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.

Fox Valley Laborers' Health and Welfare Fund v. TNT Landscape Construction Inc.

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

January 5, 2018

FOX VALLEY LABORERS' HEALTH AND WELFARE FUND, THE FOX VALLEY LABORERS' PENSION FUND, and PAT SHALES, Administrator of the Funds, Plaintiffs,
v.
TNT LANDSCAPE CONSTRUCTION INC., d/b/a TNT CONSTRUCTION, INC., an Illinois corporation, TNT RESTORATION CONSTRUCTION, INC., an Illinois Corporation, NICHOLAS KROCKERT, individually, and TIMOTHY TERLECKI, individually, Defendants.

          Elizabeth L. Rowe An Attorney for the Plaintiffs

          PLAINTIFFS' MOTION FOR DEFAULT AND FINAL JUDGMENT AGAINST TNT LANDSCAPE CONSTRUCTION INC. AND TNT RESTORATION CONSTRUCTION, INC. AND TO DISMISS INDIVIDUAL DEFENDANTS

          CHARLES RGLE JUDGE

         Plaintiffs FOX VALLEY LABORERS' HEALTH AND WELFARE FUND (“Welfare Fund”), THE FOX VALLEY LABORERS' PENSION FUND (“Pension Fund”), and PAT SHALES, administrator of the Funds, (collectively, “the Funds”), through their attorneys Dowd, Bloch, Bennett, Cervone, Auerbach & Yokich, pursuant to Fed.R.Civ.P. 55(b), respectfully move this court for entry of final judgment, in the form of the attached proposed order, against Defendants TNT Landscape Construction Inc. d/b/a TNT Construction, Inc., an Illinois Corporation, (“TNT Landscape”) and TNT Restoration Construction, Inc., an Illinois company, (“TNT Restoration”) on Counts I through IV of the Complaint. The Funds ask that the remaining defendants be dismissed without prejudice. In support of their motion, the Funds state as follows:

         1. The Funds filed their five-count Complaint against Defendants on October 5, 2016. Complaint [Doc. No. 1].

         2. Initially, attorney Kori Bazanos appeared for all four defendants in this case. However, on May 24, 2017 Bazanos filed her Motion to Withdraw as Counsel [Docket No. 56], which the Court granted by Order of June 14, 2017 [Docket No. 60]. The Order of June 14 further required all defendants to appear within 28 days.

         3. On June 23, 2017, counsel from Gordon Rees Scully Mansukhani (“Gordon Rees”) appeared for Defendants TNT Landscape and TNT Restoration (collectively, “TNT Companies”) [Docket Nos. 61 & 62].

         4. On November 28, 2017 Gordon Rees filed its motion to withdraw as counsel for TNT Companies [Docket No. 89], which the Court granted by Order of December 14, 2017 [Docket No. 91].

         5. Defendant TNT Companies are without counsel and are now in default under Fed.R.Civ.P. 55(a) for their failure to defend the claims against them. See, e.g., Alacran Contr., 2015 U.S. Dist. LEXIS 45089, *3 (N.D. Ill. Apr. 7, 2015) (entering default under Fed.R.Civ.P. 55(a) for failure of corporation to obtain new counsel).[1]

         6. Pursuant to Federal Rule of Civil Procedure 55(b)(2), this motion is being served on the TNT Companies by mail at least 7 days before it is scheduled for hearing.

         7. The Funds' are multiemployer benefit plans within the meaning of Sections 3(3) and 3(37) of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), 29 U.S.C. § 1002(3) and (37A). The Funds maintain offices and conduct business within the district. The Funds are agents for the purpose of collecting employer contributions and deductions required to be paid on behalf of the Safety Fund, the Apprenticeship Fund, the CAICA Fund, the IAF Fund, the Laborers' District Council Labor Management Cooperation Committee (“LMCC”), the Laborers-Employers Cooperation and Education Trust (“LECET”), and the Construction and General Laborers' District Council of Chicago and Vicinity's Work Dues Fund (“Dues Fund”), (collectively, the “Affiliated Organizations”). See Declaration of Pat Shales (“Shales Decl.”), attached hereto as Exhibit 1, ¶¶ 3, 9.

         8. On August 5, 2014, Tim Terlecki signed a one-page Independent Construction Industry Collective Bargaining Agreement with the District Council on behalf of TNT Restoration (doing business as “TNT Construction, Inc.”). The Agreement obligates TNT Restoration to make monthly contributions to the Funds on behalf of its employees covered by the Agreement for health, welfare, and pension benefits, in proportion to the number of hours worked by those employees. Ex. 1, Shales Decl., ¶¶ 6, 8, and Exhibit A thereto.

         9. TNT Restoration is an alter ego, single employer, and/or successor to TNT Landscape and both TNT Companies are bound to the Agreement. Id. at ¶ 7.

         10. The Agreement requires the TNT Companies to make contributions to the Affiliated Organizations on behalf of its employees covered by the Agreement in proportion to the number of hours worked by those employees, and to provide reports stating the amount of contributions it owes. Id. at ¶ 10.

         11. The Agreement further requires the TNT Companies to deduct union dues from the wages earned by its employees covered by the Agreement and to remit those dues to the District Council for the Dues Fund, and to provide reports stating the amount of union dues it must deduct and remit. The union dues are to ...


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.