United States District Court, N.D. Illinois, Eastern Division
TERRENCE J. HANCOCK, TIMOTHY P. DUNLAP, JOHN LISNER, DALE BOLT, BRAD WEBB, JAMES BUIK, MICHAEL I. RICHARDSON, and EDWARD DENORMANDIE as TRUSTEES of the LOCAL No. 731, I.B. of T., GARAGE ATTENDANTS, LINEN AND LAUNDRY HEALTH AND WELFARE FUND, and TERRENCE J. HANCOCK, JOHN LISNER, TIMOTHY P. DUNLAP, MICHAEL RICHARDSON, STEVE VOGRIN,
SHEPHERD MOTORCARS CORPORATION d/b/a VOLVO OF OAK PARK, Defendant. and THOMAS J. YONKER as TRUSTEES of the LOCAL No. 731, I.B. of T., PRIVATE SCAVENGERS and GARAGE ATTENDANTS PENSION TRUST FUND, Plaintiffs,
Elizabeth L. Rowe Attorney for Plaintiffs
Finnegan, Magistrate Judge
PLAINTIFFS' MOTION FOR A SECOND SUPPLEMENTAL
Terrence J. Hancock, Timothy P. Dunlap, John Lisner, Dale Bolt,
Brad Webb, James Buik, Michael I. Richardson, and Edward
DeNormandie, as Trustees of the Local No. 731, I.B. of. T.,
Garage Attendants, Linen and Laundry Health and Welfare Fund,
and Terrence J. Hancock, John Lisner, Timothy P. Dunlap,
Michael Richardson, Steve Vogrin, and Thomas J. Yonker, as
Trustees of the Local No. 731, I.B. of T., Private Scavengers
and Garage Attendants Pension Trust Fund (collectively,
“Funds”), through their attorneys Dowd, Bloch,
Bennett, Cervone, Auerbach & Yokich, respectfully move
this Court for a second supplemental judgment. In support of
the motion, the Funds state as follows:
is an action to collect delinquent contributions, plus
related interest, liquidated damages, and attorneys' fees
that Shepherd Motorcars Corporation d/b/a Volvo of Oak Park
(“Defendant”) failed to remit to the Funds in
violation of 29 U.S.C. § 1145 and 29 U.S.C. § 185.
August 21, 2015, the Court entered a default judgment against
Defendant in the amount of $131, 451.24. Final Judmt. Order
[Doc. No. 44].
December 28, 2015, the Court entered a supplemental judgment
against Defendant in the amount of $13, 048.36 for
attorneys' fees and costs incurred between August 21,
2015 and December 28, 2015.
of the date of this order, the Funds have received $57,
746.41 towards the judgment pursuant to the Court's
September 13, 2016 order directing Lakeside Bank to turnover
amounts in accounts belonging to Defendant. Order Granting
Mtn. for Turnover [Doc. No. 105].
Funds have now incurred a total of $95, 768.48 in
attorneys' fees and costs as a result of the delinquency
that is the subject of this litigation. Supp. Aff. Rowe, a
copy of which is attached hereto as Exhibit A, ¶¶
6, 7, 10-16.
Thus, the Funds have incurred an additional $51, 640.91 in
attorneys' fees and costs that were not included in the
judgment or supplemental judgment entered against the
Funds incurred those additional attorneys' fees and costs
enforcing their judgment against the Defendant, which the
Defendant did not voluntarily satisfy.
Specifically, the Funds' efforts to enforce the judgment
have included a citation to discover asset issued to
Defendant, a citation examination of Defendant, issuing a
third-party citations to five different banks where Defendant
has held accounts, reviewing the documents produced by all
five banks, taking the citation examination of
Defendant's Vice President, conducting research for and
preparing a motion for turnover order and a motion to set
aside fraudulent transfers, correspondence with Intervenor
BMO Harris Bank (“BMO”) concerning its alleged
priority lien of Defendant's assets, conducting discovery
on BMO's claims, including issuing written discovery,
taking a Rule 30(b)(6) deposition of BMO, and issuing
subpoenas to third-parties, engaging in settlement
discussions, researching and responding to BMO's claims
of a priority lien, filing pleadings in support of the
Funds' motion for a turnover order and motion to set
aside fraudulent transfers, responding to a motion to compel
by BMO, which the Court ultimately denied in favor of the
Funds, reviewing the Court's orders on Plaintiffs'
motion for a turnover order and motion to set aside
fraudulent transfers, correspondence with Scalzo
Motorcars' Corporation's attorneys concerning the
Court's orders, conducting additional research, and
preparing this motion for a supplemental judgment. Ex. A,
Supp. Aff. Rowe, ¶ 10.
Pursuant to 29 U.S.C. § 1132(g)(2), the Funds are
entitled to the “reasonable attorneys' fees and
costs of [an] action” to collect delinquent
contributions; the attorneys' fees and costs that the
Funds incurred enforcing their judgment directly resulted
from this action, and the Funds are therefore entitled to
those additional fees and costs under 29 U.S.C. §
the Funds respectfully move this Court to enter a
supplemental judgment order for $51, 640.91 in attorneys'
fees and costs, in the form ...