Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Teamsters Local Union No. 727 Health and Welfare Fund v. USA Parking, LLC

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

October 6, 2016

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,
v.
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

          Judge Lee Magistrate Judge Brown

         The 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:

         1. The 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).

         2. The Funds initiated this action on July 29, 2013 to collect unpaid contributions owed by the Defendant to each benefit fund.

         3. On 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.

         4. The 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. No. 12.

         5. In 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.

         6. 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 Agreement.

         7. The 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).

         8. By 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.

         9. The Settlement Agreement is enforceable because the Defendant accepted the terms of the Agreement and performed consistent with the terms of the Settlement Agreement.

         10. The Settlement Agreement provides for 7% annum interest accruable until all contributions are paid in full. See Ex. B., ¶ 2.

         11. The 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 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.