MOTION FOR JUDGMENT FOR ATTORNEY'S FEES AND RECOVERY OF COURT COSTS

ELAINE E. BUCKLO, District Judge.

Plaintiffs, LOCAL NO. 1 S.E.I.U. PENSION TRUST FUND and LOCAL NO. 1 S.E.I.U. HEALTH FUND, bring this motion to recover attorneys' fees and court costs from Defendant, REALTY & MORTGAGE BUILDING SERVICES CO., an Illinois Corporation, pursuant to FED. R. CIV. P. 54(d) and the provisions of a collective bargaining agreement enforceable under section 301 of the Taft-Hartley Act, 29 U.S.C. § 185(a).

1) On June 19, 2017, Plaintiffs filed the instant action under ERISA, 29 U.S.C. §§ 502(a)(3), 502(g)(2), and 515 to collect from Defendant the balance remaining due and owing of $15,522.09 on the Settlement Agreement entered into between the Funds and the Defendant.

2) The Defendant's failure to pay the balance of $15,522.09 led to the filing of the instant suit. Attached as Exhibit 1 is a copy of the Settlement Agreement entered into between the parties in the instant action.

3) Subsequent to the filing of the instant action and commencement of the litigation, the Defendant, REALTY & MORTGAGE BUILDING SERVICES CO., filed a third-party complaint against the Chicago Housing Authority, claiming therein that the Chicago Housing Authority was obligated to reimburse Defendant, REALTY & MORTGAGE BUILDING SERVICES CO., for the monies claimed due and owing to the Plaintiff Funds.

4) Over more than one year subsequent to the filing of the instant action, and numerous court status calls and hearings on various motions filed by the parties, only then did the Plaintiffs receive payment in full of the delinquent contributions claimed to be due and owing to the Funds, i.e., the balance of the monies due under the Settlement Agreement, which monies were deposited with the Plaintiff Funds by the third-party defendant, Chicago Housing Authority.

5) Plaintiffs have unnecessarily incurred the expense of attorneys' fees in the amount of $10,481.25, which claimed amount is supported by contemporaneous records maintained by Plaintiffs' Counsel, Robert B. Greenberg, and others in his law firm who worked on the litigation along with Mr. Greenberg. See Exhibit 2 attached hereto.

6) That the Plaintiffs incurred court costs totaling $460.00, which were composed of $400.00 initial filing fee charged by the court, and $60.00 for service of summons charged by the Stern Process & Investigation Company.

7) As provided in the ERISA Statute, Chapter 29, Section 1132(G)(2)(D), the attorneys are entitled to reasonable attorneys' fees and costs in the action which are to be paid by defendant. Although there is no specific judgment entered in the instant action, in fact, payment in full was made during the pendency of the lawsuit, negating the Court's finding a judgment against the Defendant, but, in recognition of the fact that all the issues were decided in favor of the Plaintiff, the attorneys' fees and court costs should be awarded.

WHEREFORE, Plaintiffs pray that the Court enter judgment in favor of Plaintiffs and against the Defendant in the amount of $10,866.25 as and for recovery of attorneys' fees and court costs.

Exhibit 1

SETTLEMENT AGREEMENT

IT IS HEREBY STIPULATED AND AGREED by and between SEIU Local Union No. 1 Health and Welfare Fund and SEIU Local Union No. 1 Pension Fund (hereinafter the "Funds") and Realty and Mortgage Building Services Co. (hereinafter "Realty"), and without any admission herein of liability or wrongdoing, the parties have agreed to settlement of the Funds' claims for delinquent contributions for the period ending January 31, 2016.

1. The Funds claim that Realty is a successor to certain Chicago Housing Authority contracts for various buildings previously managed by East Lake Management and Development Corp., Habitat Realty and Management Company, Inc., and or any other management companies previously hired by Chicago Housing Authority for the various buildings as listed on the Memorandum of Agreement attached hereto, which contracts commenced on or about October 1, 2015, and Realty denies that it is delinquent for payments due the Funds.

2. Realty disputes that it is a successor to the East Lake Management and Development Corp., Habitat Realty and Management Company, Inc., and or any other management companies previously hired by Chicago Housing Authority for the various buildings as listed on the Memorandum of Agreement attached hereto, and Realty denies that it is delinquent for payments due the Funds.

3. Realty hereby agrees to pay to the Funds $36,502.48 in monthly payments of $3,041.88 commencing on March 10, 2016, in addition to its normal payments due on that date, and each month thereafter, through and including February 10, 2017.

4. Realty further agrees to pay the contributions due for the months of December 2015, January 2016 and February 2016, on or before March 10, 2016, for all buildings it manages as covered by the Memorandum of Agreement attached hereto.

5. In consideration of the payments and obligations set forth above, the Funds for themselves and on behalf of their various respective trustees, agents, successors, assigns, attorneys, employees, administrators, and legal representatives, hereby fully, finally, and unconditionally release and forever discharge Realty, and its officers, directors, members, shareholders, agents, attorneys, employees, representatives, affiliates, subsidiaries, successors and assigns, in both its personal and fiduciary capacities, from any and all actions, causes of action, suits, arbitrations, debts, dues, demands, sums of money, executions, liabilities, claims and demands, whether known or unknown, liquidated or unliquidated, absolute or contingent, in law or equity, which were filed or could have been filed with any federal, state, local or private court, agency, arbitrator or any other entity, including claims related to the period (October 1, 2015, through January 31, 2016), or claims otherwise based directly upon any contractual obligation whatsoever to the Funds relating to the obligation of Realty to pay contributions to the Funds, plus attorneys' fees or any other fees, costs, expenses, or damages incurred therein, up to and including January 31, 2016. The Funds' release does not release any claims, known or unknown, subsequent to Januar), 31, 2016, or any discrepancies disclosed by an audit of Realty's books and records after December 1, 2015.

6. In consideration of the obligations set forth above, Realty, its officers, directors, shareholders, affiliates, subsidiaries, agents, attorneys, employees, representatives, successors and assigns, in their personal and fiduciary capacities, hereby fully, finally and unconditionally release and forever discharge the Funds, their trustees, officers, respective agents, assigns, attorneys, employees, administrators and legal representatives from any and all actions, causes of action, suits, arbitrations, debts, dues, sums of money, executions, liabilities, liens, damages, grievances, injuries, actions or rights of action of any nature whatsoever, known or unknown, liquidated or unliquidated, absolute or contingent, in law or in equity, which were filed or could have been filed with any federal, state, local or private court, agency, arbitrator or any entity, including but not necessarily limited to claims made relating to the audit period referenced in paragraph 1 of this Settlement Agreement (October 1, 2015) or claims otherwise based directly or indirectly upon any contractual obligations whatsoever to the Funds relating to the obligation of Realty to pay contributions to the Funds, or any other fees, costs, expenses, or damages incurred therein, up to and including the date of this Settlement Agreement and Release.

7. This Agreement constitutes the full and complete understanding between the parties concerning its subject matter, and supersedes any and all prior agreements or understandings with respect to its subject matter.

IN WITNESS WHEREOF, the parties or their duly authorized agents have duly executed this Settlement Agreement as of the day and year provided below.

Exhibit 2