United States District Court, N.D. Illinois, Eastern Division
CARPENTERS FRINGE BENEFIT FUNDS OF ILLINOIS, et al., Plaintiffs,
R&T SPECIALISTS, INC., a Wisconsin corporation, TINA FREEMAN, an individual, Defendants.
M. Finnegan Laura M. Finnegan Attorney for the Plaintiffs.
PLAINTIFFS' MOTION TO REOPEN CASE FOR THE LIMITED
PURPOSE OF ENFORCING THE TERMS OF THE CONSENT DECREE AND
SETTLEMENT AGREEMENT AND ENTERING JUDGMENT AGAINST
CHARLES P. KOCORAS JUDGE
COME Plaintiffs, CARPENTERS FRINGE BENEFIT FUNDS OF ILLINOIS,
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 Settlement Agreement
entered into between the parties on April 20, 2017 and the
Consent Decree entered by this Court on May 24, 2017. In
support of the Motion, Plaintiffs state as follows:
action was originally brought by the Plaintiffs, the Trustees
of the jointly- administered, labor-management employee
benefit plans collectively known as the Carpenters Fringe
Benefit Funds of Illinois, alleging, inter alia,
that Defendants breached their obligations under the terms of
the collective bargaining agreement entered into with the
Chicago Regional Council of Carpenters, and the Agreements
and Declarations of Trust under which the Plaintiff Funds are
maintained. Specifically, Plaintiffs allege that Defendants
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.
April 20, 2017, a Settlement Agreement incorporating the
terms for settlement agreed to by the parties was executed (a
copy of the Settlement Agreement is attached as Exhibit 1).
May 24, 2017, this Court entered the Consent Decree and
Agreed Order of Dismissal and dismissed this cause of action
without prejudice and with leave to reinstate on or before
May 20, 2020 (a copy of the Consent Decree entered May 24,
2017 is attached as Exhibit 2).
Defendants acknowledged that it owed the total amount of $15,
629.66 for contributions, dues, liquidated damages, interest,
audit fees, attorneys' fees and costs for the time period
October 1, 2010 through December 31, 2013, as described in
Paragraph 3 of the Settlement Agreement.
Defendants agreed to make payment to Plaintiffs of the amount
specified in Paragraph 4, being $15, 629.66, by way of the
Payment Schedule attached to the Settlement Agreement.
Defendants first payment of $500.00 due under the Settlement
Agreement was due on April 20, 2017. However, Plaintiffs
agreed to allow Defendants to begin making its monthly
installments beginning May 20, 2017.
the event that Defendants failed to make the payments as set
forth in Paragraph 2 of the Settlement Agreement, the
Plaintiffs would give Defendants written notice of their
default and allow Defendants a ten-day grace period from the
date of service of written notice of the default to cure
their default. If the Defendants failed to cure their default
by making the required payment after the ten-day grace period
from the date of service of written notice of their default,
the Plaintiffs may declare the entire unpaid balance and all
accrued unpaid interest owed immediately due and payable
without notice, demand or presentment. The Plaintiffs shall
be obligated to give only one such ten-day grace period in
any calendar year.
Defendants made five (5) installment payments of $500.00 each
due from May 20, 2017 through September 20, 2017. Defendants
have not submitted the sixth through eighth installments due
on October 20, 2017, November 20, 2017 and December 20,
2017due pursuant to the terms of the Settlement Agreement.
November 2, 2017, Plaintiffs' counsel sent a ten-day cure
letter to Defendants' counsel regarding the failure of
the Defendants to abide by the terms of the Settlement
Agreement (a copy of the November 2, 2017 letter from
Plaintiffs' counsel to Defendants' counsel is
attached hereto as Exhibit 3). This was the second ten-day
grace period letter in the 2017 calendar year.
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 Settlement Agreement and entering judgment against the
Defendants. Specifically, Plaintiffs request:
A. That judgment be entered in favor of Plaintiffs and
against Defendants to include the amount of $15, 200.64,
being the total amount remaining due for contributions, dues,
liquidated damages, interest, audit fees, attorneys' fees
and costs for ...