD OF TRUSTEES of the PLUMBERS' LOCAL UNION NO. 93 U.A., et al., by and through their attorneys, JOHNSON & KROL, LLC, and the Defendants BOSTON PLUMBING, INC., DANIEL BOSTON and MICHAEL BOSTON, by and through their attorneys, MECKLER BULGER TILSON MARICK & PEARSON, LLP, pursuant to Fed. R. Civ. Proc. 41(a)(1)(A)(ii) hereby submit this Stipulated Order for Dismissal of this Lawsuit with the Court to Retain Jurisdiction to Enforce the Terms of the Parties' Settlement Agreement and stipulate as follows:

WHEREAS, the Plaintiffs and the Defendants BOSTON PLUMBING, INC., DANIEL BOSTON and MICHAEL BOSTON have reached a Settlement Agreement and the Parties stipulate to the dismissal of the above-captioned matter without prejudice, reserving jurisdiction in this Court to reinstate proceedings to enforce certain terms of the Settlement Agreement entered into by and between the Parties in November 2012.

IT IS HEREBY ORDERED:

1. This above-captioned matter is hereby dismissed without prejudice.

2. The Court shall retain jurisdiction over the Defendants DANIEL BOSTON and MICHAEL BOSTON and hereby grants the Plaintiffs leave to reinstate the proceedings in the above-captioned matter to enforce the terms of the Settlement Agreement entered into by and between the Parties in November 2012, but not later than January 2, 2013.

3. The Court shall retain jurisdiction over the Defendant BOSTON PLUMBING, INC. and hereby grants the Plaintiffs leave to reinstate the proceedings in the above-captioned matter to enforce the terms of the Settlement Agreement entered into by and between the Parties in November 2012, but not later than December 31, 2017.

4. Pursuant to the Settlement Agreement, the Defendants DANIEL BOSTON and MICHAEL BOSTON have agreed to make payment of $30, 000.00 within thirty (30) days of entry of this Order and BOSTON PLUMBING, INC. is required to submit monthly payments to the Plaintiffs over a maximum period of sixty (60) months.

5. The dismissal as to the Defendants DANIEL BOSTON and MICHAEL BOSTON without prejudice will automatically convert to a dismissal with prejudice upon the earlier of full payment under the Settlement Agreement as provided therein, January 2, 2013, unless a motion to reinstate has been filed on or before January 2, 2013.

6. The dismissal as to the Defendant BOSTON PLUMBING, INC. without prejudice will automatically convert to a dismissal with prejudice upon the earlier of full payment under the Settlement Agreement as provided therein, or December 31, 2017, unless a motion to reinstate has been filed on or before December 31, 2017.

Agreed and so stipulated:

Board of Trustees of the Plumbers Local Union Michael Boston and Daniel Boston No. 93 U.A. et al.

One of the Defendant's Attorneys One of the Plaintiffs' Attorneys

EXHIBIT 2

Date: Payment: Principal Balance Interest: Total Balance: after Payment is Made: $150, 000.00 12/1/2012 $0.00 $150, 000.00 $135.42 $150, 135.42 1/1/2013 $2, 500.00 $147, 500.00 $270.83 $147, 770.83 2/1/2013 $2, 500.00 $145, 000.00 $406.25 $145, 406.25 3/1/2013 $2, 500.00 $142, 500.00 $541.67 $143, 041.67 4/1/2013 $2, 500.00 $140, 000.00 $677.08 $140, 677.08 5/1/2013 $2, 500.00 $137, 500.00 $812.50 $138, 312.50 6/1/2013 $2, 500.00 $135, 000.00 $947.92 $135, 947.92 7/1/2013 $2, 500.00 $132, 500.00 $1, 083.33 $133, 583.33 8/1/2013 $2, 500.00 $130, 000.00 $1, 218.75 $131, 218.75 9/1/2013 $3, 000.00 $127, 000.00 $1, 354.17 $128, 354.17 10/1/2013 $3, 000.00 $124, 000.00 $1, 489.58 $125, 489.58 11/1/2013 $3, 000.00 $121, 000.00 $1, 625.00 $122, 625.00 12/1/2013 $3, 000.00 $118, 000.00 $1, 760.42 $119, 760.42 1/1/2014 $4, 000.00 $114, 000.00 $1, 895.83 $115, 895.83 2/1/2014 $4, 000.00 $110, 000.00 $2, 031.25 $112, 031.25 3/1/2014 $4, 000.00 $106, 000.00 $2, 166.67 $108, 166.67 4/1/2014 $4, 000.00 $102, 000.00 $2, 302.08 $104, 302.08 5/1/2014 $4, 000.00 $98, 000.00 $2, 437.50 $100, 437.50 6/1/2014 $4, 000.00 $94, 000.00 $2, 572.92 $96, 572.92 7/1/2014 $4, 000.00 $90, 000.00 $2, 708.33 $92, 708.33 8/1/2014 $4, 000.00 $86, 000.00 $2, 843.75 $88, 843.75 9/1/2014 $4, 000.00 $82, 000.00 $2, 979.17 $84, 979.17 10/1/2014 $4, 000.00 $78, 000.00 $3, 114.58 $81, 114.58 11/1/2014 $4, 000.00 $74, 000.00 $3, 250.00 $77, 250.00 12/1/2014 $4, 000.00 $70, 000.00 $3, 385.42 $73, 385.42 1/1/2015 $5, 000.00 $65, 000.00 $3, 520.83 $68, 520.83 2/1/2015 $5, 000.00 $60, 000.00 $3, 656.25 $63, 656.25 3/1/2015 $5, 000.00 $55, 000.00 $3, 791.67 $58, 791.67 4/1/2015 $5, 000.00 $50, 000.00 $3, 927.08 $53, 927.08 5/1/2015 $5, 000.00 $45, 000.00 $4, 062.50 $49, 062.50 6/1/2015 $5, 000.00 $40, 000.00 $4, 197.92 $44, 197.92 7/1/2015 $5, 000.00 $35, 000.00 $4, 333.33 $39, 333.33 8/1/2015 $5, 000.00 $30, 000.00 $4, 468.75 $34, 468.75 9/1/2015 $5, 000.00 $25, 000.00 $4, 604.17 $29, 604.17 10/1/2015 $5, 000.00 $20, 000.00 $4, 739.58 $24, 739.58 11/1/2015 $5, 000.00 $15, 000.00 $4, 875.00 $19, 875.00 12/1/2015 $19, 875.00 $0.00 $0.00 $0.00 $154, 875.00

EXHIBIT 2

STIPULATED ORDER OF DISMISSAL WITH THE COURT TO RETAIN JURISDICTION TO ENFORCE THE TERMS OF THE PARTIES' SETTLEMENT AGREEMENT

Now come Plaintiffs, the BOARD OF TRUSTEES of the PLUMBERS' LOCAL UNION NO. 93 U.A., et al., by and through their attorneys, JOHNSON & KROL, LLC, and the Defendants BOSTON PLUMBING, INC., DANIEL BOSTON and MICHAEL BOSTON, by and through their attorneys, MECKLER BULGER TILSON MARICK & PEARSON, LLP, pursuant to Fed. R. Civ. Proc. 41(a)(1)(A)(ii) hereby submit this Stipulated Order for Dismissal of this Lawsuit with the Court to Retain Jurisdiction to Enforce the Terms of the Parties' Settlement Agreement and stipulate as follows:

WHEREAS, the Plaintiffs and the Defendants BOSTON PLUMBING, INC., DANIEL BOSTON and MICHAEL BOSTON have reached a Settlement Agreement and the Parties stipulate to the dismissal of the above-captioned matter without prejudice, reserving jurisdiction in this Court to reinstate proceedings to enforce certain terms of the Settlement Agreement entered into by and between the Parties in November 2012.

IT IS HEREBY ORDERED:

1. This above-captioned matter is hereby dismissed without prejudice.

2. The Court shall retain jurisdiction over the Defendants DANIEL BOSTON and MICHAEL BOSTON and hereby grants the Plaintiffs leave to reinstate the proceedings in the above-captioned matter to enforce the terms of the Settlement Agreement entered into by and between the Parties in November 2012, but not later than January 2, 2013.

3. The Court shall retain jurisdiction over the Defendant BOSTON PLUMBING, INC. and hereby grants the Plaintiffs leave to reinstate the proceedings in the above-captioned matter to enforce the terms of the Settlement Agreement entered into by and between the Parties in November 2012, but not later than December 31, 2017.

4. Pursuant to the Settlement Agreement, the Defendants DANIEL BOSTON and MICHAEL BOSTON have agreed to make payment of $30, 000.00 within thirty (30) days of entry of this Order and BOSTON PLUMBING, INC. is required to submit monthly payments to the Plaintiffs over a maximum period of sixty (60) months.

5. The dismissal as to the Defendants DANIEL BOSTON and MICHAEL BOSTON without prejudice will automatically convert to a dismissal with prejudice upon the earlier of full payment under the Settlement Agreement as provided therein, January 2, 2013, unless a motion to reinstate has been filed on or before January 2, 2013.

6. The dismissal as to the Defendant BOSTON PLUMBING, INC. without prejudice will automatically convert to a dismissal with prejudice upon the earlier of full payment under the Settlement Agreement as provided therein, or December 31, 2017, unless a motion to reinstate has been filed on or before December 31, 2017.

Agreed and so stipulated:

:Board of Trustees of the Plumbers Local Union Boston Plumbing, Inc., Michael Boston and No. 93 U.A. et al. Daniel Boston

One of the Defendant's Attorneys One of the Plaintiffs' Attorneys

EXHIBIT 3

AFFIDAVIT OF SCOTT SPANGLE

I, Scott Spangle, hold the title of Collection Coordinator for the PLUMBERS' LOCAL UNION NO. 93 U.A. RETIREMENT ACCOUNT FUND, PLUMBERS' LOCAL UNION NO. 93 U.A. PENSION FUND, PLUMBERS' LOCAL UNION NO. 93 U.A. HEALTH AND WELFARE FUND, and the JOINT APPRENTICESHIP COMMITTEE FUND of the PLUMBING & HEATING INDUSTRY OF LAKE AND MCHENRY COUNTIES (collectively referred to as the "Trust Funds"). Being first duly sworn and upon oath state that to the best of my knowledge the following is an accurate statement as to the facts in the above-captioned matter:

1. The Defendant BOSTON PLUMBING, INC. ("Boston Plumbing") failed to submit payment of the contributions and union dues for the weeks ending July 20, 2013; July 27, 2013; August 3, 2013; and August 10, 2013 by the deadlines imposed by the Settlement Agreement.

2. As a result of the Defendant Boston Plumbing's breach of the Settlement Agreement, the Plaintiffs have accelerated the payment schedule and hereby demands payment of all amounts remaining due and owing under the Settlement Agreement.

3. As of August 20, 2013, the Defendant Boston Plumbing owes $131, 218.75 under the breached Settlement Agreement.

4. As a result of untimely paid weekly contribution payments, the Defendant Boston Plumbing owes $3, 392.09 in liquidated damages through July 10, 2013.

5. In addition, the Defendant Boston Plumbing owes contributions and union dues to the Plaintiff for the weeks ending July 20, 2013; July 27, 2013; August 3, 2013; and August 10, 2013 in an unknown amount.

EXHIBIT 4

AFFIDAVIT OF JEFFREY KROL IN SUPPORT OF ATTORNEY'S FEES AND COSTS

I, Jeffrey A. 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 Plaintiffs have incurred in the above-captioned matter:


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