IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

LOCAL 705 INTERNATIONAL BROTHER- )

HOOD OF TEAMSTERS PENSION FUND, )

et al., )

)

Plaintiffs, )

) CIVIL ACTION

vs. )

) NO. 12 C 0858

HEIDENREICH TRUCKING COMPANY, )

an Illinois corporation, McENERY ) JUDGE GEORGE M. MAROVICH

ENTERPRISES, L.L.C., an Illinois limited liability )

company, and WJM LEASING, L.L.C., ) 

an Illinois limited liability company, )

)

Defendants. )

MOTION FOR ENTRY OF JUDGMENT

Plaintiffs, by and through their attorneys, default having been entered against the Defendants

on March 13, 2012, request this Court enter judgment against Defendants, HEIDENREICH

TRUCKING COMPANY, McENERY ENTERPRISES, L.L.C., and WJM LEASING, L.L.C. In

support of that Motion, Plaintiffs state:

1. On March 13, 2012, this Court entered default against Defendants and granted

Plaintiffs’ request for an order directing an audit of Defendant, Heidenreich Trucking Company’s

(“Heidenreich”) payroll books and records for the time period October 1, 2010 forward. The Court

also entered an order that judgment would be entered after the completion of the audit.

2. On December 28, 2011, the National Labor Relations Board (“NLRB”) issued a

decision and order,(A.D. Conner, Inc., 357 NLRB No. 154, slip op. (Dec. 28, 2011), a copy of which

was attached to Plaintiffs’ complaint),finding thatHeidenreich,McEneryEnterprises, WJM Leasing,

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Gas City and A.D. Conner, Inc., violated the National Labor Relations Act in several ways. The

Board’s decision was enforced by the Seventh Circuit on June 14, 2012, case no. 12-1434. In

relevant part, the NLRB’s decision and order found:

a. “Since October 18, 2010, Heidenreich has operated as a disguised continuance of [A.D. Conner]. At all material times thereafter, Heidenreich and

Conner have been alter-egos of each other within the meaning of the Act and

are jointly and severally liable for the unfair labor practices found in this

case”; and

b. “At all material times, Conner, Heidenreich, Gas City, WJM, and McEnery

Enterprises have operated as a single-integrated business enterprise and single

employer within the meaning of the Act and are jointly and severally liable

for the unfair labor practices found in this case.”

3. As the remedy for its findings, the NLRB ordered Heidenreich, Conner, Gas City,

WJM and McEnery Enterprises to: 

a. make their employees “whole for any loss of earnings or other benefits,”

including “expenses resulting from the failure to make contributions to the

trustfunds provided for in the collective bargaining agreements, plus interest,

and to reimburse those trust funds for those contributions they have failed to

make on behalf of bargaining unit employees.”

b. “[c]omply with all terms and conditions of collective bargaining agreements

entered into by the Respondents with . . . Local 705,” and 

c. “[m]ake whole . . . Local 705 and their associated benefit funds by making

the payments mandated by their respective collective bargaining agreements

with those Unions.” 

4. Heidenreich, McEnery Enterprises and WJM Leasing are liable to Plaintiffs as a

single employer with A.D. Conner, for contributions, liquidated damages, interest, costs and

attorneys fees due from A.D. Conner through October 18, 2010; while McEnery Enterprises and

WJM Leasing are similarly liable for amounts due based on work performed for Heidenreich on or

after October 18, 2010. 

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5. On July 10, 2012, Plaintiffs’ auditors completed the audit of Heidenreich. The audit

findings show that Heidenreich owes the Pension Fund contributions of $363,521.00, accrued

interest of $33,073.30 (calculated through June 30, 2012), liquidated damages of $36,352.10, and

audit costs of $323.00, and owes the Welfare Fund contributions of $302,200.00, accrued interest

of $27,469.35 (calculated through June 30, 2012), liquidated damages of $30,220.00, and audit costs

of $323.00 (Witt Affidavit, ¶ 14).

6. In addition to the Heidenreich audit, the Funds previously conducted two audits of

A.D. Conner, one for the period of January 1998 through June 2007 (“2007 Audit”), and a second

for July 2007 through March 2011 (“2011 Audit”)(Witt Affidavit, ¶ 6). 

7. Pursuant to the the 2007 Audit, A.D. Conner owes the Pension Fund contributions

of $41,517.20, accrued interest of $40,942.96 (calculated through October 31, 2010), liquidated

damages of $4,151.72, and audit costs of $7,553.66, and owes the Welfare Fund contributions of

$54,717.60, accrued interest of $56,141.99 (calculated through October 31, 2010), liquidated

damages of $5,471.76, and audit costs of $7,553.66 (Witt Affidavit, ¶ 7). 

8. Pursuant to the 2011 Audit, A.D. Conner owes the Pension Fund contributions of

$545,273.00, accrued interest of $44,398.41 (calculated through July 31, 2011), liquidated damages

of $54,527.30, and audit costs of $2,066.93, and owes the Welfare Fund contributions of

$394,080.00, accrued interest of $30,749.18 (calculated through July 31, 2011), liquidated damages

of $39,408.00, and audit costs of $2,066.93 (Witt Affidavit, ¶ 10).

9. A.D. Conner further owes outstanding liquidated damages and interest on

contributions that it previously reported and paid late to the Funds, totaling $22,172.46 and

$3,042.88, respectively (Witt Affidavit, ¶ 12).

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10. In addition, Plaintiffs’firmhasincurred substantial costs and attorneys’ fees in efforts

to collect from the Defendants, and in prior efforts to collect form A.D. Conner, Inc., totaling

$52,656.39 (See, Affidavit of Catherine M. Chapman).

11. Consistent with the allegations in Plaintiffs’ complaint, and the findings of the

National Labor Relations Board, as enforced in the Seventh Circuit, each of the Defendants are

jointly and severally liable to the Funds for said amounts. 

WHEREFORE, Plaintiffs respectfullyrequest this Court to enterjudgment in their favor, and

against each of the Defendants jointly and severally in the amount of $2,201,300.62.

/s/ Patrick N. Ryan 

Patrick N. Ryan

Attorney for Plaintiffs

BAUM SIGMAN AUERBACH & NEUMAN, LTD.

200 West Adams Street, Suite 2200

Chicago, IL 60606-5231

Bar No.: 6278364

Telephone: (312) 236-4316

Facsimile: (312) 236-0241

E-Mail: pryan@baumsigman.com

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CERTIFICATE OF SERVICE

The undersigned, an attorney of record, hereby certifies that he electronically filed the

foregoing document (Motion for Entry of Judgment) with the Clerk of Court using the CM/ECF

system, and further certifies that I havemailed the above-referenced document byUnited States Mail

to the following non-CM/ECF participants on or before the hour of 5:00 p.m. this 17th day of August

2012:

Mr. John Cunnea, Registered Agent

Heidenreich Trucking Company, 

McEnery Enterprises, L.L.C.

WJM Leasing, L.L.C.

160 S. LaGrange Road

Frankfort, IL 60423-4008

William J. McEnery, President

Heidenreich Trucking Company, 

McEnery Enterprises, L.L.C.

WJM Leasing, L.L.C.

13015 W. 151st St.

Homer Glen, IL 60491

/s/ Patrick N. Ryan 

Patrick N. Ryan

Attorney for Plaintiffs

BAUM SIGMAN AUERBACH & NEUMAN, LTD.

200 West Adams Street, Suite 2200

Chicago, IL 60606-5231

Bar No.: 6278364

Telephone: (312) 236-4316

Facsimile: (312) 236-0241

E-Mail: pryan@baumsigman.com

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