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IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

BOARD OF TRUSTEES OF THE )

AUTOMOBILE MECHANICS’ LOCAL NO. 701 )

UNION AND INDUSTRY PENSION FUND, ) CASE NO. 12-CV-4565

)

Plaintiff, ) JUDGE: NORGLE

vs. )

) MAGISTRATE JUDGE: NOLAN

ULT SERVICES L.P. f/k/a UNITED )

LIFT TRUCK L.P., an Illinois Limited Partnership, )

And UNITED LIFT TRUCK, INC., an Illinois )

Corporation, )

)

Defendants. )

PLAINTIFF’S MOTION FOR JUDGMENT IN SUM CERTAIN

NOW COMES the Plaintiff, BOARD OF TRUSTEES OF THE AUTOMOBILE 

MECHANICS’ LOCAL NO. 701 UNION AND INDUSTRY PENSION FUND, by and through 

its attorneys, JOHNSON & KROL, LLC, moves this Honorable Court for entry of Judgment in 

Sum Certain in favor of the Plaintiff and against the Defendants ULT SERVICES, L.P. f/k/a 

UNITED LIFT TRUCK, L.P. (“ULT LP”) and UNITED LIFT TRUCK, INC. (“ULT INC.”), 

jointly and severally, and in support states as follows:

1. On August 23, 2012, the Plaintiff filed their First Amended Complaint seeking a 

judgment for unpaid quarterly withdrawal liability installments, liquidated damages, 

interest and attorney’s fees and costs pursuant to 29 U.S.C. §1399. (Docket Entry No. 

30). (Docket Entry No. 28). 

2. On September 20, 2012, the Plaintiff filed its Second Motion for Judgment on the 

Pleadings. (Docket Entry No. 30). 
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3. On May 15, 2013, this Honorable Court granted the Plaintiff’s Second Motion for 

Judgment on the Pleadings. (Docket Entry No. 38). 

4. However, the Court’s Order did not enter judgment in sum certain because the quarterly 

installments outstanding at the time of the judgment was not known by the court. 

(Docket Entry No. 38). 

5. As of May 22, 2013, the Defendants ULT LP and ULT INC. have failed to submit eight 

(8) quarterly installments required by the Plaintiff’s Notice and Demand for Withdrawal 

Liability. See Exhibit 2 to the Plaintiff’s First Amended Complaint (Docket Entry No. 

28-2) (setting forth the quarterly installment schedule). 

6. As of May 22, 2013, the Defendants ULT LP and ULT INC. owe a total of $819,172.32 

in unpaid quarterly installments, statutory interest and liquidated damages, as follows:

Quarterly 

Installment: Due Date: Payment Amount:

Statutory 

Interest 

(3.25% 

APR):

Liquidated 

Damages:

1 7/1/2011 $90,320.00 $5,731.67 $9,032.00

2 10/1/2011 $90,320.00 $4,948.05 $9,032.00

3 1/1/2012 $90,320.00 $4,170.83 $9,032.00

4 4/1/2012 $90,320.00 $3,408.29 $9,032.00

5 7/1/2012 $90,320.00 $2,651.90 $9,032.00

6 10/1/2012 $90,320.00 $1,893.40 $9,032.00

7 1/1/2013 $90,320.00 $1,141.10 $9,032.00

8 4/1/2013 $90,320.00 $411.08 $9,032.00

Totals: $722,560.00 $24,356.32 $72,256.00

Grand 

Total: $819,172.32

(Affidavit of Steven Bukovac is attached as Exhibit 1). 

7. Defendants ULT LP and ULT INC. are liable to the Plaintiff for all attorney’s fees and 

costs expended in collecting the withdrawal liability in the amount of $27,668.36
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pursuant to the Collective Bargaining Agreement, Pension Fund Trust Agreement and 29 

U.S.C. § 1451(e). (Affidavit of Attorney’s Fees is attached as Exhibit 2).

8. A proposed Final Judgment Order has been provided to the Court. 

WHEREFORE, the Plaintiff respectfully requests that this Honorable Court enter a 

Judgment in Sum Certain in the aggregate amount of $846,840.68 and grant the Plaintiff other 

relief that this Honorable Court deems to be just and equitable. 

Respectfully Submitted,

BOARD OF TRUSTEES OF THE 

AUTOMOBILE MECHANICS’ LOCAL NO. 

701 UNION AND INDUSTRY PENSION FUND

/s/ Jeffrey A. Krol – 6300262

One of Plaintiff’s Attorneys

Joseph E. Mallon

Jeffrey A. Krol 

JOHNSON & KROL, LLC

300 South Wacker Drive, Suite 1313

Chicago, Illinois 60606 

312-372-8587