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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 

STIPULATED ORDER OF DISMISSAL OF 

DEFENDANTS GLOBAL BUILDERS, INC. AND CARMEN 

GRATACE WITH THE COURT TO RETAIN JURISDICTION TO 

ENFORCE THE TERMS OF THE PARTIES’ SETTLEMENT AGREEMENT 

The Plaintiffs, the PENSION FUND OF CEMENT MASONS’ UNION LOCAL UNION 

NO. 502, et al. (the “TRUST FUNDS”), and the Defendants, GLOBAL BUILDERS, INC. 

(“GLOBAL BUILDERS”) and CARMEN GRATACE (“GRATACE”), by and through their 

respective undersigned attorneys, pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil 

Procedure hereby submit this Stipulated Order for Dismissal of GLOBAL BUILDERS and 

GRATACE with the Court to Retain Jurisdiction to Enforce the Terms of the Parties’ Settlement 

Agreement and stipulate as follows: 

WHEREAS, the Parties in this matter have reached a Settlement Agreement and the Parties 

stipulate to the dismissal of the Defendants GLOBAL BUILDERS and GRATACE without 

prejudice, reserving jurisdiction in this Court to reinstate proceedings to enforce certain terms of 

the Settlement Agreement entered into by and between the Parties in April 2021 under the authority 

of Kokkonen v. Guardian Life Insurance Company of America, 511 U.S. 375, 381-82 (1994). 

NOW, THEREFORE, THE PARTIES SO STIPULATE AND IT IS HEREBY ORDERED:

1. Defendants GLOBAL BUILDERS and GRATACE and hereby dismissed without 

prejudice. 

Case: 1:20-cv-04213 Document #: 60 Filed: 05/25/21 Page 1 of 2 PageID #:336
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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. 

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. 

5. In the event a motion to reinstate to enforce settlement is not filed on or before July 13, 

2021, the dismissal without prejudice as to GLOBAL BUILDERS and GRATACE will 

automatically convert to a dismissal with prejudice and with each party to bear its own fees 

and costs, and the Court shall relinquish jurisdiction as to GLOBAL BUILDERS and 

GRATACE. 

ORDERED BY: 

 

 

 MAGISTRATE JUDGE CUMMINGS 

 

Dated: May 25, 2021 

Agreed and so stipulated: 

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, Illinois 60606 

krol@johnsonkrol.com 

GLOBAL CONCRETE CORP. 

/s/ Thomas G. A. Herz, Jr. 

One of Defendant’s Attorneys 

Law Offices of Thomas Herz, Jr. 

400 Central Avenue, Suite 230 

Northfield, Illinois 60093 

tgahlaw@yahoo.com 

Case: 1:20-cv-04213 Document #: 60 Filed: 05/25/21 Page 2 of 2 PageID #:337