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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

AUTOMOBILE MECHANICS’ LOCAL NO. 701 

UNION AND INDUSTRY PENSION FUND,

Plaintiff, 

vs.

ALSTERDA CARTAGE & CONSTRUCTION 

CO., INC., an Illinois corporation, and 

S AND T PULASKI LLC, an Illinois limited 

liability company,

Defendants. 

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CASE NO.: 20-cv-4485

JUDGE: ELLIS

MAG. JUDGE: COLE

STIPULATED ORDER OF DISMISSAL WITH THE COURT TO RETAIN JURISDICTION 

TO ENFORCE THE TERMS OF THE PARTIES’ SETTLEMENT AGREEMENT

The Plaintiffs, the AUTOMOBILE MECHANICS’ LOCAL NO. 701 UNION AND 

INDUSTRY PENSION FUND (the “PENSION FUND”), and the Defendants, ALSTERDA 

CARTAGE & CONSTRUCTION CO., INC. (“ALSTERDA”) and S AND T PULASKI LLC (“S AND 

T”), 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 this Lawsuit 

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 above-captioned matter 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 November 2020 under the authority of Kokkonen v. Guardian Life Insurance 

Company of America, 511 U.S. 375, 381-82 (1994).

IT IS HEREBY ORDERED:

1. The Parties shall comply with the signed settlement agreement dated November 17, 2020. The 

Parties expressly waive their rights under Rule 65(d) of the Federal Rules of Civil Procedure 

to the extent Rule 65(d) requires this Order to be specific in terms or to describe in reasonable 

detail and without reference to the settlement agreement, the act or acts to be restrained. 

2. This above-captioned matter is hereby dismissed without prejudice. 

3. By consent of the parties, the Court shall retain jurisdiction over the Parties and hereby grants 

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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 November 2020, 

but not later than August 15, 2022. 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 November 

2020, the Defendants are obligated to pay monthly installments to the Plaintiff for a period of 

twenty (20) months, with the first installment due on December 15, 2020 and the final 

installment due on July 15, 2022. Failure by the Defendants 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 August 15, 

2022, the dismissal without prejudice 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. 

 ENTERED: 

 _____________________________ 

 HONORABLE JUDGE SARA L. ELLIS

 Date: November 18, 2020 

Agreed and so stipulated: 

AUTOMOBILE MECHANICS’ LOCAL 

NO. 701 UNION AND INDUSTRY 

PENSION FUND

/s/ Lucas J. Habeeb - 6329755 

One of Plaintiffs’ Attorneys

JOHNSON & KROL, LLC

311 S. Wacker Drive, Suite 1050 

Chicago, IL 60606

(312) 757-5472 

habeeb@johnsonkrol.com

ALSTERDA CARTAGE & 

CONSTRUCTION CO., INC. and 

S AND T PULASKI LLC

/s/_Thomas Summers______ 

By: Thomas Summers, President and Member 

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