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Employers and Operating Engineers Local 520 Pension Fund v. Moniger Excavating Co., Inc.

United States District Court, S.D. Illinois

September 10, 2019

EMPLOYERS AND OPERATING ENGINEERS LOCAL 520 PENSION FUND, an employee benefit plan, and RONALD S. KAEMPFE, EUGENE KEELEY, PETE KORTE, MARK JOHNSON, CHAD GOLDSCHMIDT, and DALE KELLER, in their representative capacities as Trustees of the Employers and Operating Engineers Local 520 Pension Fund; EMPLOYERS AND OPERATING ENGINEERS LOCAL 520 HEALTH AND WELFARE FUND, and RONALD S. KAEMPFE, EUGENE KEELEY, MARK JOHNSON, PETE KORTE, CHAD GOLDSCHMIDT, and DALE KELLER, in their representative capacities as Trustees of the Employers and Operating Engineers Local 520 Health and Welfare Fund; OPERATING ENGINEERS LOCAL 520 JOINT APPRENTICESHIP AND TRAINING FUND, and EUGENE KEELEY, MICHAEL LUHR, MICHAEL PARKINSON, and MARK JOHNSON, in their representative capacities as Trustees of the Operating Engineers Local 520 Joint Apprenticeship and Training Fund; and EMPLOYERS AND OPERATING ENGINEERS LOCAL 520 VACATION FUND, and CHARLES MAHONEY, TIM KEELEY, RONALD S. KAEMPFE, DAVID BAXMEYER, CHAD GOLDSCHMIDT, and STEVE SMITH, in their representative capacities as Trustees of the Employers and Operating Engineers Local 520 Vacation Fund; OPERATING ENGINEERS LOCAL 520 ANNUITY TRUST FUND, and MARK JOHNSON, HENRY ROHWEDDER, STEVE SMITH, KENNETH J. KILIAN, KEN TOENNIES, and RONALD S. KAEMPFE, in their representative capacities as Trustees of the Operating Engineers Local 520 Annuity Trust Fund, Plaintiffs,
v.
MONIGER EXCAVATING COMPANY INC., and MIKE MONIGER, an individual d/b/a Moniger Excavating Company, Inc., Defendants.

          CONSENT JUDGMENT

          J. PHIL GILBERT DISTRICT JUDGE

         This matter having come before the Court, and the parties having consented to entry of this judgment, IT IS HEREBY ORDERED AND ADJUDGED that judgment is entered in favor of the plaintiffs and against defendant Moniger Excavating Company, Inc., in the amount of $83, 311.10, which represents fringe benefit contributions, liquidated damages, union dues and interest owned through June 2019;

         IT IS FURTHER ORDERED AND ADJUDGED that execution on the judgment set forth above shall be stayed so long as defendant Moniger Excavating Company, Inc. complies with the payments schedule set forth below:

         Defendant Moniger Excavating Company, Inc. shall make payments to the plaintiffs pursuant to the following schedule:

1) $2, 500.00 on or before September l, 2019;
2) $2, 500.00 on or before October 1, 2019;
3) $2, 500.00 on or before November 1, 2019;
4) $2, 500.00 on or before December 1, 2019;
5) $2, 500.00 on or before January 1, 2020;
6) $2, 500.00 on or before February 1, 2020;
7) $2, 500.00 on or before March 1, 2020;
8) $2, 500.00 on or before April 1, 2020;
9) $2, 500.00 on or before May 1, 2020;
I 0) $2, 500.00 on or before June 1, ...

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