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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-04332 

 Plaintiffs, )

 ) District Judge 

 v. ) 

 ) Magistrate Judge 

B & J MOVING AND STORAGE, INC., ) 

a Michigan corporation; ) 

 ) 

 Defendant. )

COMPLAINT 

 Plaintiffs, Central States, Southeast and Southwest Areas Pension Fund and Charles A. 

Whobrey, one of its present trustees, for a cause of action against Defendant allege as follows: 

JURISDICTION AND VENUE 

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

incurred by an employer as a result of a withdrawal from a multiemployer pension plan. 

2. This action arises under the Employee Retirement Income Security Act of 1974 

(“ERISA”), as amended by the Multiemployer Pension Plan Amendments Act of 1980 

(“MPPAA”), 29 U.S.C. § 1001 et seq. This Court has jurisdiction over this action under sections 

502(e), 502(f), and 4301(c) of ERISA, 29 U.S.C. §§ 1132(e), 1132(f) and 1451(c). 

3. Venue lies in this Court under sections 502(e)(2) and 4301(d) of ERISA, 29 U.S.C. 

§§ 1132(e)(2) and 1451(d), in that the Central States, Southeast and Southwest Areas Pension Fund 

(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. 

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PARTIES

4. The Pension Fund is a multiemployer pension plan within the meaning of sections 

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

5. Plaintiff Charles A. Whobrey is a present trustee and fiduciary of the Pension Fund 

within the meaning of section 3(21)(A) of ERISA, 29 U.S.C. § 1002(21)(A), and he and his fellow 

trustees are the plan sponsor of the Pension Fund within the meaning of section 4001(a)(10) of 

ERISA, 29 U.S.C. § 1301(a)(10). The Trustees administer the Pension Fund at 8647 West Higgins 

Road, Chicago, Illinois. 

6. Pursuant to sections 502(a)(3) and 4301(a)(1) of ERISA, 29 U.S.C. §§ 1132(a)(3) 

and 1451(a)(1), the Trustees, by and through their designated trustee Charles A. Whobrey, are 

authorized to bring this action on behalf of the Pension Fund, its participants and beneficiaries for 

the purpose of collecting withdrawal liability. 

7. Defendant B & J Moving and Storage, Inc. (“B & J”) is a corporation organized 

under the laws of the State of Michigan. 

CLAIM FOR RELIEF

8. Plaintiffs hereby reallege and incorporate each and every allegation made in 

paragraphs 1 through 7 of this Complaint as though fully set forth herein. 

9. B & J is the “employer” for purposes of the determination and assessment of 

withdrawal liability under Title IV of ERISA. 

10. During all 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. 

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11. The Pension Fund determined that 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 section 4203 of ERISA, 29 U.S.C. § 1383. 

12. 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 section 4201(b) of 

ERISA, 29 U.S.C. § 1381(b). 

13. On or about November 14, 2019, B & J received a notice and demand for payment 

of the withdrawal liability issued by the Pension Fund in accordance with sections 4202(2) and 

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

14. On or about December 19, 2019, B & J received a past due notice from the Pension 

Fund pursuant to section 4219(c)(5)(A) of ERISA, 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. 

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

liability assessment pursuant to section 4219(b)(2)(A) of ERISA, 29 U.S.C. § 1399(b)(2)(A). 

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

assessment and denied B & J’s request for review. On or about April 24, 2020, pursuant to section 

4219(b)(2)(B) of ERISA, 29 U.S.C. § 1399(b)(2)(B), B & J received notice of the Board of 

Trustees’ decision, including the basis for the decision. 

17. B & J did not timely initiate arbitration pursuant to section 4221(a)(1) of ERISA, 

29 U.S.C. § 1401(a)(1). Consequently, the amounts demanded by the Pension Fund are due and 

owing pursuant to section 4221(b)(1) of ERISA, 29 U.S.C. § 1401(b)(1). 

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

and fell into default within the meaning of section 4219(c)(5) of ERISA, 29 U.S.C. § 1399(c)(5). 

 WHEREFORE, Plaintiffs request the following relief: 

 (a) A judgment against Defendant, and on behalf of Plaintiffs, pursuant to sections 

502(g)(2) and 4301(b) of ERISA, 29 U.S.C. §§ 1132(g)(2) and 1451(b), for -- 

(i) $1,438,861.17 in withdrawal liability; 

 (ii) interest 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; 

 (iii) an amount equal to the greater of interest on the unpaid withdrawal liability 

or liquidated damages of 20% of the unpaid withdrawal liability; and 

 (iv) attorney’s fees and costs. 

 (b) Post-judgment interest computed and charged on the entire judgment 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; and 

 (c) For such further or different relief as this Court may deem proper and just. 

 

Respectfully submitted, 

July 23, 2020 /s/ Matthew B. Wesley 

 Matthew B. Wesley (ARDC # 6327766) 

 Attorney for Plaintiffs 

 CENTRAL STATES FUNDS 

 Law Department 

 8647 W. Higgins Road 

 Chicago, IL 60631 

 (847) 777-4035 

 mwesley@centralstatesfunds.org

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