1

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

BOARD OF TRUSTEES of the PIPE FITTERS )

RETIREMENT FUND, LOCAL 597; )

BOARD OF TRUSTEES of the PIPE FITTERS ) CIVIL ACTION

WELFARE FUND, LOCAL 597; )

BOARD OF TRUSTEES of the PIPE FITTERS )

TRAINING FUND, LOCAL 597; the ) NO.: 12-CV-418

BOARD OF TRUSTEES of the CHICAGO AREA )

MECHANICAL CONTRACTING INDUSTRY )

IMPROVEMENT TRUST; ) JUDGE: CASTILLO

THE PIPE FITTERS’ ASSOCIATION, )

LOCAL 597 U.A.; BOARD OF TRUSTEES )

of the PIPE FITTERS’ INDIVIDUAL ) MAGISTRATE 

ACCOUNT and 401(K) PLAN; and ) JUDGE: ASHMAN

BOARD OF TRUSTEES of the PIPE FITTING )

COUNCIL OF GREATER CHICAGO, )

)

Plaintiffs, )

)

vs. )

)

A.B.D. TANK & PUMP CO., )

an Illinois Corporation, )

)

Defendant. )

MOTION FOR FINAL JUDGMENT

Now come Plaintiffs, the BOARD OF TRUSTEES of the PIPE FITTERS

RETIREMENT FUND, LOCAL 597, et al., by and through their attorneys, JOHNSON & 

KROL, LLC, and pursuant to this Court’s February 28, 2012 Order, move this Honorable Court 

for entry of Final Judgment in favor of Plaintiffs and against Defendant A.B.D. TANK & PUMP 

CO. (“A.B.D.”) and in support thereof, state as follows:

1. On or about January 19, 2012, Plaintiffs filed their Complaint in the above-captioned 

matter against Defendant A.B.D. for unpaid contributions, liquidated damages and 

interest pursuant to the terms of the Collective Bargaining Agreement and Trust 

Case: 1:12-cv-00418 Document #: 21 Filed: 05/25/12 Page 1 of 3 PageID #:98
2

Agreements to which Defendant A.B.D. is bound. 

2. On February 28, 2012, a Default Judgment Order was entered in favor of Plaintiffs and 

against Defendant A.B.D. in the amount of $8,948.83. (The Default Judgment Order is 

attached as Exhibit 1). 

3. Pursuant to the terms of the Default Judgment Order, Defendant A.B.D. was ordered to 

submit its Contribution Report for the month of January 2012 so that the full extent of 

Defendant A.B.D.’s liability to the Plaintiffs could be determined. (Exhibit 1). 

4. Pursuant to the terms of the Default Judgment Order, Judgment was entered in favor of 

Plaintiffs and against Defendant A.B.D. for all unpaid contributions, liquidated damages 

and interest owed for the month of January 2012. (Exhibit 1). 

5. Pursuant to the terms of the Default Judgment Order, Plaintiffs were granted leave to 

amend the Judgment once the Contribution Report for January 2012 is submitted and 

Defendant’s total aggregate liability was determined. (Exhibit 1). 

6. The January 2012 Contribution Reports revealed unpaid contributions in the amount of 

$2,514.00, unpaid liquidated damages in the amount of $244.80, and unpaid interest in 

the amount of $184.78. (Affidavit of Mike Maloney is attached as Exhibit 2). 

7. Pursuant to the terms of the Default Judgment Order, Judgment was entered in favor of 

Plaintiffs and against Defendant A.B.D. for all reasonable attorney’s fees and costs 

incurred by the Plaintiffs pursuant to the Collective Bargaining Agreement, Trust 

Agreements, Secured Settlement Agreement and 29 U.S.C. §1132(g)(2)(D).

8. Defendant A.B.D. currently owes the Plaintiffs reasonable attorney’s fees and costs in the 

amount of $5,876.21 for the period of January 4, 2012 through the present. (Affidavit of 

Jessica Adelman is attached as Exhibit 3).

Case: 1:12-cv-00418 Document #: 21 Filed: 05/25/12 Page 2 of 3 PageID #:99
3

9. The total principal balance due and owing to the Plaintiffs from Defendant A.B.D. is 

$8,819.79. 

10. A Draft Judgment Order has been provided to the Court. 

WHEREFORE, Plaintiffs respectfully request this Honorable Court enter Final Judgment 

in favor of Plaintiffs and against the Defendant A.B.D. in the amount of $8,819.79 and for other 

such relief as this Court deems just and equitable all at Defendant’s cost pursuant to 29 U.S.C. 

§1132(g)(2)(E).

Respectfully submitted,

JOHNSON & KROL, LLC

By: /s/ Jessica Adelman - 6305349

One of Plaintiffs’ Attorneys

Jessica Adelman 

ATTORNEY FOR PLAINTIFFS

Johnson & Krol, LLC

208 South LaSalle Street, Suite 1602

Chicago, Illinois 60604

(312) 372-8587

Case: 1:12-cv-00418 Document #: 21 Filed: 05/25/12 Page 3 of 3 PageID #:100