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Sheet M Workers Local 265 Welfare Fund v. American Chute Systems, Inc.

United States District Court, Seventh Circuit

October 14, 2013

SHEET M WORKERS LOCAL 265 WELFARE FUND, et al., Plaintiffs,
v.
AMERICAN CHUTE SYSTEMS, INC., MAGISTRATE MARIA VALDEZ an Illinois corporation, Defendant.

Jennifer L. Dunitz-Geiringer, Bar No. 6237001, BAUM SIGMAN AUERBACH & NEUMAN, LTD., Attorney for Plaintiffs, Chicago, IL.

PLAINTIFFS' MOTION TO ENFORCE SETTLEMENT AGREEMENT AND FOR ENTRY OF CONSENT JUDGMENT

MARIA VALDEZ, Magistrate Judge.

NOW COME Plaintiffs, SHEET M WORKERS LOCAL 265 WELFARE FUND, et al., by their attorneys, and move the Court for the entry of an order enforcing the terms of a settlement agreement entered into between the parties and for entry of a consent judgment against Defendant. In support of the Motion, Plaintiffs state as follows:

1. This action was originally brought by the Plaintiffs, the Trustees of the jointly-administered, labor-management employee benefit plans collectively known as the Sheet M Workers Local 265 Fringe Benefit Funds, alleging, inter alia, that Defendant breached its obligations under the terms of the collective bargaining agreement entered into with Local 265 of the Sheet M Workers' International Association, and the Agreements and Declarations of Trust under which the Plaintiff Funds are maintained. Specifically, Plaintiffs allege that Defendant failed to submit contribution reports and remit payment of fringe benefit contributions due thereon for work performed on its behalf by beneficiaries of the Plaintiff Funds. The Complaint was brought pursuant to the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. ยงยง1132, 1145.

2. On August 27, 2013, the parties participated in a settlement conference before the Honorable Magistrate Maria Valdez. The parties agreed to terms for settlement of the instant action (a copy of the Notification of Docket Entry entered on August 27, 2013 [Doc. No. 22] is attached hereto as Exhibit A).

3. The parties agreed to settle the instant action by Defendant making a lump-sum payment to Plaintiffs in the amount of $47, 907.60 on or before October 1, 2013. Defendant also agreed that if it did not make the required payment of $47, 907.60 by October 1, 2013, that it agreed to the entry of a consent judgment against it for $47, 907.60.

4. On August 28, 2013, the parties executed a settlement agreement (a copy of the settlement agreement is attached hereto as Exhibit B).

5. On October 2, 2013, Defendant's counsel notified Plaintiffs' counsel that Defendant did not have the funds to pay Plaintiffs pursuant to the terms for settlement previously agreed to and set forth in the settlement agreement.

6. For all the reasons stated, the Plaintiffs hereby move the Court for the entry of an Order enforcing the terms of the settlement agreement and for entry of a consent judgment against the Defendant. Specifically, Plaintiffs request:

A. That judgment be entered in favor of Plaintiffs and against Defendant in the amount of $47, 907.60 representing $41, 734.18 in contributions, $4, 173.41 in liquidated damages and $2, 000.00 in attorneys' fees.
B. That Plaintiffs are entitled to immediate execution of this consent judgment.
C. That Plaintiffs have such further relief as may be deemed just and equitable by the Court.

EXHIBIT A

NOTIFICATION OF DOCKET ENTRY

This docket entry was made by the Clerk on Tuesday, August 27, 2013:

MINUTE entry before honorable Maria Valdez Settlement conference held on 8/27/2013. Terms of settlement reached. Stipulation of dismissal to be filed at a later date. Mailed notice (lp, )

ATTENTION: This notice is being sent pursuant to rule 77(b) of the Federal Rules of Civil Procedure or Rule 49(c) of the Federal Rules of Criminal Procedure. It was generated by CM/ECF, the automated docketing system used to maintain the civil and criminal dockets of this District. If a minute order or other document is enclosed, please refer to it for additional information.

For scheduled events, motion practices, recent opinions and other information, visit our web site at www.ilnd.uscourts.gov.

EXHIBIT B

Sheet M Workers Local 265 v. American Chute Systems Inc.. No. 12 C 9253

On this date, August 28, 2013, the Parties agree to a settlement of this case. Material terms of agreement reached today:

The Defendant agrees to pay the Plaintiff $41, 734, plus #4, 173.41 in liquidated damages, plus $2, 000 in attorney's fees.

2. Full payment shall be made by October 1, 2013. If full payment is not made by that date, Defendant agrees that a consent Judgment may be entered against it for the amount of $47, 907.60.

3. Upon payment of the settlement amount by October 1, 2013, the case shall be dismissed with prejudice. If no payment is made consistent with this agreement, the Consent Judgment must be executed by the Defendant.


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