PLAINTIFF'S MOTION FOR ENTRY OF FINAL JUDGMENT ORDER UNDER COUNT I

EDMOND E. CHANG, District Judge.

Plaintiff the Chicago Area I.B. of T. Pension Trust Fund ("Fund"), hereby moves for entry of a final judgment order against Defendant Victory Spud Service, Inc. ("Victory Spud" or "Company") under Count I of the Complaint. In support of this motion, the Fund states as follows:

1. This is an action to collect withdrawal liability under the Employee Retirement Income Security Act of 1974 ("ERISA"), as amended by the Multiemployer Pension Plan Amendments Act of 1980 ("MPPAA"), 29 U.S.C. §§ 1001-1461.

2. The Fund previously moved for summary judgment against Victory Spud under Count I of its Complaint. Pl.'s Mot. S.J. Under Count I [Doc. No. 17]. On July 9, 2018, Victory Spud withdrew its opposition to the summary judgment motion. Def.'s Response to Pl.'s Mot. For Partial S.J. [Doc. No. 31].

3. The Fund prepared a proposed judgment order against Victory Spud and provided the proposed order to Victory Spud for review. Victory Spud requested several revisions, which the Fund made to the proposed order. As of the time that this motion is filed, Victory Spud's attorney has stated that Victory Spud may request additional revisions to the order. A copy of the current draft of the proposed order is attached hereto as Exhibit A and will be submitted to the Court's e-mail box for proposed orders.

4. The Fund is filing this motion now so that a judgment order can be entered this week. The Fund will notify the Court if the parties agree to a proposed judgment order after this motion is filed and before the hearing on the motion.

WHEREFORE, for the foregoing reasons, the Fund respectfully requests that this Court enter the proposed judgment order attached hereto as Exhibit A and submitted to the Court's e-mail box for proposed orders.

Exhibit A

FINAL JUDGMENT ORDER UNDER COUNT I OF THE COMPLAINT

This matter coming before the Court on the Plaintiff's Motion for Summary Judgment Under Count I of the Complaint, the Court having reviewed the motion along with the supporting materials, hereby FINDS, ORDERS, and ADJUDGES as follows:

A. That, under Count I, Plaintiff the Chicago Area I.B. of T. Pension Trust Fund has a judgment against Defendant Victory Spud Service, Inc. as follows:

B. Plaintiff is entitled to its reasonable attorneys' fees and costs incurred pursuing withdrawal liability from Defendant Victory Spud Service, Inc.;

C. By August 1, 2018, Plaintiff shall file a motion setting forth the amount of attorneys' fees and costs that it seeks under Count I;

D. Defendant Victory Spud Service, Inc. shall respond to the fee motion by August 17, 2018;

E. Plaintiff shall file a reply in support of its fee motion, if any, by August 24, 2018;

F. That there is no just reason to delay entry or enforcement of a final judgment as to Defendant Victory Spud Service, Inc. under Count I;

G. That the Court retains jurisdiction of the cause for the purpose of enforcing this order and for continued proceedings under Count II of the Complaint; and

H. This order is silent on Defendant's rights to pursue any claims to recover monies pursuant to arbitration, the procedures to compel arbitration, 29 U.S.C. § 1405, and any other provision allowing Defendant to recover the monies that will be paid pursuant to Count I of the Complaint.

SO ORDERED.