United States District Court, N.D. Illinois, Eastern Division
TERRENCE J. HANCOCK, et al., Plaintiffs,
RITEWAY-HUGGINS CONSTRUCTION SERVICES, INC., an Illinois corporation, Defendant.
M. Finnegan Attorney for Plaintiffs BAUM SIGMAN AUERBACH
& NEUMAN, LTD.
PLAINTIFFS' MOTION TO REOPEN CASE FOR THE LIMITED
PURPOSE OF ENFORCING THE TERMS OF THE CONSENT DECREE AND
ENTERING JUDGMENT AGAINST DEFENDANT
B. GOTTSCHALL, JUDGE
COME Plaintiffs, TERRENCE J. HANCOCK, et al., by
their attorneys, and move the Court for the entry of an order
reopening this action for the limited purpose of enforcing
the terms of the Consent Decree entered by this Court on May
23, 2015. In support of this Motion, Plaintiffs state as
action was originally brought by the Plaintiffs, the Trustees
of the jointly- administered, labor-management employee
benefit plans, Health and Welfare Fund of the Excavating,
Grading and Asphalt Craft Local No. 731 and Local 731, I.B.
of T., Excavators and Pavers Pension Trust Fund, alleging,
inter alia, that Defendant breached its obligations
under the terms of the collective bargaining agreement
entered into with the I.B. of T. Local 731, and the
Agreements and Declarations of Trust under which the
Plaintiff Funds are maintained. Specifically, Plaintiffs
allege that Defendant failed to remit payment of
contributions 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. §§1132, 1145.
May 22, 2015, this Court dismissed this cause of action
pursuant to the parties’ settlement.
May 23, 2015, a Consent Decree incorporating the terms for
settlement agreed to by the parties was entered by this Court
(a copy of the Consent Decree is attached hereto).
Defendant agreed that it owed the total amount of $112,
776.36 for contributions, liquidated damages, interest and
attorneys’ fees for the time periods January 1, 2012
through June 30, 2014 (audited period) and July 1, 2014
through November 30, 2014 (unaudited period) as described in
Paragraph 3 of the Consent Decree.
Defendant also agreed that it was obligated to submit its
monthly contribution reports and fringe benefit contributions
due during the term of the payment plan.
Defendant agreed to make payment to Plaintiffs of the amount
specified in Paragraph 3, being $112, 776.36, by way of equal
monthly payments over 24 months or a monthly payment of $4,
Consent Decree provides that in the event Defendant fails to
make any payments described in the Consent Decree, including
the obligation to remain current in its reporting obligations
during the duration of the Consent Decree, the Defendant will
be considered in violation of the Consent Decree. In such an
event, the Defendant consents to the entry of judgment
against it and in favor of the Plaintiff Funds for all
amounts unpaid under Paragraph 3, an additional 10%
liquidated damages that were waived, all contributions
interest, and liquidated damages that may become due during
the time frame of the payment schedule above, and any and all
attorneys’ fees and costs incurred to date, including
costs and fees incurred in bringing a motion to enforce the
July 14, 2016, Plaintiffs’ counsel sent an e-mail to
Defendant’s counsel regarding the failure of the
Defendant to abide by the terms of the Consent Decree.
Specifically, Defendant did not submit any monthly
installments since December 2015. Plaintiffs’ counsel
further advised that as of July 15, 2016, Defendant owed
eight (8) installments of $4, 699.02 each, for a total of
$37, 592.16. Finally, Plaintiffs’s counsel advised
Defendant’s counsel that Defendant had 10 days to cure
its breach of the terms of the Consent Decree.
Defendant has not cured its breach as it has not submitted
any installment payments due pursuant to the terms of the
Consent Decree from December 2015 forward, as described in
Paragraph 7 above.
all the reasons stated, the Plaintiffs hereby move the Court
for the entry of an Order reopening this action for the
limited purpose of enforcing the terms of the Consent Decree
and entering judgment against the Defendant. Specifically,
A. That judgment be entered in favor of Plaintiffs and
against Defendant to include the amount of $84, 582.24, being
the total amount remaining due for contributions, liquidated
damages, interest and attorneys’ fees for the time
periods January 1, 2012 ...