MOTION TO REINSTATE THE CASE AND ENTER JUDGMENT

JOHN DARRAH, District Judge.

Now come Plaintiffs, the Trustees of the Chicago Regional Council of Carpenters Pension Fund, et al., by their attorney, David Whitfield, of Whitfield McGann & Ketterman, and respectfully requests that this Honorable Court reinstate the case and enter final judgment for the amounts found to be owed. In support of the motion, the Plaintiffs state as follows:

1. Plaintiffs filed their complaint on October 26, 2015, and good service of summons occurred on October 30, 2015. (Exhibit A, Affidavits of Service)

2. At all times relevant to this action, the Defendants have been bound by the provisions of a Collective Bargaining Agreement and the Trust Agreements which created the Trust Funds. (Exhibit B — Signed Agreement)

3. This action arises under Section 502 of the Employee Retirement Income Security Act and Section 301 of the Taft-Hartley Act. (29 U.S.C. §§ 1132 and 185). Jurisdiction is founded on the existence of questions arising thereunder.

4. The Defendants must submit monthly reports listing the hours worked by its carpenter employees ("contribution reports") and to make concurrent payment of contributions to the Trust Funds based upon the hours worked by its carpenter employees. (Exhibit D — Sworn Declaration of John Libby)

5. Plaintiffs and Defendants entered into an Agreed Order of Dismissal on January 12, 2016. (Exhibit C — Agreed Order of Dismissal)

6. The Defendants breached Paragraph 1 of the agreed Order of Dismissal by failing to maintain the agreed upon monthly installment payments to the Plaintiffs. The Defendants owes the Plaintiffs $46,363.92 of the Agreed Order of Dismissal. (Exhibit D — Sworn Declaration of John Libby)

7. Paragraph 3 of the Agreed Order of Dismissal provides Plaintiffs' the right to seek entry of a judgment if Paragraph 1 is breached. (Exhibit C — Agreed Order of Dismissal)

WHEREFORE, Plaintiffs pray:

EXHIBIT A

Service of Summons

an answer to the complaint which is herewith served upon you, 21 days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. You must also file your answer with the Clerk of this Court within a reasonable period of time after service.

Under penalties of perjury as provided by law pursuant to Section 1-109 of the Code of Civil Procedure, the undersigned certifies that the statement are true and correct, except as to matters therein stated to be on Information and belief and such matters the undersigned certifies as aforesaid that he/she verily believes same to be true.

EXHIBIT B

Signed Memorandum of Agreement

EXHIBIT C

Agreed Order of Dismissal

Agreed Order of Dismissal

The parties hereby agree that this case has been settled and that all issues and controversies have been resolved to their mutual satisfaction.

IT IS HEREBY ORDERED:

1. That the Defendant Emco Interiors, Inc. shall pay to the Plaintiffs Sixty-Nine Thousand Five Hundred Forty-Five Dollars and Eighty-Eight Cents ($69,545.88) as follows:

$11,590.98 on or before May 30, 2016;

$11,590.98 on or before June 30, 2016;

$11,590.98 on or before July 29, 2016;

$11,590.98 on or before August 31, 2016

$11,590.98 on or before September 30, 2016, and

$11,590.98 on or before October 28, 2016.

2. That the Defendant shall remain current in its ERISA monthly reporting and payment obligations to the Plaintiffs.

3. That if the Defendant defaults on either paragraphs 1 or 2, the Plaintiffs shall have the right to reinstate this case for the sole purpose of entering Judgment for the balance owed pursuant to this Order, plus all additional unpaid ERISA contributions incurred, accrued interest, liquidated damages and Plaintiffs' attorney fees and cost expended in enforcing this order.

4. This case is dismissed without prejudice with leave to reinstate on or before December 1, 2016.

5. In the event a motion to reinstate is not filed on or before December 1, 2016, the case shall be deemed dismissed with prejudice without further order of the Court.

EXHIBIT D

Sworn Declaration of John Libby

SWORN DECLARATION PURSUANT TO 28 U.S.C.A. § 1746

NOW COMES JOHN LIBBY, who after being duly sworn upon oath, states as follows:

1. I am the Manager of Audits and Collections for the Chicago Regional Council of Carpenters Pension Fund, the Chicago Regional Council of Carpenters Welfare Fund, the Chicago Regional Council of Carpenters Supplemental Retirement Fund, and the Chicago Regional Council of Carpenters Apprentice Training Fund ("Trust Funds") and in such capacity I am authorized to make this Affidavit on behalf of the Plaintiff Trust Funds.

2. The Trust Funds receive contributions from numerous employers pursuant to Collective Bargaining Agreements between the employers and the Chicago Regional Council of Carpenters, ("Union"), and therefore, are multiemployer plans. (29 U.S.C. § 1002). The Trust Funds are administered at 12 East Erie, Chicago, Illinois and venue is proper in the Northern District of Illinois.

3. The Defendants are employers engaged in an industry affecting commerce that entered into a Collective Bargaining Agreement whose terms require the Defendants to pay fringe benefits to the Trust Funds.

4. The Collective Bargaining Agreement also binds the Defendants to the provisions of the Agreement and Declarations of Trust that created the Trust Funds ("Trust Agreements").

5. The Defendants are required to make contributions to the Trust Funds for each hour worked by its carpenter employees at the rate and in the manner specified in the Collective Bargaining Agreements and Trust Agreements. In addition, the Defendant is required to make contributions to the Trust Funds measured by the hours worked by subcontractors that are not signatory to a Collective Bargaining Agreement with the Union.

6. The Parties submitted an Agreed Order of Dismissal to this Court, which was entered by Judge Darrah on January 12, 2016. The Agreed Order of Dismissal provided for the Defendants to remit $69,545.88 to the Trust Funds in five installments.

7. The Defendants violated Paragraph 1 of the January 12, 2016 Agreed Order of Dismissal by failing to pay the Plaintiffs in accordance with the payment plan as provided in the Agreed order of Dismissal.

8. The Defendants currently owes $46,363.92 to the Trust Funds.

9. Plaintiffs have been required to employ attorneys to collect on the Agreed Order of Dismissal.

I declare under penalty of perjury under the laws of the United States of America that the foregoing information contained in this Declaration is true and correct.