EXHIBIT LIST

EXHIBIT A
Copy of Returned Service of Summons

EXHIBIT B
Declaration of John Libby

EXHIBIT C
Signed Agreement

EXHIBIT D
Declaration of David Whitfield

EXHIBIT E
Detailed Billing of Whitfield, McGann & Ketterman

TABF
Notice of Motion

TABG
Draft Judgment Order



IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

CHICAGO REGIONAL COUNCIL OF
CARPENTERS PENSION FUND, et al.,

)

)

)
Plaintiffs, ) Case 12 cv 4515
v. ) Judge Aspen
)
)
)
)

LAKE STATES ENGINEERING CORP.,
Defendant.

MOTION FOR JUDGMENT BY DEFAULT

Now come Plaintiffs, the Chicago Regional Council of Carpenters Pension
Fund, et al., by their attorney, David Whitfield of Whitfield McGann &
Ketterman, and respectfully request that a Judgment by Default be entered
against the Defendant, Lake States Engineering Corp. In support of the
motion, the Plaintiffs state as follows:

1 Plaintiffs filed their Complaint on June 11, 2012 and the
Defendant was served with a copy of the Complaint and Summons on June 14,
2012. (Exhibit A)

2. The Defendant has failed to appear, answer or otherwise plead
within the time allowed by the Federal Rules of Civil Procedure.

3. This action arises under Section 502 of the Employee Retirement
Income Security Act and Section 301 of the Taft-Hartley Act. (29 U.S.C. §§1132
and 185). Jurisdiction is founded on the existence of questions arising
thereunder.

4. The CHICAGO REGIONAL COUNCIL OF CARPENTERS PENSION

FUND, the CHICAGO REGIONAL COUNCIL OF CARPENTERS WELFARE


FUND and the CHICAGO REGIONAL COUNCIL OF CARPENTERS
APPRENTICE AND TRAINEE PROGRAM ("Trust Funds") receive contributions
from numerous employers pursuant to Collective Bargaining Agreements
between the employers and the CHICAGO REGIONAL COUNCIL OF
CARPENTERS, ("Union"), and therefore, are multiemployer plans. (29 U.S.C.
§1002). The Trust Funds are administered at 12 East Erie, Chicago, Illinois and
venue is proper in the Northern District of Illinois. (Exhibit B)

5. Lake States Engineering Corp. is an employer engaged in an
industry affecting commerce entered into a Collective Bargaining Agreement
whose terms require Defendant to pay fringe benefits to the Trust Funds. (Exhibit
B, Exhibit C)

6. The Collective Bargaining Agreement also binds Lake States
Engineering Corp. to the provisions of the Agreement and Declarations of
Trust that created the Trust Funds ("Trust Agreements”). (Exhibit B)

7. Lake States Engineering Corp. is required to make
contributions to the Trust Funds for each hour worked by its carpenter
employees at the rate and in the manner specified in the Collective Bargaining
Agreements and Trust Agreements. In addition, the Defendant is required to
make contributions to the Trust Funds measured by the hours worked by
subcontractors that are not signatory to a Collective Bargaining Agreement with
the Union. (Exhibit B)

8. Lake States Engineering Corp. submitted the monthly

contribution reports but failed to submit the ERISA contributions shown to be


owed in the amount of $14,932.48 for the months of October 2011 through
April 2012. (Exhibit B)

9. The Defendant also failed to remit union dues withheld from the
employees’ wages. The amount of dues withheld is $764.09 for the period -
October 2011 through April 2012. (Exhibit B)

10. Lake States Engineering Corp. owes interest on the unpaid
ERISA contributions in the amount of $182.73 pursuant to the Trust
Agreements and 29 U.S.C. §1132(g)(2)(B). (Exhibit B)

11. Lake States Engineering Corp. owes liquidated dames on the
unpaid ERISA Contributions on the amount of $2,115.46 for the period May
2011, and July 2011 through April 2012 pursuant to the Collective
Bargaining Agreements, the Trust Agreements and 29 U.S.C. §1132(g)(2)(C)Gi).
(Exhibit B)

12. Lake States Engineering Corp. owes $1,312.50 for necessary and
reasonable attorney fees, and costs of $350.00 totaling $1,662.50 which are
collectible under the terms of the Collective Bargaining Agreements, the Trust

Agreements and 29 U.S.C. §1132(g)(2)(D). (Exhibit D, Exhibit E)

WHEREFORE, Plaintiffs respectfully pray that this Honorable Court enter
a Judgment by Default in the amount of $19,657.26.

Respectfully Submitted,

CHICAGO REGIONAL COUNCIL
PENSION FUND etal.

s/David Whitfield
By:

DAVID WHITFIELD