United States District Court, N.D. Illinois, Eastern Division
CHICAGO REGIONAL COUNCIL OF CARPENTERS PENSION FUND et al., Plaintiffs,
ROWLOCK RETAIL CONSTRUCTION, INC., a Nevada corporation, Defendant.
PLAINTIFFS' MOTION FOR ENTRY OF FINAL
Court granted the plaintiffs Chicago Regional Council of
Carpenters Pension Fund et al.'s ("Trust
Funds") motion for a default order against defendant
ROWLOCK RETAIL CONSTRUCTION, INC. ("Defendant" or
"ROWLOCK") on November 19, 2015. See
Order, Nov. 19, 2015, Docket No. 11. In order to obtain a
final judgment, the Trust Funds hereby submit this
Plaintiffs' Motion for Entry of Final Judgment
("Petition"). In support of their Motion, Trust
Funds state as follows:
SUMMARY OF DAMAGES.
reasons explained more fully below, this Court should award
the Trust Funds $886, 734.21 in damages as follows:
(A) Unpaid Fringe Benefit Contributions
(C) Liquidated Damages
(D) Auditors' Fees
(E) Attorneys' Fees and Costs
Damages for Unpaid Fringe Benefit Contributions.
is bound by the Area Agreement with the Chicago Regional
Council of Carpenters ("Union"). See
Declaration of J. Libby ¶3, Exhibit A. The Trust Funds
conducted an audit of ROWLOCK's books and records which
revealed unpaid fringe benefit contributions in the amount of
$708, 508.60. See Declaration of J. Libby
¶¶4-8, Exhibit A.
ERISA, ROWLOCK is liable to the Trust Funds for any unpaid
fringe benefit contributions. ERISA states as follows:
In any action under this subchapter by a fiduciary for or on
behalf of a plan to enforce section 1145 of this title in
which a judgment in favor of the plan is awarded, the court
shall award the plan- (A) the unpaid contributions ....
See 29 U.S.C. § 1132(g)(2)(A).
this Court should award the Trust Funds $708, 508.60 for
unpaid fringe benefit contributions.
ERISA, 29 U.S.C. §1132, Trust Funds are entitled to
collect interest on the unpaid contributions. Section
1132(g)(2)(B) provides as follows:
(2) In any action under this subchapter by a fiduciary for or
on behalf of a plan to enforce section 1145 of this title in
which a judgment in favor of the plan is ...