MOTION TO REINSTATE AND CONFESS JUDGMENT

THOMAS M. DURKIN, District Judge.

NOW COME Plaintiffs Laborers' Pension Fund, Laborers' Welfare Fund of the Health and Welfare Department of the Construction and General Laborers' District Council of Chicago and Vicinity, the Chicago Laborers' District Council Retiree Health and Welfare Fund, and James S. Jorgensen, Administrator of the Funds (collectively, "the Funds"), by and through their attorney, Patrick T. Wallace, and hereby move this Court to reinstate this case and enter judgment on the amounts due on the accelerated Installment Note reached in settlement of this case. In support of this Motion, Plaintiffs state as follows:

1. On April 25, 2017, this matter was dismissed without prejudice and with the Court retaining jurisdiction up and through April 30, 2019 to enforce the terms of the Parties' Settlement Agreement. The Settlement Agreement, Installment Note, and Guaranty of Payment and Indemnification entered into by the Parties are attached hereto as Exhibits A, B and C, respectively.

2. Paragraph 9 of the Installment Note requires the Company to stay current on all obligations with the Funds and the District Council for the duration of the Note and further provides that the Funds can accelerate and collect all amounts due on the Note if the Company fails to stay current on its obligations to the Funds and the Union.

3. ASC has failed to submit and pay dues reports for the period of December 2017 forward and has failed to submit and pay benefit reports for the period of April 2018 forward. See Affidavit of Mike Christopher ("Christopher Aff.") attached hereto as Exhibit D, Paragraph 3. In addition, audits of ASC Insulation's books and records for the period of November 1, 2015 through February 28, 2018 have revealed substantial unpaid benefit contributions and dues owed to the Chicago Laborers' Funds, the Fox Valley Laborers' Funds and the Construction and General Laborers' District Council of Chicago and Vicinity. The audits were mailed out to the Company and counsel for the Company and in response to the audits, the Company does not dispute liability but instead has requested to be placed on a new Installment Note. In order to be placed on a new Installment Note, the Company was required to pay off the Installment Note reached in resolution of this case. However, Defendant has been unable to pay off the Installment Note and has not cured its outstanding delinquencies.

4. The Company is in default on the Installment Note and Plaintiffs are within their right to reinstate this case and request that the Court enter judgment on the balance due on the Note. In addition, Plaintiffs are entitled to their attorneys' fees and expenses incurred in bringing this Motion.

5. The Company owes $96,999.87 on the Installment Note. See Affidavit of Mike Christopher, attached hereto as Exhibit D, Paragraph 2. In addition, the Funds have incurred $4,094.00 in attorneys' fees and expenses to enforce the terms of the Settlement Agreement and Installment Note. See Declaration of Patrick T. Wallace, attached hereto as Exhibit E.

WHEREFORE, Plaintiffs respectfully request that this Court reinstate the case and enter judgment in favor of the Funds and against Defendants ASC Insulation, Fireproofing & Supplies, Inc. and Sergio Castro, jointly and severally, in the amount of $101,093.87.

EXIBIT A

EXIBIT B

EXIBIT C

EXIBIT D

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

AFFIDAVIT OF MIKE CHRISTOPHER

MIKE CHRISTOPHER, being first duly sworn on oath, deposes and states as follows:

1. I am a Field Representative employed by the Laborers' Pension Fund, the Laborers' Welfare Fund of the Construction and General Laborers' District Council of Chicago and Vicinity and the Chicago Laborers' District Council Retiree Health and Welfare Fund (hereinafter collectively referred to as the "Funds"), Plaintiffs in the above-referenced action. My responsibilities include oversight of the collection of amounts owed by Defendant ASC Insulation, Fireproofing and Supplies, Inc. (hereinafter "ASC Insulation" or the "Company"). This Affidavit is submitted in support of Funds' Motion to Reinstate and Confess Judgment, I have personal knowledge regarding the statements contained herein.

2. The Company owes a balance of $96,999.87 in accelerated payments due on the Installment Note covering the audit for the period of June 1, 2014 through December 31, 2015,

3. The Company has failed to submit and pay dues reports to the District Council for the period of December 2017 forward and has failed to submit and pay benefit reports for the period of April 2018 forward. All benefit and dues reports and payments are due by the 10th day following the month in which covered work is performed, e.g., the December 2017 report was due on January 10, 2018.

FURTHER AFFIANT SAYETH NOT.

DECLARATION OF PATRICK T. WALLACE

I, PATRICK T. WALLACE, declare and state as follows:

1. I am Fund Counsel for Plaintiffs Laborers' Pension Fund, Laborers' Welfare Fund of the Health and Welfare Department of the Construction and General Laborers' District Council of Chicago and Vicinity, and the Chicago Laborers' District Council Retiree Health and Welfare Fund (the "Laborers' Funds"), Plaintiffs in the above-referenced action. This Declaration is submitted in support of the Laborers' Funds' Motion to Reinstate and Confess Judgment.

2. Shareholders of the law firms of Allison, Slutsky & Kennedy, out-of-house collection counsel for the Laborers' Funds, bill the Laborers' Funds at a rate of $225.00 per hour for shareholders, $195.00 per hour for associates, and $110.00 per hour for paralegals. Affiant, as in-house counsel for the Laborers' Funds, has first-hand knowledge that the foregoing hourly rates have been found reasonable and have been awarded by many courts in collection proceedings.

3. I received a Bachelor of Arts Degree from the University of Illinois at Urbana-Champaign in 1992 and a Juris Doctor Degree from the University of DePaul College of Law in 1995. I was admitted to the bar of the State of Illinois in November 1995 and to the bar of the United States District Court for the Northern District of Illinois in December 1995, I have also been admitted to the bar of the United States District Court for the Central District of Illinois. I was admitted to the Trial Bar of the Northern District of Illinois on September 20, 2000. From November 1995 to August 2000 I practiced labor and employment law as an associate at the law firm of Katz, Friedman, Eagle, Eisenstein & Johnson (formerly Katz, Friedman, Schur & Eagle). In September 2000, I became Funds Counsel for the Laborers' Pension Fund and Laborers' Welfare Fund for the Health and Welfare Department of the Construction and General Laborers' District Council of Chicago and Vicinity.

4. Based on the foregoing, $225,00 represents a fair and reasonable market rate for my in-house legal services to the Funds in this matter.

5. Exhibit 1 attached hereto sets forth the time expended to enforce the terms of the settlement in this case. As set forth in that Exhibit, we have expended 18.4 hours totaling $4,094,00,

I, the undersigned, certify under penalty of perjury that the foregoing is true and correct.