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IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

CENTRAL STATES JOINT BOARD 

HEALTH & WELFARE FUND,

Plaintiff, 

vs. 

LEWIS ACQUISITION CORP. d/b/a LEWIS 

PLASTICS CO., INC., an Illinois corporation,

Defendant. 

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CASE NO.: 20-cv-5022

JUDGE:

MAGISTRATE JUDGE:

COMPLAINT

NOW COMES the Plaintiff, the CENTRAL STATES JOINT BOARD HEALTH & 

WELFARE FUND (“WELFARE FUND”), by and through its attorneys, JOHNSON & KROL, 

LLC, complaining of the Defendant LEWIS ACQUISITION CORP. d/b/a LEWIS PLASTICS 

CO., INC. (“LEWIS PLASTICS”) and allege as follows:

JURISDICTION AND VENUE

1. This action arises under Sections 502 and 515 of the Employee Retirement Income Security 

Act (hereinafter referred to as “ERISA”) (29 U.S.C. §§ 1132 and 1145). The Court has 

jurisdiction over the subject matter of this action pursuant to 29 U.S.C. §§ 1132(e)(1) and

1145, and 28 U.S.C. § 1331.

2. Venue is proper in this Court pursuant to 29 U.S.C. § 1132(e)(2) in that the WELFARE 

FUND is administered at 245 Fencl Lane, Hillside, Illinois, 60162, and pursuant to 28 

U.S.C. § 1391(b)(2) in that a substantial part of the events or omissions giving rise to 

Plaintiff’s claims occurred in the Northern District of Illinois, Eastern Division.

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PARTIES

3. The WELFARE FUND receives contributions from numerous employers pursuant to 

Collective Bargaining Agreements with Plastic Workers Union Local No. 18, AFL-CIO 

and the Chemical and Production Workers Local 30, AFL-CIO, locals of the International 

Union of Allied Novelty and Production Workers, and therefore, is a multiemployer plan 

under 29 U.S.C. § 1002.

4. The WELFARE FUND is administered pursuant to the terms and provisions of the 

Agreement and Declaration of Trust (the “Trust Agreement”), which created it.

5. Defendant LEWIS PLASTICS is an Illinois corporation with its principal place of business 

located in Addison, Illinois.

COUNT I

BREACH OF CONTRACT

6. Plaintiff re-allege and incorporate the allegations contained in paragraphs 1-5 of this 

Complaint with the same force and effect as if fully set forth herein.

7. LEWIS PLASTICS is an employer engaged in an industry affecting commerce.

8. On or about August 7, 2017, LEWIS PLASTICS entered into a Collective Bargaining 

Agreement (“CBA”) with the Plastic Workers Union Local No. 18, AFL-CIO (“Local 18”), 

which extended through July 6, 2020. (A copy of the CBA is attached as Exhibit 1).

9. On or about June 24, 2020, LEWIS PLASTICS entered into a Memorandum of Agreement 

with Local 18 which extended the CBA dated August 7, 2017 for an additional three (3) 

years, now set to expire on July 6, 2023, subject to a few modifications identified in the 

Memorandum of Agreement. (A copy of the Memorandum of Agreement is attached as 

Exhibit 2).

10. Through the CBA, LEWIS PLASTICS agreed to be bound by the Trust Agreement. 

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11. Through the CBA and the Trust Agreement, the WELFARE FUND is a third-party 

beneficiary of the CBA between Local 18 and LEWIS PLASTICS as discussed infra.

12. Pursuant to the terms of the CBA and Trust Agreement, LEWIS PLASTICS is required to 

make monthly reports of hours worked by covered employees and remit contributions on 

behalf of their eligible employees to the WELFARE FUND.

13. The monthly reports and contributions required be paid as set forth above during all times 

relevant were due on or before the 10th day of the calendar month.

14. Pursuant to Section 502(g)(2) of ERISA, the CBA and the Trust Agreement, in the event 

that LEWIS PLASTICS fails to remit their monthly contribution reports and contributions 

to the WELFARE FUND on a timely basis, LEWIS PLASTICS is responsible for the 

payment of liquidated damages equal to one and one half percent (1.5%) per month of the 

amount of unpaid contributions, plus any reasonable attorney’s fees and costs incurred in 

the course of collecting the unpaid amounts.

15. LEWIS PLASTICS failed to submit its contribution report and the associated payment to 

the WELFARE FUND for the month of August 2020. 

16. LEWIS PLASTICS has a continuing obligation to pay contributions to the WELFARE 

FUND on behalf of its eligible employees through the end of the CBA. 

17. Plaintiff has complied with all conditions precedent in bringing this suit. 

18. Defendant LEWIS PLASTICS is obligated to pay the reasonable attorney’s fees and court 

costs incurred by the Plaintiff pursuant to Section 502(g)(2) of ERISA, 29 U.S.C. § 

1132(g)(2)(D). 

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WHEREFORE, Plaintiff respectfully requests: 

A. That Judgment be entered in favor of Plaintiff and against Defendant LEWIS PLASTICS

in an unknown amount for any and all unpaid contributions, along with the resulting

liquidated, that are currently owed or which may become due and owing; 

B. That this Honorable Court enter an Order holding that Defendant LEWIS PLASTICS has 

a continuing obligation to pay contributions to the WELFARE FUND pursuant to the CBA; 

C. That LEWIS PLASTICS be ordered to pay the reasonable attorney’s fees and costs 

incurred by the Plaintiff pursuant to the CBA, Trust Agreement and 29 U.S.C. §

1132(g)(2)(D); and

D. That Plaintiff has such other and further relief as the Court may deem just and equitable all 

at the Defendant’s cost, pursuant to 29 U.S.C. § 1132(g)(2)(E).

Respectfully submitted,

CENTRAL STATES JOINT BOARD 

HEALTH & WELFARE FUND

By: /s/ Lucas J. Habeeb - 6329755

One of Plaintiff’s Attorneys

Lucas J. Habeeb

JOHNSON & KROL, LLC

311 South Wacker Drive, Suite 1050

Chicago, Illinois 60606

(312) 757-5472

habeeb@johnsonkrol.com

August 26, 2020

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