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Board of Trustees of The Plumbers' Local Union No. 93 U.A. Retirement Account Fund v. Shull Plumbing, Inc.

United States District Court, Seventh Circuit

October 24, 2013

BOARD OF TRUSTEES of the PLUMBERS' LOCAL UNION NO. 93 U.A. RETIREMENT ACCOUNT FUND; BOARD OF TRUSTEES of the PLUMBERS' LOCAL UNION NO. 93 U.A. PENSION FUND; BOARD OF TRUSTEES of the PLUMBERS' LOCAL UNION NO. 93 U.A. HEALTH AND WELFARE FUND; BOARD OF TRUSTEES of the JOINT APPRENTICESHIP COMMITTEE FUND of the PLUMBING & HEATING INDUSTRY OF LAKE AND McHENRY COUNTIES; The INDUSTRY ADVANCEMENT FUND; and THE CHICAGO JOURNEYMAN PLUMBERS LOCAL UNION 130 U.A. as successor in interest to the PLUMBERS' LOCAL UNION NO. 93 U.A., Plaintiffs,
v.
SHULL PLUMBING, INC., an Illinois Corporation; and SHELDON JACK SHULL, an Individual, Defendants.

PLAINTIFFS' MOTION TO AMEND SUMMARY JUDGMENT AND FOR ENTRY OF FINAL JUDGMENT IN SUM CERTAIN

SHEILA FINNEGAN, Magistrate Judge.

NOW COME the Plaintiffs, BOARD OF TRUSTEES of the PLUMBERS' LOCAL UNION NO. 93 U.A. RETIREMENT ACCOUNT FUND et al. , by and through their attorneys, JOHNSON & KROL, LLC, pursuant to this Honorable Court's October 15, 2013 Memorandum Opinion and Order, move this Honorable Court to Amend the Summary Judgment and for entry of Final Judgment in Sum Certain against the Defendants SHULL PLUMBING, INC. ("SHULL PLUMBING") and SHELDON "JACK" SHULL ("JACK SHULL"), and in support state as follows:

1. On October 15, 2013, this Court granted the Plaintiffs' Motion for Summary Judgment and entered judgment against the Defendants SHULL PLUMBING and JACK SHULL, jointly and severally, in the amount of $148, 599.39. (Docket No. 20).

2. Pursuant to the Memorandum Opinion and Order, this Court granted the Plaintiffs leave to file a motion to amend the judgment to reflect any damages sustained after July 30, 2013. (Docket No. 20).

3. After filing the Motion for Summary Judgment and before this Court granted the Plaintiffs' Motion for Summary Judgment, the Plaintiffs obtained payment in the amount of $100, 000.00 from the Defendants' bond. (Certification of Scott Spangle is attached as Exhibit 1).

4. The Plaintiffs applied the $100, 000.00 to outstanding deficiencies encompassed by the original judgment, as follows:

Contribution, Union Balance of Unpaid Dues and 401(k) Contributions, Balance for Period Contribution Union Dues and after Bond Proceeds Period: 401(k): Amount Applied: Applied: Settlement Agreement $23, 931.10 $23, 931.10 $0.00 Feb. 2013 $11, 673.07 $11, 673.07 $0.00 Mar. 2013 $7, 556.94 $7, 556.94 $0.00 Apr. 2013 $10, 632.02 $10, 632.02 $0.00 May 2013 $17, 418.39 $17, 418.39 $0.00 Jun. 2013 $17, 013.30 $17, 013.30 $0.00 July 2013 $20, 720.53 $10, 638.61 $10, 081.92 Aug. 2013 $15, 986.59 $1, 172.58 $14, 814.01 (Exhibit 1).

5. Thereafter, the Plaintiffs obtained payment from the Defendants in the amount of $244.80 for 401(k) for the months of August and September 2013. (Exhibit 1).

6. The Plaintiffs also recently obtained payment directly from two general contractors in exchange for final lien waivers in the amount of $14, 226.07 which was applied to the contributions that remain outstanding for the months of July and August 2013. (Exhibit 1).

7. In addition, the Plaintiffs discovered that the Defendants had overpaid contributions in the amount of $3.38 for February 2013, in the amount of $1, 012.96 for March 2013 and in the amount of $881.35 for the month of April 2013. (Exhibit 1).

7. As a result of the bond monies, payments received directly from the Defendants and the payments received from the general contractors, and overpayments that were discovered, the following amounts remain due and owing by the Defendants:

Balance of Unpaid Unpaid Contributions, Liquidated Contribution Union Dues and Damages and Period: 401(k): Interest: Settlement Agreement $0.00 $17, 580.06 Feb. 2013 -$3.38 $2, 899.87 Mar. 2013 -$1, 012.96 $2, 645.95 Apr. 2013 -$881.35 $2, 267.76 May 2013 $0.00 $3, 459.28 Jun. 2013 $0.00 $2, 228.89 July 2013 $0.00 $2, 473.45 Aug. 2013 $12, 572.61 ...


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