United States District Court, N.D. Illinois, Eastern Division
FOX VALLEY LABORERS HEALTH AND WELFARE FUND, et al., Plaintiffs,
BOSLY CONSTRUCTION, LLC, an Illinois limited liability company, Defendant.
Catherine M. Chapman Attorney for the Plaintiffs BAUM SIGMAN
AUERBACH & NEUMAN, LTD.
PLAINTIFFS' MOTION TO REOPEN CASE FOR THE LIMITED
PURPOSE OF ENFORCING THE TERMS OF THE PROMISSORY NOTE AND
CONTRACT FOR CASH BOND AND ENTERING JUDGMENT AGAINST
DEFENDANT BOSLY CONSTRUCTION AND JASMIN BILICH,
M. ROWLAND, MAGISTRATE JUDGE.
COME Plaintiffs, FOX VALLEY LABORERS HEALTH AND WELFARE FUND,
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 Agreed Order of
Dismissal, which incorporates the Promissory Note and
Contract for Cash Bond, entered into between the parties in
April 2018, and entering judgment against Defendant, Bosly
Construction, LLC, an Illinois limited liability company
(“Defendant” or “Bosly”), and Jasmin
Bilich, individually (“Bilich”). 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 known as the Fox Valley Laborers Fringe Benefit
Funds, alleging, inter alia, that Defendant breached
its obligations under the terms of the collective bargaining
agreements entered into with Construction and General
Laborers' District Council of Chicago and Vicinity and
the Agreements and Declarations of Trust under which the
Plaintiff Funds are maintained. Specifically, Plaintiffs
allege that Defendant 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. §§1132, 1145.
April 18, 2018, an Agreed Order of Dismissal incorporating
the terms for settlement agreed to by the parties as set
forth in the Promissory Note and Contract for Cash Bond was
entered by this Court (a copy of the Agreed Order of
Dismissal is attached hereto as Exhibit 1).
Pursuant to the Promissory Note (a copy of which is attached
hereto as Exhibit 2), Bosly and Bilich offered, and the
Plaintiff Funds agreed to accept, the total amount of $8,
416.34, plus interest at the annual rate of 6.5%, over a
period of four (4) months in settlement of amounts due for
the time period September 2017 through February 2018.
Pursuant to the Contract for Cash Bond (a copy of which is
attached hereto as Exhibit 3), Bosly offered, and the
Plaintiff Funds agreed to accept, the total amount of $5,
000.00, over a period of four (4) months in settlement of
Bosly's obligation pursuant to the terms of the
Agreements and Declarations of Trusts establishing the
Plaintiff Funds to authorize the Funds to accept cash bonds
as guarantees for the payment of monthly contributions to the
Funds and pursuant to the applicable collective bargaining
agreements requiring employers to post surety bonds or cash
Pursuant to the terms of the Promissory Note, Bosly and
Bilich promised to promptly submit, on a monthly basis,
contributions due and owing for the months of March 2018 and
subsequent months due by the 15th of the monthly following
the work month, with respect to the monthly reports and
fringe benefit contributions that may become due throughout
the payment schedule set forth in the Promissory Note.
the event of default under the Promissory Note, Bilich shall
be liable only for the amounts referenced in the payment
schedule. Any additional contributions, liquidated damages
and interest which may come due throughout the course of the
Promissory Note shall remain the responsibility of Bosly.
the event of default, the Funds shall give Bosly and Bilich
written notice of the default and allow Bosly and Bilich a
14-day grace period from the date of service of written
notice of default to cure the default.
Bosly and Bilich are in default and they do not cure said
default within 14 days of written notice of said default, the
Funds may declare the entire unpaid principal balance on the
Promissory Note and all accrued unpaid interest immediately
due and payable without notice, demand or presentment and the
entire unpaid principal balance on the Promissory Note and
all accrued unpaid interest shall be collectable immediately.
Bosly and Bilich submitted its check no. 12272 in the amount
of $3, 175.63 dated June 10, 2018 as payment of the second
installments of $2, 175.63 due on the Promissory Note and $1,
000.00 due on the Contract for Cash Bond (a copy of the
14-day notice to cure its default dated July 2, 2018 sent by
Plaintiffs' counsel to Bilich is attached hereto as
July 6, 2018, Plaintiff Funds notified Plaintiffs'
counsel by email that Bosly and Bilich's check no. 12272
in the amount of $3, 175.63 was returned by its bank
indicating “non-sufficient funds.” As of the date
of filing the instant motion, said check has not been
replaced by Bosly or Bilich.
Further, Bosly and Bilich have failed to submit the third
installments due June 30, 2018 of $2, 175.63 due on the
Promissory Note and $1, 000.00 due on the Contract for Cash
Bond. Additionally, Bosly has not submitted its monthly
fringe benefit contribution reports and any contributions due