IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

CHICAGO REGIONAL COUNCIL OF )
CARPENTERS PENSION FUND et al )
)

Plaintiffs, ) Case No. 12 cv 1015
)

) Judge Brown

v. )
)
CFS INSTALLATIONS, INC., )
)
Defendant. J

MOTION TO REINSTATE THE CASE AND ENTRY OF JUDGMENT

Now come Plaintiffs, the Chicago Regional Council of Carpenters Pension Fund, et
al., by their attorney, David Whitfield, of Whitfield McGann & Ketterman, and respectfully
requests that this Honorable Court reinstate the case and enter final Judgment for the

amounts found to be owed. In support of the motion, the Plaintiffs state as follows:

1. Plaintiffs filed their complaint on February 13, 2012, and good
service of summons occurred on February 24, 2012. (Exhibit A, Affidavit of
Service)

2, ‘At all times relevant to this action, the Defendant has been bound by the
provisions of a Collective Bargaining Agreement and the Trust Agreements which created
the Trust Funds. (Exhibit B — Signed Agreement)

3. This action arises under Section 502 of the Employee Retirement Income
Security Act and Section 301 of the Taft-Hartley Act (29 US.C. §§1132 and 185).
Jurisdiction is founded on the existence of questions arising thereunder. (Exhibit F — Swom
Declaration of John Libby)

4. Plaintiffs and Defendants entered into an Agreed Order of Dismissal on May
2, 2013. (Exhibit C- Agreed Order of Dismissal; Exhibit F - Swom Declaration of John
Libby)


5. The Defendant breached Paragraph 1 of the agreed Order of Dismissal by
failing to maintain the agreed upon monthly installment payments to the Plaintiffs. The
Defendant owes the Plaintiffs $37,694.40 of the Agreed Order of Dismissal. (Exhibit F -
Sworn Declaration of John Libby)

6. Paragraph 3 of the Agreed Order of Dismissal provides Plaintiffs’ the right
to seek entry of a judgment if Paragraph 1 is. breached. (Exhibit C— Agreed Order of
Dismissal)

7. Paragraph 3 of the Agreed Order of Dismissal provides Plaintiffs’ the right
to seek any additional attorney’s fees and cost expended in enforcing the Agreed Order of
Dismissal if Paragraph 1 or Paragraph 2 is breached. The Plaintiffs have incurred an
additional $1,883.20 in attomey fees since the entering of the Agreed Order of Dismissal.
(Exhibit C— Agreed Order of Dismissal; Exhibit D — Swom Declaration of David Whitfield;
Exhibit E — Detailed Billing of Whitfield McGann & Ketterman)

WHEREFORE, Plaintiffs pray:

a) ‘That a judgment is entered against the Defendant in the amount of
$39,577.60.

b) ‘The Defendant be ordered to submit payment of $39,577.60 to the Plaintiffs.

i) ‘That Plaintiffs have such other and further relief as by the Court may be
deemed just and equitable all at the Defendant's costs pursuant to 29 U.S.C.

§1132(g)(2)(E).

By: /s/ David Whitfield
Attorney for Plaintiffs

David Whitfield

Whitfield McGann & Ketterman
111 East Wacker Drive, Suite 2600
Chicago, IL 60601

T: (312) 251-9700 F: (312) 251-9701
Firm File Number N9072


EXHIBIT LIST

EXHIBIT A
Service of Summons

EXHIBIT B
Signed Memorandum of Agreement

EXHIBIT C
Agreed Order of Dismissal

EXHIBIT D
Sworn Declaration of David Whitfield

EXHIBIT E
Detailed Attorney’s Fees of
Whitfield McGann & Ketterman

EXHIBIT F
Sworn Declaration of John Libby