United States District Court, N.D. Illinois, Eastern Division
TEAMSTERS LOCAL UNION NO. 727 HEALTH AND WELFARE FUND, TEAMSTERS LOCAL UNION NO. 727 PENSION FUND and TEAMSTERS LOCAL UNION NO. 727 LEGAL AND EDUCATIONAL ASSISTANCE FUND, Plaintiffs,
USA PARKING, LLC, Defendant.
WILLIG, WILLIAMS & DAVIDSON, LINDA M. MARTIN, ESQUIRE,
ILLINOIS ADVOCATES, LLC, WILLIAM TASCH, ESQUIRE, CARA M.
ANTHANEY, ESQUIRE Counsel to Plaintiffs Teamsters Local Union
No. 727 Benefit Funds and Trustees
PLAINTIFFS' MOTION TO ENTER JUDGMENT
Lee Magistrate Judge Brown
Plaintiffs Teamsters Local Union No. 727 Health and Welfare
Fund, Teamsters Local Union No. 727 Pension Fund and
Teamsters Local Union No. 727 Legal and Educational
Assistance Fund (collectively “the Funds”), by
their undersigned counsel hereby move this Court to enter
judgment in this matter, and in support thereof, state:
Funds are jointly administered multi-employer employee
benefit plans within the meaning of section 302(c)(6) of the
Labor Management Relations Act, 29 U.S.C. § 186(c)(6),
and §§ 3(1) and 3(37)(A) of the Employee Retirement
Income Security Act (“ERISA”), 29 U.S.C.
§§ 1002 and (37)(A).
Funds initiated this action on July 29, 2013 to collect
unpaid contributions owed by the Defendant to each benefit
January 17, 2014, a prove-up hearing was held in this matter,
where neither Defendant, USA PARKING, LLC
(“Defendant”) nor their counsel James O. Stola
appeared, and the Court entered a default judgment against
the Defendant in the amount of $208, 434.59. (See Dkt.
No. 16) Attached hereto as Exhibit A is a true and correct
copy of the Default Judgment Order.
default judgment amount of $208, 434.59 was for delinquent
contributions owed to the Funds pursuant to a Collective
Bargaining Agreement between the parties for the period
spanning December 1, 2011 to November 30, 2013. See Dkt.
or around December 2014, the Funds and Defendant entered into
a settlement agreement (“Settlement Agreement”)
in which the Defendant agreed that Defendant owed the Funds
$446, 676.20 for the outstanding judgment balance plus
additional delinquencies, interest, liquidated damages, and
attorneys' fees through November 30, 2014. See the
Settlement Agreement attached hereto as Exhibit B.
Although the parties did not execute the Settlement
Agreement, the Defendant made ten (10) monthly payments to
the Funds consistent with the terms of the Settlement
Seventh Circuit has held that even when a contract is
unsigned, “[a]n offeree may manifest acceptance of an
offer by performing under the contract.” Roberts
& Schaefer Co. v. Merit Constr., 99 F.3d. 248, 252
(7th Cir. 1996).
making ten (10) payments to the Funds consistent with the
terms of the Settlement Agreement, the Defendant accepted the
terms of the Settlement Agreement and therefore is bound by
the terms of the Settlement Agreement.
Settlement Agreement is enforceable because the Defendant
accepted the terms of the Agreement and performed consistent
with the terms of the Settlement Agreement.
Settlement Agreement provides for 7% annum interest accruable
until all contributions are paid in full. See Ex. B.,
Settlement Agreement also provides that the Defendant shall
timely report and pay in full its monthly contributions to
the Funds commencing with the month of November 2014 to be
paid on or before the 15th of December 2014 and shall pay
thereafter on or before ...