IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

CENTRAL LABORERS’ PENSION FUND; )

CENTRAL LABORERS’ WELFARE FUND; )

CENTRAL LABORERS’ ANNUITY FUND; )

)

Plaintiffs, ) CIVIL ACTION

)

vs. ) NO. 20 C 4175

)

MILBURN, L.L.C., an Illinois limited liability ) JUDGE

company, )

)

Defendant. )

COMPLAINT

The Plaintiffs, CENTRAL LABORERS’ PENSION FUND, et al. (collectively “Plaintiff

Funds”), by their attorneys, complaining of the Defendant, MILBURN, L.L.C., an Illinois limited

liability company, allege as follows:

COUNT I

1. This action arises under the laws of the United States and is brought pursuant to the

Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. §§1132, 1145 (hereinafter referred to as "ERISA"). Jurisdiction is based upon the existence of questions arising

thereunder, as hereinafter more fully appears.

2. The Plaintiff Funds are various welfare, pension, and related joint, labor-management

funds and bring this action as “employee welfare and benefit funds” and "plans" and as fiduciaries

pursuant to ERISA, 29 U.S.C. §§1132(e).

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3. The Central Laborers’ Pension, Welfare, and AnnuityFunds are the collection agents

for the other named Plaintiff Funds which are employee benefit funds, labor-management

committees, and/or funds established pursuant to collective bargaining agreements between the

Laborers’ International Union of North America (“Union”) and certain employer associations whose

employers and their employees are covered by the collective bargaining agreements with the Union.

4. The Plaintiff Funds are entitled to collect contributions from employers pursuant to

participation agreements entered into between Plaintiff Funds and employers and/or collective

bargaining agreements between employers, local unions, and district councils affiliated with the

Union. 

5. Defendant, MILBURN, L.L.C., an Illinois limited liability company (“Milburn”), is

an “employer” within the meaning of ERISA and, as such, is obligated to make fringe benefit

contributions to the Plaintiff Funds, in accordance with the terms of the "Agreements and

Declarations of Trust" which establish and outline the administration of the Plaintiff Funds and/or

pursuant to the terms of a collective bargaining agreement to which Defendant is obligated.

6. As an employer obligated to make fringe benefit contributions to the Plaintiff Funds,

Defendant is specifically required to do the following:

(a) Contribute to the Plaintiff Funds, the amount required by any written agreement

between the Defendant and the Union or the Plaintiff Funds and the Defendant;

(b) To timely submit contributions by the 15th day of the month following the month in

which eligible employees perform work with respect to which contributions are

required; 

(c) To make all of its payroll books and records available to the Plaintiff Funds for the

purpose of auditing same, to determine whether Defendant is making full payment

as required under the applicable agreements;

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(d) To compensate the Plaintiff Funds for all reasonable costs incurred in the collection

process, including court fees, attorneys’ fees, filing fees, and any other expenses

actually incurred by the Trustees due to Defendant's failure to pay, or untimely remit

payment of contributions;

(e) To compensate thePlaintiff Funds for the additional administrative costs and burdens

imposed by Defendant’s failure to pay or the untimely payment of contributions by

way of payment of liquidated damages in the amount of 10% of any and all

contributions which are not timely received by the Plaintiff Funds by the 15th

day of

the month following the month the eligible employees performed work for which

contributions are required, together with interest as provided in the Agreements &

Declarations of Trust and ERISA, 29 U.S.C. § 1132(g) (or $25.00, whichever is

greater);

(f) To pay any and all costs incurred by the Plaintiff Funds in auditing Defendant’s

payroll records, should it be necessary to file suit and/or otherwise retain legal

counsel to enforce the Plaintiff Funds’ authority to perform an audit, or if it is

determined that Defendant was delinquent in the reporting or submission of all

contributions required of it to be made to the Plaintiff Funds;

7. Defendant is delinquent and has breached its obligations to the Plaintiff Funds and

its obligations under the plans in the following respect:

Defendant has failed to make payment of contributions, liquidated damages, and

audit fees based upon an audit of the Defendant's payroll records showing Defendant

to have been delinquent in the payment of contributions and to have reported hours

worked by its Employees incorrectly to Plaintiffs.

8. That upon careful review of all records maintained by Plaintiff Funds, and after

application of any and all partial payments made by Defendant, there is a total of $6,787.80 known

to be due Plaintiff Funds from Defendant, subject however to the possibility that additional monies

may be due Plaintiff Funds from Defendant based upon Defendant's failure to submit all required

reports, or to accurately state all hours for which contributions are due on reports previously

submitted, and subject further to the possibility that additional contributions and liquidated damages

will come due during the pendency of this lawsuit.

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9. Plaintiff Funds have requested that Defendant perform its obligations as aforesaid,

but Defendant has failed and refused to so perform.

10. Defendant's continuing refusal and failure to perform its obligations to Plaintiff Funds

is causing and will continue to cause irreparable injuries to Plaintiff Funds for which Plaintiff Funds

have no adequate remedy at law.

WHEREFORE, Plaintiff Funds pray:

(A) That Defendant be enjoined and ordered to submit all delinquent monthly contribution reports to Plaintiff Funds with the information required to be provided thereon,

to continue to submit such reports while this action is pending, and to comply with

its contractual obligation to timely submit such reports in the future;

(B) That judgment be entered in favor of Plaintiff Funds and against Defendant for all

unpaid contributions, liquidated damages, any costs of auditing Defendant's records,

accrued interest, and Plaintiff Funds' reasonable attorneys' fees and court costs

necessarily incurred in this action as specified herein, or as subsequently determined,

all as provided for in the applicable collective bargaining agreements and Agreements and Declarations of Trust governing the Plaintiff Funds and in ERISA;

(C) That Plaintiff Funds have such further relief as may be deemed just and equitable by

the Court, all at Defendant's cost.

/s/ Cecilia M. Scanlon 

Stephen J. Rosenblat

Cecilia M. Scanlon

Attorneys for the Plaintiffs

BAUM SIGMAN AUERBACH & NEUMAN, LTD.

200 West Adams Street, Suite 2200

Chicago, IL 60606-5231

Bar No.: 6288574

Telephone: (312) 216-2577

Facsimile: (312) 236-0241

Email: cscanlon@baumsigman.com

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