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

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

January 8, 2018

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.
PAS, LLC, Defendant.

          WILLIG, WILLIAMS & DAVIDSON, LINDA M. MARTIN, ESQUIRE Lead Counsel, WILLIAM TASCH, ESQUIRE, CARA M. ANTHANEY, ESQUIRE, Counsel to Plaintiffs Teamsters Local Union No. 727 Benefit Funds and Trustees.

          Gilbert Magistrate Judge.

          PLAINTIFFS' MOTION TO ENTER JUDGMENT

          DOW, JR. JUDGE.

         The Plaintiffs Teamsters Local Union No. 727 Health and Welfare Fund (“Welfare Fund”) and Teamsters Local Union No. 727 Legal and Educational Assistance Fund (“L&E Fund”) (collectively “Plaintiffs” or “the Funds”), by and through their undersigned counsel, hereby move this Court to enter judgment in this matter in the amount of $120, 291.00 plus interest and liquidated damages. In support thereof, Plaintiffs state:

         PROCEDURAL HISTORY

         1. On September 2, 2014, the Plaintiffs filed a Complaint seeking an Order from the Court directing the Defendant PAS, LLC (“PAS” or “Defendant”) to cooperate in a payroll audit for the purpose of determining what, if any, contributions PAS may owe the Funds on behalf of employees covered by the Collective Bargaining Agreement (“CBA”) between the Teamsters Local Union No. 727 (“Union”) and the Defendant. See Dkt. No.1

         2. On October 14, 2014, the Court entered default judgment against the Defendant and directed the Defendant to produce records necessary for the Plaintiffs to conduct a payroll audit to determine, what, if any, contributions may be owed to the Plaintiffs. See Dkt. No. 9.

         3. Since the date of the Court's October 14, 2014 Order, Plaintiffs' auditors have attempted to obtain records from the Defendant in order to conduct a payroll audit.

         4. By this Motion, Plaintiffs request the Court to enter judgment in their favor and against Defendant directing Defendant to pay contributions, interest, liquidated damages and attorneys' fees and costs to the Plaintiffs as provided under Section 502 of the Employee Retirement Income Security Act, as amended, 29 U.S.C. § 1132(g).

         FACTUAL BACKGROUND

         5. Plaintiffs are jointly administered multi-employer employee benefit funds as defined under section 302(c)(5) of the Labor Management Relations Act (“LMRA”), 29 U.S.C. § 186(c)(5); and sections 3(1), 3(2)(A), and 3(37) (A) of the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. §§ 1002(1)(A), 1002(2)(A), and 1002(37) (A).

         6. The Funds are administered by a Board of Trustees (“Trustees”) in accordance with section 302(c)(5) of the LMRA, 29 U.S.C. § 186(c)(5), and exist for the exclusive purpose of providing welfare, retirement and legal and education assistance benefits to their respective participants and their beneficiaries and defraying the reasonable expenses of administering the plans, in accordance with section 404 of ERISA, 29 U.S.C. §1104.

         7. As provided in the respective Funds' Restated Agreement and Declaration of Trust (“Trust Agreements”), Plaintiffs are required to receive, hold and manage all monies required to be contributed to the Funds by Employers in accordance with the provisions of the then applicable Collective Bargaining Agreements (“CBAs”) between the Employer and the Teamsters Local 727 (“Union”). The monies are to be used for the purposes set forth in the Trust Agreements. Attached hereto as Exhibit A and B are true and correct copies respectively of the Health and Welfare Fund Trust Agreement and Legal and Educational Assistance Fund Trust Agreement[1].

         8. On July 1, 2013, Defendant executed a July 1, 2013 to June 20, 2018 CBA (“PAS CBA”) with the Union and by its signature, Defendant agreed to be bound by the terms of therein, including terms governing contributions to the Plaintiff Funds. Attached hereto as Exhibit C are true and correct copies of the PAS CBA.

         9. Thereafter, on December 19, 2013, Defendant executed the November 1, 2011 to October 3, 2016 master Parking Industry CBA (“Parking Industry CBA”) with the Union and by its signature, Defendant agreed to be bound by the terms therein, including terms governing contributions to the Plaintiff Funds. Attached hereto as Exhibit D is a true and correct copy of the Parking Industry CBA.

         10. At no point in time did the Defendant send written notification to the Plaintiffs to cancel the agreement between the parties.

         11. Articles 19 and 20 of the PAS CBA and Article 20 of the Parking Industry CBA govern contributions to the Funds. Pursuant to the CBAs, the Defendant was required to make monthly contributions to the Health and Welfare and Legal and Educational Assistance Funds per terms set forth therein. See Ex. C and Ex. D.

         12. Despite due demand, Defendant failed to comply with the Funds' request for an accounting to complete a payroll audit to determine contributions owed. Plaintiffs subsequently filed this suit seeking an order compelling Defendant to submit to the accounting request. See Plaintiffs' Compl., Dkt. No. 1 13. The Court's October 14, 2014 default judgment order required Defendant to produce its books and records for the period December 1, 2013 through August 31, 2014 by November 4, 2014. In addition, the Court ordered Defendant to pay any amounts found due and owing following the accounting, and to generally comply and perform in accordance with the terms of its agreement with the Union. See Dkt. No. 9, ¶¶3-4.

         14. The Court also reserved jurisdiction to enforce supplemental proceedings to enforce the judgment. See Dkt. No. 9, ¶ 5.

         15. Prior counsel for Plaintiffs mailed a copy of this order to Defendant on ...


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