UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

 )

UNITED FOOD AND COMMERCIAL WORKERS )

INTERNATIONAL UNION-INDUSTRY PENSION )

FUND and its Trustees: ANTHONY M. PERRONE, )

JOHN A. WAGNER, KENNETH R. BOYD, )

CARL IVKA, ROBERT A. BLAIR, )

TIMOTHY MELIA, MILTON JONES, )

JON K. MCPHERSON, RICHARD D. COX, )

M. SCOTT HENDERSON, JASON PARADIS )

and GENEROSO DEL ROSARIO )

)

18861 90th Avenue, Suite A )

Mokena, IL 60448 ) Case No. 1:20-cv-3061

)

Plaintiffs, )

v. )

)

GEPPERTH’S MEAT MARKET, INC. )

1964 N. Halsted Street )

Chicago, IL 60614 )

)

Serve: Zen Wealth Management Group )

2125 W. Irving Park Rd. )

Chicago, IL 60618 )

Defendant. )

)

COMPLAINT

Plaintiffs, United Food and Commercial Workers International Union-Industry Pension 

Fund (the “Fund”) and its Trustees, by counsel, hereby complain of Gepperth’s Meat Market, Inc. 

(“Gepperth’s” or “Defendant”) as follows:

Introduction

1. This action is brought under the Employee Retirement Income Security Act of 1974 

(“ERISA”), as amended, 29 U.S.C. §§ 1001 et seq., and the Labor Management Relations Act of 

1948 (“LMRA”), 29 U.S.C. § 185. Plaintiffs seek a judgment against Defendant for withdrawal 

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liability, delinquent contributions, interest, liquidated damages, and attorneys’ fees and costs 

incurred by the Fund, a multiemployer defined benefit pension plan, in collecting these amounts.

Jurisdiction and Venue

2. Jurisdiction is conferred upon this Court by 28 U.S.C. § 1331 and Sections 502 and 515 of 

ERISA, 29 U.S.C. §§ 1132, 1145, and Section 301 of the LMRA, 29 U.S.C. § 185.

3. Venue is proper in this district pursuant to Section 502(e)(2) of ERISA, 29 U.S.C. § 

1132(e)(2), because the Fund is administered in this district. 

Parties

4. The Fund is a joint labor-management pension fund established pursuant to Section 302(c) 

of the LMRA, 29 U.S.C. § 186(c), and a multiemployer employee benefit plan within the meaning 

of Sections 3(3), 3(37), and 4001(a)(3) of ERISA, 29 U.S.C. §§ 1002(3), 1002(37), and 1301(a)(3). 

5. Plaintiffs Anthony M. Perrone, John A. Wagner, Kenneth R. Boyd, Carl Ivka, Robert A. 

Blair, Timothy Melia, Milton Jones, Jon K. McPherson, Richard D. Cox, M. Scott Henderson, 

Jason Paradis, and Generoso Del Rosario are Trustees of the Fund and “fiduciaries” with respect 

to the Fund as defined in Section 3(21) of ERISA, 29 U.S.C. § 1002(21), and are members of the 

Fund’s Board of Trustees, which is the “plan sponsor” within the meaning of Section 

4001(a)(10)(A) of ERISA, 29 U.S.C. § 1301(a)(10)(A). The Fund is administered in Mokena, 

Illinois. 

6. Defendant Gepperth’s is an employer within the meaning of 29 U.S.C. § 152(2) and 

Section 3(5) of ERISA, 29 U.S.C. § 1002(5), and is engaged in an industry affecting commerce, 

within the meaning of Sections 3(11) and (12) of ERISA, 29 U.S.C. § 1002(11) and (12). Upon 

information and belief, Gepperth’s is a corporation organized under the laws of the State of Illinois

with a principal place of business in Chicago, Illinois.

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Governing Documents

7. At all times relevant to this action, Gepperth’s employed employees who were represented 

for the purposes of collective bargaining by United Food and Commercial Workers International 

Union No. 1546 (“Local 1546”), a labor organization representing employees in an industry 

affecting interstate commerce. 

8. At all times relevant to this action, Gepperth’s has been bound by Collective Bargaining 

Agreements (“CBAs”) obligating Gepperth’s to make monthly contributions to the Fund and 

submit monthly remittance reports to the Fund detailing those individuals who are covered under 

the Fund for purposes of accruing pension benefits.

9. Under the CBAs, Gepperth’s agreed to be bound by the Agreement and Declaration of 

Trust (“Trust Agreement”) governing the Fund, and any rules and policies adopted by the Trustees 

thereunder. The Trust Agreement required Gepperth’s to submit monthly pension contributions to 

the Fund. 

10. Gepperth’s was also party to an Employer Participation Agreement with the Fund 

(“Participation Agreement”) at all times relevant to this action. The terms of the Participation 

Agreement obligated Gepperth’s to be bound by the terms and provisions of the Trust Agreement, 

including all amendments thereto.

11. The Trust Agreement bound Gepperth’s to the Fund’s Delinquency Collection Procedure 

adopted by the Trustees (“Delinquency Policy”).

12. The Delinquency Policy requires Gepperth’s to submit monthly remittance reports and 

pension contributions to the Fund, establishes the Fund’s interest rate on delinquent contributions, 

provides for the Fund to charge interest on late-paid contributions, and calls for the Fund to collect 

attorneys’ fees, costs, and liquidated damages related to collecting a delinquency.

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COUNT I: DELINQUENT CONTRIBUTIONS

13. Plaintiffs incorporate the foregoing Paragraphs as if stated herein.

14. Gepperth’s is obligated to pay contributions to the Fund as required by the CBA, the Trust 

Agreement, the Participation Agreement, and Sections 502 and 515 of ERISA, 29 U.S.C. §§ 1132, 

1145.

15. Gepperth’s made late payments on its contributions for the period of September 2019 

through December 2019 and has failed to pay a total of $1,250.60 in estimated contributions owed 

to the Fund for the period of January 2020 through April 2020.

16. By failing to pay the required contributions, Gepperth’s has violated Section 515 of 

ERISA, 29 U.S.C. § 1145, Section 302 of the LMRA, 29 U.S.C. § 186, and the Trust Agreement.

17. Accordingly, pursuant to Section 502(g)(2) of ERISA, 29 U.S.C. § 1132(g)(2), the 

LMRA, and the Trust Agreement, and the Participation Agreement, Gepperth’s is liable to the 

Fund for $1,250.60 in estimated delinquent contributions and interest for the period of January

2020 through April 2020 and any contributions that become delinquent or are discovered while 

this action is pending, interest accruing at the Fund’s interest rate of 2% above the prime rate from 

the date the contributions became due and owing until the date paid, liquidated damages in an 

amount that is equal to the greater of the interest on the delinquent contributions or 20 percent of 

the amount of delinquent contributions, and reasonable attorneys’ fees and costs incurred by the 

Plaintiffs in pursuing the delinquent amounts.

COUNT II: WITHDRAWAL LIABILITY

18. Plaintiffs incorporate the foregoing Paragraphs as if stated herein.

19. The Fund determined that in the Plan Year ended June 30, 2016, Gepperth’s effected a 

“partial withdrawal” from the Fund, as defined in Section 4205 of ERISA, 29 U.S.C. § 1385 

(“2016 Partial Withdrawal”).

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20. The Fund determined that as a result of the 2016 Partial Withdrawal, Gepperth’s incurred 

withdrawal liability to the Fund in the amount of $93,236.00 as determined under Section 4201(b) 

of ERISA, 29 U.S.C. § 1381(b).

21. On or about January 31, 2018, the Fund issued a Notice and Demand for payment of 

withdrawal liability for the 2016 Partial Withdrawal in accordance with Sections 4202(2) and 

4219(b)(1) of ERISA, 29 U.S.C. §§ 1382(2), 1399(b)(1).

22. This Notice and Demand for payment informed Gepperth’s that its withdrawal liability 

for the 2016 Partial Withdrawal was $93,236.00, payable in 80 quarterly installment payments of 

$1,718.00. The Notice and Demand stated the first quarterly payment was due on or before March 

1, 2018. 

23. The Fund later determined that in the Plan Year ended June 30, 2018, Gepperth’s effected 

another “partial withdrawal” from the Fund, as defined in Section 4205 of ERISA, 29 U.S.C. 

§ 1385 (“2018 Partial Withdrawal”).

24. The Fund determined that as a result of the 2018 Partial Withdrawal, Gepperth’s incurred 

withdrawal liability to the Fund in the amount of $10,552.00 as determined under Section 4201(b) 

of ERISA, 29 U.S.C. § 1381(b).

25. On or about November 18, 2019, the Fund issued a Notice and Demand for payment of 

withdrawal liability for the 2018 Partial Withdrawal in accordance with Sections 4202(2) and 

4219(b)(1) of ERISA, 29 U.S.C. §§ 1382(2), 1399(b)(1).

26. This Notice and Demand for payment informed Gepperth’s that its withdrawal liability 

for the 2018 Partial Withdrawal was $10,552.00, payable in 8 quarterly installment payments of 

$1,320.00 plus a final quarterly payment of $416.00. The Notice and Demand stated the first 

quarterly payment was due on or before December 1, 2019. 

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27. Gepperth’s failed to make its quarterly payments for the 2018 Partial Withdrawal due on 

December 1, 2019 and March 1, 2020. Additionally, Gepperth’s was late in making its quarterly 

payments for the 2016 Partial Withdrawal due on June 1, 2018, December 1, 2018, March 1, 2019

and June 1, 2019 and failed to make its quarterly payments due September 1, 2019, December 1, 

2019, and March 1, 2020.

28. Neither Gepperth’s nor any other trade or business under common control has cured the 

delinquent withdrawal liability installment payments from the 2018 Partial Withdrawal due on 

December 1, 2019 and March 1, 2020, or the delinquent withdrawal liability installment payments

from the 2016 Partial Withdrawal due September 1, 2019, December 1, 2019, and March 1, 2020. 

29. Neither Gepperth’s nor any other trade or business under common control requested plan 

sponsor review or arbitration of the withdrawal liability assessment within the time periods 

specified in Sections 4219(b)(2)(A) and 4221(a)(1) of ERISA, 29 U.S.C. §§ 1399(b)(2)(A) and 

1401(a)(1), foreclosing any challenge to the Fund’s assessment and fixing the amounts due.

30. ERISA Section 4301(b), 29 U.S.C. § 1451(b), provides that the failure to make 

withdrawal liability payments when due shall be treated as a contribution delinquency under 

Section 515 of ERISA, 29 U.S.C. § 1145. 

31. Accordingly, pursuant to ERISA Section 502(g)(2), 29 U.S.C. § 1132(g)(2), Defendant is 

liable for $7,794.00 in withdrawal liability, plus accrued interest on the withdrawal liability at the 

Fund’s interest rate as prescribed in Section 6621 of the Internal Revenue Code from the date of 

default through the date paid; liquidated damages equal to 20 percent of the withdrawal liability in 

the amount of at least $1,558.80; and attorneys’ fees and costs incurred by the Fund in pursuing 

this action. 

Prayer for Relief

WHEREFORE, Plaintiffs request the following relief:

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(a) Enter judgment against Defendant and in favor of Plaintiffs, pursuant to Section 

502(g)(2) of ERISA, 29 U.S.C. § 1132(g)(2), for the following amounts: 

(1) $1,250.60 in estimated delinquent contributions;

(2) Interest on the delinquent contributions at the Fund’s interest rate of 2%

above the prime rate accruing from the date the contributions became due and owing until 

the date paid, as required by Section 502(g)(2) of ERISA, 29 U.S.C. § 1132(g)(2);

(3) An amount equal to the greater of the interest on the delinquent contributions

or 20 percent of the delinquent contributions, in an amount of at least $239.11, as required 

by Section 502(g)(2) of ERISA, 29 U.S.C. § 1132(g)(2);

(4) Additional contributions that may become delinquent during the pendency of

this action or which become ascertainable based on the Fund’s review of Gepperth’s

employment records;

(5) $7,794.00 in withdrawal liability; 

(6) Additional interest on the withdrawal liability at the Fund’s interest rate as 

prescribed in Section 6621 of the Internal Revenue Code of 1954, accruing from the date 

of default until the date paid; 

(7) An amount equal to the greater of the interest on the withdrawal liability or 20 

percent of the withdrawal liability, in an amount of at least $1,558.80 in liquidated 

damages, as required by Section 502(g)(2) of ERISA, 29 U.S.C. § 1132(g)(2);

(8) Attorneys’ fees and costs incurred by the Fund in the collection of withdrawal 

liability and delinquent contributions, including the attorneys’ fees and costs in this action, 

as required by ERISA Section 502(g)(2), 29 U.S.C. § 1132(g)(2); and; 

(b) Retain jurisdiction of this case pending compliance with its Orders; and

(c) Grant Plaintiffs such other and further relief as may be just and proper.

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Dated: May 22, 2020 Respectfully submitted,

/s/ Jeffrey S. Endick, with consent

Jeffrey S. Endick, Esq. (Bar No. 4133661)

Kristina F. Salamoun, Esq. (Bar No. 89157)

SLEVIN & HART, P.C.

1625 Massachusetts Avenue, NW, Suite 450

Washington, D.C. 20036

(202) 797-8700

(202) 234-8231 (facsimile)

/s/ David Huffman-Gottschling

Sherrie E. Voyles, Esq. (Bar No. 06242386)

David Huffman-Gottschling, Esq. (Bar No. 06269976)

JACOBS, BURNS, ORLOVE & HERNANDEZ LLP

150 North Michigan Avenue, Suite 1000

Chicago, IL 60601

(312) 327-3443

Counsel for Plaintiffs

A copy of this Complaint will be served upon the Secretary of Labor and the Secretary of 

the Treasury by certified mail, as required by Section 502(h) of ERISA, 29 U.S.C. § 1132(h).

20843191v1

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