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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

PENSION FUND OF CEMENT MASONS’ 

UNION LOCAL UNION NO. 502 et al.,

Plaintiffs, 

vs.

GLOBAL CONCRETE CORP., an Illinois 

corporation, GLOBAL BUILDERS, INC., an 

Illinois corporation, and 

CARMEN GRATACE, an individual, 

 Defendants. 

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CASE NO.: 20-CV-4213

MAG. JUDGE: CUMMINGS

MOTION TO REINSTATE THE LAWSUIT AND FOR THE IMMEDIATE ENTRY OF 

JUDGMENT AGAINST GLOBAL BUILDERS, INC. AND CARMEN GRATACE

NOW COME the Plaintiffs, the PENSION FUND OF CEMENT MASONS’ UNION 

LOCAL UNION NO. 502 et al., by and through their attorneys, JOHNSON & KROL, LLC, and 

move this Honorable Court to reinstate the lawsuit and to enter an immediate judgment against the 

Defendants GLOBAL BUILDERS INC., (“GLOBAL BUILDERS”) and CARMEN GRATACE 

(“GRATACE”), and in support state as follows:

1. On March 17, 2021, during a settlement conference conducted by the Honorable Magistrate 

Judge Cummings, the Plaintiffs, GLOBAL BUILDERS and GRATACE agreed to resolve 

the Plaintiffs’ claims. 

2. On May 14, 2021, the Plaintiffs, GLOBAL BUILDERS and GRATACE entered into a 

Settlement Agreement to memorialize the settlement reached during the settlement 

conference. (A copy of the fully executed Settlement Agreement is attached as Exhibit 1). 

3. The fully executed Settlement Agreement was provided to GLOBAL BUILDERS and 

GRATACE’s counsel on May 14, 2021. 
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4. The Settlement Agreement required GLOBAL BUILDERS and GRATACE to pay 

$3,067.50 to the Plaintiffs within 30 days of May 14, 2021. (Settlement Agreement ¶ 9;

Exhibit 1).

5. Paragraph 10 of the Settlement Agreement further provided as follows: 

In the event [GRATACE] and/or [GLOBAL BUILDERS] fail to remit

payment of $3,067.50 within thirty (30) days of receiving a fully executed 

copy of this Agreement: (A) the [Plaintiffs] may petition the court to reinstate 

the Federal Lawsuit and to seek an immediate entry of judgment against 

[GRATACE] and [GLOBAL BUILDERS], jointly and severally, in the 

amount of $3,067.50; and (B) in the event the [Plaintiffs] are required to 

reinstate the Federal Lawsuit, [GRATACE] and [GLOBAL BUILDERS]

shall be liable for all their reasonable attorney’s fees and costs.

(Settlement Agreement ¶ 10; Exhibit 1).

6. Pursuant to the Settlement Agreement, the parties agreed to a Stipulated Order of Dismissal 

of the Defendants GLOBAL BUILDERS and GRATACE with the Court to Retain 

Jurisdiction to Enforce the terms of the Parties’ Settlement Agreement (“Stipulated Order 

of Dismissal”), which this Court entered on May 25, 2021. (Docket No. 60); (A copy of 

the Stipulated Order of Dismissal is attached hereto as Exhibit 2). 

7. Pursuant to Paragraph 1 of the Stipulated Order of Dismissal, Defendants GLOBAL 

BUILDERS and GRATACE were dismissed without prejudice. (Docket No. 60); (Exhibit 

2). 

8. Paragraphs 2 and 41 of the Stipulated Order of Dismissal provide as follows: 

2. The Court shall retain jurisdiction over the Parties and hereby grants the 

Plaintiffs leave to reinstate the proceedings in the above-captioned matter 

to enforce the terms of the Settlement Agreement entered into by and 

between the Parties in May 2021, but not later than July 13, 2021. The 

Parties are barred from relitigating any claims raised in this litigation or any 

claims released by means of the Settlement Agreement.

1 The Stipulated Order of Dismissal is missing a paragraph 3. 
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4. Pursuant to the Settlement Agreement entered into by and between the 

Parties in April 2021, Defendants GLOBAL BUILDERS and GRATACE 

are obligated to pay make payment to the Plaintiffs by June 13, 2021. 

Failure by the Defendant to comply with their payment obligation shall 

constitute a breach of the Settlement Agreement.

(Docket No. 60); (Exhibit 2). 

9. As of the date of this filing, Defendants GLOBAL BUILDERS and GRATACE have failed 

to remit payment of $3,067.50 in breach of the Settlement Agreement. (A Certification of 

Lawrence J. Picardi, Sr. is attached hereto as Exhibit 3).

10. In the preparation, review and filing of this Motion, the Plaintiffs incurred $910.42 in 

attorneys’ fees and costs, which should be awarded to them and against Defendants 

GLOBAL BUILDERS and GRATACE. (An Affidavit of Attorneys’ Fees is attached 

hereto as Exhibit 4).

WHEREFORE, Plaintiffs respectfully request:

A. That this matter be reinstated, and that Judgment be entered in favor of Plaintiffs and 

against the Defendants GLOBAL BUILDERS and GRATACE, jointly and severally, in 

the aggregate amount of $3,977.92, itemized as follows:

i. $3,067.50 required by the Settlement Agreement; and 

ii. $910.42 in reasonable attorneys’ fees and costs incurred by the Plaintiffs pursuant 

to the CBA, Trust Agreements, Settlement Agreement and 29 U.S.C. § 

1132(g)(2)(D). 

B. The Plaintiffs have such other and further relief as the Court may deem just and equitable 

all at the cost of Defendants GLOBAL BUILDERS and GRATACE pursuant to 29 U.S.C. 

§ 1132(g)(2)(E). 
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Respectfully Submitted,

PENSION FUND OF CEMENT MASONS’ 

UNION LOCAL UNION NO. 502 et al.

/s/ Jeffrey A. Krol – 6300262

One of Plaintiffs’ Attorneys 

Johnson & Krol, LLC

311 S. Wacker Dr., Suite 1050

Chicago, IL 60606 

(312) 757-5465

krol@johnsonkrol.com