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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

CENTRAL STATES, SOUTHEAST AND )

SOUTHWEST AREAS PENSION FUND; )

CENTRAL STATES, SOUTHEAST AND )

SOUTHWEST AREAS HEALTH AND ) 

WELFARE FUND; and ) Case No. 12 C 4084

ARTHUR H. BUNTE, JR., as Trustee, )

) Honorable Andrea R. Wood

Plaintiffs, ) District Judge

)

v. )

)

WINGRA REDI-MIX, INC., )

a Wisconsin corporation, )

)

Defendant. )

AGREED MOTION FOR ENTRY OF PROPOSED JUDGMENT ORDER

In accordance with this Court’s Memorandum Opinion and Order entered on April 

18, 2016, Plaintiffs, Central States, Southeast and Southwest Areas Pension Fund (the 

“Pension Fund”) and Arthur H. Bunte, Jr., trustee, and Defendant, Wingra Redi-Mix, 

Inc., hereby move for entry of a proposed Judgment Order. In support of this Motion, the 

parties state as follows:

1. The parties agree that judgment may be entered in favor of Plaintiffs, 

Central States, Southeast and Southwest Areas Health and Welfare Fund and Arthur H. 

Bunte, Jr., trustee, have and recover judgment from and against Defendant, Wingra 

Redi-Mix, Inc., in the total amount of $142,526.23, exclusive of attorneys’ fees and 

costs.

2. The parties agree that judgment may be entered in favor of Plaintiffs, 

Central States, Southeast and Southwest Areas Pension Fund and Arthur H. Bunte, Jr., 
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trustee, have and recover judgment from and against Defendant, Wingra Redi-Mix, Inc., 

in the total amount of $46,117.24, exclusive of attorneys’ fees and costs

3. The Plaintiffs also request that post-judgment interest on the entire 

judgment balance at the greater of: (i) an annualized interest rate equal to two percent 

(2%) plus the prime interest rate established by JPMorgan Chase Bank, NA for the 

fifteenth (15th) day of the month for which the interest is charged; or (ii) at an 

annualized interest rate of seven and one-half percent (7.5%), with said interest to be 

compounded annually.

4. The parties agree Plaintiffs are allowed costs taxable under 28 U.S.C. § 

1920. Further, pursuant to 29 U.S.C. §1132(g)(2)(D), Plaintiffs are entitled to an award 

of reasonable attorneys’ fees and non-taxable costs. The parties agree that any request 

for taxable costs and attorneys’ fees and non-taxable costs be handled pursuant to

Local Rules 54.1 and 54.3.

5. The parties request that the deadlines under Local Rule 54.1 and 54.3 be 

extended for an additional 30 days, such that: (i) any bill of costs will be due 60 days 

after the entry of the Judgment Order under Local Rule 54.1; and (ii) and any motion for 

attorneys’ fees and non-taxable costs will be due 120 days after entry of the Judgment 

Order under Local Rule 54.3. 

6. The parties also request that in the event either party files an appeal of the

Judgment Order, the deadlines set forth in Local Rule 54.1 and 54.3 will begin to run 

from the date the mandate is returned.
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7. Prior to filing this motion, counsel for Plaintiffs and counsel for Defendants 

conferred pursuant to Local Rules 54.1 and 54.3. Counsel for Defendant agrees, 

subject to paragraph 8 below, to the entry of the proposed Judgment Order.

8. The entry of this Judgment does not affect the ability of Defendant to 

appeal, including but not limited to, challenging this Court’s decision to enter summary 

judgment in favor of Plaintiffs and against Defendant, the amounts listed above in 

paragraphs 1 and 2, or any subsequent order for attorneys’ fees and costs. Nothing in 

this Judgment shall be construed as waiving or forfeiting Defendant’s right to appeal any 

aspect of this Judgment.

9. A copy of the proposed Judgment Order is attached hereto as Exhibit A. 

The proposed Judgment Order has also been submitted to the Court’s proposed order 

e-mail address.

WHEREFORE, for the reasons set forth herein, the parties request that this 

Court enter the agreed proposed Judgment Order attached as Exhibit A and for such 

other relief deemed just and proper. 

Respectfully submitted, 

/s/ Anthony E. Napoli /s/ with consent of Robert S. Driscoll

Anthony E. Napoli Robert S. Driscoll

Attorney for Plaintiffs Attorney for Defendant

Central States Funds Reinhart Boerner Van Deuren

9377 West Higgins Road, 10th Floor 1000 North Water Street, Suite 1700

Rosemont, Illinois 60018-4938 Milwaukee, WI 53202

(847) 939-2469 (414) 298-8272

ARDC # 06210910 rdriscoll@reinhartlaw.com

tnapoli@centralstates.org
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CERTIFICATE OF SERVICE

I, Anthony E. Napoli, one of the attorneys for Plaintiffs, certify that on July 29, 

2016, I electronically filed the forgoing Agreed Motion for Entry of Proposed Judgment 

Order with the Clerk of the Court using the ECF system. This filing was served on all 

parties indicated on the electronic filing receipt via the ECF system.

/s/ Anthony E. Napoli 

Anthony E. Napoli

One of Central States' Attorneys