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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-3339

BOARD OF TRUSTEES of the CHICAGO AREA )

MECHANICAL CONTRACTING INDUSTRY )

IMPROVEMENT TRUST; ) JUDGE: HOLDERMAN

THE PIPE FITTERS’ ASSOCIATION, )

LOCAL 597 U.A.; BOARD OF TRUSTEES )

of the PIPE FITTERS’ INDIVIDUAL )

ACCOUNT and 401(K) PLAN; and )

BOARD OF TRUSTEES of the PIPE FITTING )

COUNCIL OF GREATER CHICAGO, )

)

Plaintiffs, )

)

vs. )

)

HERNANDEZ MECHANICAL, INC., an Indiana )

Corporation; and ) 

DANA HERNANDEZ, an Individual, )

)

Defendants. )

MOTION TO REINSTATE LAWSUIT AND 

FOR ENTRY OF JUDGMENT AS TO LIABILITY

NOW COME the 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 

Order of August 3, 2012, move to Reinstate the Lawsuit and for Entry of Judgment as to 

Liability, and in support state as follows:

1. Plaintiffs are the Board of Trustees of the Pipe Fitters Retirement Fund, Local 597, the 

Board of Trustees of the Pipe Fitters Welfare Fund, Local 597, the Board of Trustees of 
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the Pipe Fitters Training Fund, Local 597, the Board of Trustees of the Chicago Area 

Mechanical Contracting Industry Improvement Trust, the Board of Trustees of the Pipe 

Fitters’ Individual Account and 401(k) Plan and the Board of Trustees of the Pipe Fitting 

Council of Greater Chicago (collectively “TRUST FUNDS”), and The Pipe Fitters’ 

Association, Local 597 U.A (“UNION”).

2. Defendants are Hernandez Mechanical, Inc. (“HMI”) and Dana Hernandez 

(“HERNANDEZ”). 

3. On May 3, 2012, Plaintiffs filed their Complaint in the above-captioned matter.

4. On or about July 6, 2012, the Plaintiffs and Defendants entered into a Secured Settlement

Agreement that requires the Defendants to submit thirty (30) monthly payments of 

$2,823.11, followed by six (6) monthly payments of $2,871.07 to pay off the principal 

balance of $78,615.14 at an interest rate of 6.0%. (A copy of the Secured Settlement 

Agreement is attached as Exhibit 1). 

5. The terms of the Secured Settlement Agreement provide that in the event HMI and 

HERNANDEZ default on any of their obligations under the terms of the Secured 

Settlement Agreement: 

A.) All remaining payments will be accelerated and become immediately due 

and payable; 

B.) HMI and HERNANDEZ hereby confess judgment for any and all unpaid 

amounts; 

C.) An additional liquidated damages charge of 10% of all unpaid amounts

shall become due and payable by HMI and HERNANDEZ; and 

D.) In the event the TRUST FUNDS and/or UNION are required to engage an 

attorney to collect any amounts due under this Agreement, HMI and 

HERNANDEZ shall be liable for all reasonable attorney’s fees and costs 

incurred by the TRUST FUNDS and UNION. (Exhibit 1). 
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6. The Secured Settlement Agreement further states that Defendant HERNANDEZ shall be 

individually liable for the obligations of HMI under the terms of the Agreement, 

including the submission of ongoing Contributions for all months throughout the duration 

of the Agreement. (Exhibit 1). 

7. On August 3, 2012, the Court entered an Order Dismissing the Lawsuit and Retaining 

Jurisdiction to Enforce the Terms of the Parties’ Secured Settlement Agreement. (A copy 

of the Court’s Order dismissing the matter and retaining jurisdiction to enforce the 

Secured Settlement Agreement is attached as Exhibit 2). 

8. The Defendants have failed to submit their contribution payments for the months of 

March through June 2014 in the amount of $16,734.55.

9. The Defendants have also failed to submit their settlement payment for the month of July 

2014. 

10. Defendants’ failure to pay the March through June 2014 contributions and the July 2014 

settlement payment is a direct default of the terms of the Secured Settlement Agreement 

and this Court’s Order of August 3, 2012 Order. (Exhibits 1 and 2). 

11. The Secured Settlement Agreement states that upon default all remaining payments will 

be accelerated and become immediately due and payable. (Exhibit 1). 

12. The Secured Settlement Agreement further states that upon default Defendants HMI and 

HERNANDEZ confess judgment for any and all unpaid amounts. (Exhibit 1). 

13. The Plaintiffs seek to reinstate the lawsuit and request the immediate entry of judgment 

as to liability against Defendants HMI and HERNANDEZ, jointly and severally, pursuant 

to the Secured Settlement Agreement and Confession of Judgment. 
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14. The Plaintiffs have scheduled a payroll compliance audit of HMI for August 8, 2014 to 

determine the full extent of HMI and HERNANDEZ’s liability to the Plaintiffs.

15. The Plaintiffs further seek to petition the Court at a later date after August 8, 2014 for 

entry of final judgment in sum certain. 

WHEREFORE, Plaintiffs request the following:

A. That the Court reinstate the matter against HMI and HERNANDEZ pursuant to its Order 

of August 3, 2012; 

B. That Judgment as to liability immediately be entered in favor of Plaintiffs and against 

Defendants HMI and HERNANDEZ, jointly and severally, for their breach of the 

Secured Settlement Agreement; and 

C. That this Court grant the Plaintiffs leave to petition this Court after the payroll 

compliance audit is completed for entry of final judgment in sum certain; and 

D. That this Court grant the Plaintiffs any other relief it deems just and equitable all at the 

Defendants’ cost. 

Respectfully submitted,

TRUSTEES OF THE PIPE FITTERS

RETIREMENT FUND, LOCAL 597, et al., 

By: /s/ Jessica L. Adelman - 6305349

One of Plaintiffs’ Attorneys

Jessica L. Adelman 

JOHNSON & KROL, LLC

300 South Wacker Drive, Suite 1313

Chicago, Illinois 60606

(312) 372-8587