IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

LABORERS’ PENSION FUND and )

LABORERS’ WELFARE FUND OF THE )

HEALTH AND WELFARE DEPARTMENT )

OF THE CONSTRUCTION AND GENERAL )

LABORERS’ DISTRICT COUNCIL OF )

CHICAGO AND VICINITY, and JAMES S. )

JORGENSEN, Administrator of the Funds, )

)

)

Plaintiffs, )

) Case No. 12 C 2703

 v. )

) Honorable Robert W. Gettleman

)

R & W CLARK CONSTRUCTION, INC., and )

RICHARD W. CLARK, doing business as R & )

W Clark Construction, Inc., )

)

Defendants. )

)

AGREED JUDGMENT ORDER

This matter coming to be heard on the motion of plaintiffs Laborers’ Pension Fund and

Laborers’ Welfare Fund of the Health and Welfare Department of the Construction and General

Laborers’ District Council of Chicago and Vicinity (the “Laborers’ Funds”) agreed entry of a

judgment. 

IT IS HEREBY ORDERED:

1. That the Clerk of the Court shall enter judgment in the amount of $186,352.70 against the

defendants, R & W Clark Construction, Inc., and Richard W. Clark, and on behalf of the Laborers’

Pension and Welfare Funds. The total judgment amount of $186,352.70 consisting of the following:

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Case: 1:12-cv-02703 Document #: 13 Filed: 01/29/13 Page 1 of 3 PageID #:20
For the audit period covering June 1, 2010 through July 31, 2012

Principal Contributions and Union Dues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $108,461.20

Liquidated damages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $21,158.57

Audit costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,297.72

Accumulated penalties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $907.20

Interest .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $16,510.11

For the unaudited period covering August 1, 2012 through November 2012,

which may in the future be subject to an audit review by the Funds’ at their discretion 

Principal Contributions and Union Dues. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $24,316.43

Liquidated damages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $4,723.36

Interest. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,658.61

Attorneys’ fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $6,899.50

Costs.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $420.00

2. Execution of judgment is stayed pending compliance with the terms of an installment note. 

Should defendant fail to make a payment or payments consistent with the installment note,

paragraphs 1-6, or fail to pay current contributions as described by the installment notes paragraphs

10, plaintiffs may execute on the outstanding portion of the judgment as described in paragraph one,

above, without further order of court. 

3. The defendant is directed to comply with their obligations to the plaintiffs under ERISA,

and under the applicable collective bargaining agreement andTrust Agreements. Obligations include

filing monthly reports accurately reflecting the work performed within the jurisdiction of the labor

agreement and remitting timely contributions to the plaintiffs’ Funds. All current contributions are

due the 10 day of the month following the month in which the work is performed. At all material

th

times, the Funds have discretion to credit any payment received from defendants to either the

amounts owed as described in paragraph one or to any future unpaid contribution. 

4. Defendant agrees and this Court orders defendant to obtain and maintain a surety bond in the 

amount required by the Union to guarantee the payment of wages, pension and welfare contributions

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as required by Article IX of the collective bargaining agreement. It is further ordered that within 60

days of the date of this judgment order defendant shall provide written proof that it has obtained such

a surety bond to plaintiffs’ counsel, Sara S. Schumann, Allison, Slutsky& Kennedy, P. C., 230 West

Monroe, Suite 2600, Chicago, IL 60606. 

5. Should the Funds direct this Company to undergo an audit review for the time period

identified from August 1, 2012 through the date of the dismissal of this case, the Funds will be

entitled to a separate judgment in another collection case for all unpaid contributions owed as

disclosed by that audit report and this litigation will not bar the Funds from collection for the period

from August 1, 2012 through the dismissal of this case. 

6. This Court retains jurisdiction to enforce the terms of the Installment Note and this Judgment 

Order. 

BY: 

 

 On behalf of the Funds On behalf of R & W Clark Construction, Inc.

and Richard W. Clark

E N T E R E D

 

U.S. DISTRICT COURT 

DATE: 

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