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IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION 

CENTRAL STATES, SOUTHEAST AND ) 

SOUTHWEST AREAS PENSION FUND, ) 

and CHARLES A. WHOBREY, as Trustee ) Case No. 20-cv-4332 

) 

Plaintiffs, ) Judge Gary Feinerman 

) 

v. ) Magistrate Judge Gabriel A. Fuentes 

) 

B & J MOVING AND STORAGE, INC., ) 

a Michigan corporation ) 

) 

Defendant. )

CONSENT JUDGMENT 

WHEREAS, Plaintiffs, Central States, Southeast and Southwest Areas Pension Fund (the 

“Pension Fund”) and Charles A. Whobrey, as Trustee, filed their complaint on July 23, 2020; 

WHEREAS, Defendant, B & J Moving and Storage, Inc. (“B & J”) was served with a 

copy of the summons and complaint on August 12, 2020. Dkt. No. 9. 

WHEREAS, B & J filed its answer to the complaint on September 2, 2020. Dkt. 10. 

WHEREAS, on December 11, 2020, Defendant filed a suggestion of bankruptcy 

indicating that it had filed a Chapter 7 bankruptcy proceeding in the United States Bankruptcy 

Court for the Western District of Michigan, Case No. 20-bk-03544-swd. Dkt. No. 14. 

WHEREAS, in a minute order dated December 13, 2020, this Court stayed this case 

pending the resolution of Defendant’s bankruptcy proceeding. 

WHEREAS, on January 25, 2021, the bankruptcy trustee filed a report that there would 

not be any distributions to creditors and that the claims were being discharged without payment. 

WHEREAS, on March 3, 2021, the judge in the Chapter 7 bankruptcy proceeding 

dismissed the bankruptcy case. 

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WHEREAS, in a minute order dated May 4, 2021, this Court lifted the stay and reopened 

discovery which had closed during the pendency of the bankruptcy proceeding. Dkt. No. 19. 

WHEREAS, the parties consent and stipulate to the entry of judgment against B & J and 

in favor of Plaintiffs as set forth below. 

NOW THEREFORE, the parties consent and stipulate to, and the Court finds, the 

following: 

JURISDICTION AND VENUE

1. This is an action for collection of withdrawal liability, interest and penalties arising

under the Employee Retirement Income Security Act of 1974 (“ERISA”), as amended by the 

Multiemployer Pension Plan Amendments Act of 1980, 29 U.S.C. § 1001 et seq. This Court has 

jurisdiction over this action under ERISA, 29 U.S.C. §§ 1132(e), 1132(f), and 1451(c). 

2. Venue lies in this Court under 29 U.S.C. §§ 1132(e)(2) and 1451(d), in that the

Pension Fund is administered at its principal place of business in Chicago, Illinois. Venue is also 

proper in this Court pursuant to the forum selection clause contained in the Pension Fund’s Trust 

Agreement, which designates this district as the appropriate forum for lawsuits to collect 

withdrawal liability. 

FINDINGS OF FACT1

3. The Pension Fund is a multiemployer plan within the meaning of 29 U.S.C. §§ 

1002(37) and 1301(a)(3). The Pension Fund is administered by its Board of Trustees at 8647 West 

Higgins Road in Chicago, Illinois. 

4. B & J is a corporation organized under the laws of the State of Michigan.

1 To the extent certain findings of fact may be deemed to be conclusions of law, they also shall be 

considered conclusions of law. Similarly, to the extent matters contained in the conclusions of law 

may be deemed findings of fact, they also shall be considered findings of fact. 

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5. During relevant times, B & J was bound by collective bargaining agreements with

a certain local union affiliated with the International Brotherhood of Teamsters, pursuant to which 

B & J was required to make contributions to the Pension Fund on behalf of certain of its employees. 

6. On or about May 13, 2018, B & J permanently ceased to have an obligation to

contribute to the Pension Fund and/or permanently ceased all covered operations, thereby effecting 

a “complete withdrawal” from the Pension Fund within the meaning of 29 U.S.C. § 1383. 

7. As a result of this complete withdrawal, B & J incurred withdrawal liability to the

Pension Fund in the principal amount of $1,438,861.17, as determined under 29 U.S.C. § 1381(b). 

8. On November 14, 2019, B & J received a notice and demand for payment of the

withdrawal liability issued by the Pension Fund in accordance with 29 U.S.C. §§ 1382(2) and 

1399(b)(1). 

9. On December 19, 2019, B & J received a past due notice from the Pension Fund

pursuant to 29 U.S.C. §1399(c)(5)(A) advising that its withdrawal liability payments were past 

due, and which forewarned B & J of the consequences of its failure to pay such withdrawal 

liability. 

10. Via a letter dated February 11, 2020, B & J requested review of its withdrawal

liability assessment pursuant to 29 U.S.C. § 1399(b)(2)(A). 

11. The Pension Fund’s Board of Trustees upheld B & J’s withdrawal liability

assessment and denied B & J’s request for review. On April 24, 2020, pursuant to 29 U.S.C. § 

1399(b)(2)(B), B & J received notice of the Board of Trustees’ decision, including the basis for 

the decision. 

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12. B & J did not timely initiate arbitration pursuant to 29 U.S.C. § 1401(a)(1).

Consequently, the amounts demanded by the Pension Fund are due and owing pursuant to 29 

U.S.C. § 1401(b)(1). 

13. B & J failed to make the required withdrawal liability payments to the Pension Fund

and fell into default within the meaning of 29 U.S.C. § 1399(c)(5). 

14. To date, B & J has not remitted payment of the withdrawal liability (or any part

thereof) to the Pension Fund. 

CONCLUSIONS OF LAW

15. Under 29 U.S.C. § 1401(a)(1), an employer that timely requests that a fund review

a withdrawal liability assessment under 29 U.S.C. § 1399(b)(2)(A), may initiate arbitration to 

dispute the withdrawal liability within the time frame set forth in 29 U.S.C. §1401(a)(1). However, 

if the employer does not timely request arbitration under 29 U.S.C. § 1401(a)(1), the withdrawal 

liability amounts demanded by the fund become due and owing pursuant to 29 U.S.C. § 1401(b)(1). 

16. Here, B & J timely requested review of the withdrawal liability assessment pursuant

to 29 U.S.C. § 1399(b)(2)(A). However, B & J did not timely initiate arbitration and has waived 

its right to initiate arbitration to dispute the withdrawal liability under 29 U.S.C. §1401(a)(1). 

Consequently, the withdrawal liability amount demanded by the Pension Fund is due and owing 

pursuant to 29 U.S.C. § 1401(b)(1). See, e.g., Cent. States, Se. & Sw. Areas Pension Fund v. Bell 

Transit Co., 22 F.3d 706, 707 (7th Cir. 1994). 

17. Under 29 U.S.C. § 1451(b), the failure to make a withdrawal liability payment when

due is treated in the same manner as a delinquent contribution under 29 U.S.C. § 1145. See, e.g., 

Cent. States, Se. & Sw. Areas Pension Fund v. Slotky, 956 F.2d 1369, 1377 (7th Cir. 1992). 

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18. Accordingly, pursuant to ERISA, 29 U.S.C. § 1132(g)(2), Plaintiffs are entitled to

judgment in their favor for: 

(a) the unpaid withdrawal liability principal of $1,438,861.17;

(b) interest on the unpaid withdrawal liability principal;

(c) an amount equal to the greater of: (1) the interest on the unpaid

withdrawal liability principal, or (2) liquidated damages as provided

under the Plan in an amount not in excess of 20 percent of the unpaid

withdrawal liability principal; and

(d) reasonable attorney’s fees and costs.

An award of these amounts is mandatory. Cent. States, Se. & Sw. Areas Pension Fund v. Gerber 

Truck Serv., 870 F.2d 1148, 1156 (7th Cir. 1989) (en banc). 

19. Pursuant to 29 U.S.C. § 1132(g)(2), interest on the unpaid withdrawal liability is

computed and charged at the rate set by the plan. 

20. Under the Pension Fund’s Trust Agreement, interest on delinquent withdrawal

liability payments is computed and charged at an annualized interest rate equal to two percent (2%) 

plus the prime interest rate established by JPMorgan Chase Bank, NA for the fifteenth (15th) day 

of the month for which interest is charged. 

21. Accordingly, B & J owes interest in the amount of $114,422.36 through May 5,

2021 on the unpaid withdrawal liability principal. 

22. Pursuant to 29 U.S.C. § 1132(g)(2), the Pension Fund is entitled to an amount equal

to the greater of interest on the delinquent withdrawal liability principal or liquidated damages of 

up to 20% of the delinquent withdrawal liability as provided under the plan. The Pension Fund’s 

Trust Agreement provides for liquidated damages in the amount of 20% of the unpaid withdrawal 

liability principal. 

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23. Accordingly, B & J owes liquidated damages in the amount of $287,772.23, which

represents 20% of the unpaid withdrawal liability principal (and is greater than the delinquent 

interest amount discussed above). 

24. Pursuant to 29 U.S.C. § 1132(g)(2), B & J is also required to pay all reasonable

attorney’s fees and costs incurred in connection with Plaintiffs’ claim. Plaintiffs have incurred 

$6,465.00 in attorneys’ fees and $453.94 in costs with respect to their claim for withdrawal liability 

against B & J. These fees and costs are reasonable. 

25. Pursuant to the terms of the Pension Fund Trust Agreement, the Pension Fund is

entitled to post-judgment interest on the judgment balance at an annualized interest rate equal to 

two percent (2%) plus the prime interest rate established by JPMorgan Chase Bank, NA for the 

fifteenth (15th) day of the month for which interest is charged, compounded annually. 

 IT IS THEREFORE ORDERED, ADJUDGED AND DECREED: 

A. That a judgment is entered in favor of Plaintiffs and against Defendant.

B. That Plaintiffs, Central States, Southeast and Southwest Areas Pension Fund and

Charles A. Whobrey, Trustee, have and recover judgment from and against Defendant in the total 

amount of $1,847,974.70. This amount consists of the following amounts pursuant to 29 U.S.C. 

§§ 1132(g)(2) and 1451(b); (i) $1,438,861.17 in withdrawal liability principal; (ii) $114,422.36 in

interest through May 5, 2021; (iii) $287,772.23 in liquidated damages; (iv) $6,465.00 in attorneys’ 

fees; and (v) $453.94 in costs. 

C. That the Plaintiffs are awarded post-judgment interest on the withdrawal liability

judgment balance at an annualized interest rate equal to two percent (2%) plus the prime interest 

rate established by JPMorgan Chase Bank, NA for the fifteenth (15th) day of the month for which 

interest is charged, compounded annually. 

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D. That Plaintiffs are awarded execution for collection of the judgment and costs

granted. 

IT IS SO ORDERED. 

Dated: __________________________ _______________________ 

Hon. Gary Feinerman 

United States District Judge

APPROVED: APPROVED: 

/s/ Matthew B. Wesley /s/ Mark T. Koerner 

Matthew B. Wesley (ARDC #6327766) Mark T. Koerner 

CENTRAL STATES FUNDS FOSTER SWIFT COLLINS & SMITH PC 

8647 W. Higgins Road, 8th Floor 313 S. Washington Square 

Chicago, Illinois 60631 Lansing, MI 48933 

 847-777-4035 517-371-8226

mwesley@centralstatesfunds.org mkoerner@fosterswift.com

Attorney for Plaintiffs Attorney for Defendant

 June 10, 2021 June 10, 2021 

16418:00001:5454855-1 

6/11/2021 /s/ Gary Feinerman

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