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Chicago Regional Council of Carpenters Pension Fund v. Rowlock Retail Construction, Inc.

United States District Court, N.D. Illinois, Eastern Division

August 1, 2016

CHICAGO REGIONAL COUNCIL OF CARPENTERS PENSION FUND et al., Plaintiffs,
v.
ROWLOCK RETAIL CONSTRUCTION, INC., a Nevada corporation, Defendant.

          Feinerman Judge.

          PLAINTIFFS' MOTION FOR ENTRY OF FINAL JUDGMENT

         This 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:

         I. SUMMARY OF DAMAGES.

         For the reasons explained more fully below, this Court should award the Trust Funds $886, 734.21 in damages as follows:

(A) Unpaid Fringe Benefit Contributions

$708, 508.60

(B) Interest

$31, 930.70

(C) Liquidated Damages

$129, 193.74

(D) Auditors' Fees

$2, 602.50

(E) Attorneys' Fees and Costs

$14, 498.67

Total

$886, 734.21

         II. ARGUMENT.

         A. Damages for Unpaid Fringe Benefit Contributions.

         ROWLOCK 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.

         Under 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).

         Accordingly, this Court should award the Trust Funds $708, 508.60 for unpaid fringe benefit contributions.

         B. Interest.

         Under 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 ...

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