MOTION TO REINSTATE THE CASE AND ENTER JUDGMENT

JOAN H. LEFKOW, District Judge.

Now come Plaintiffs, the Trustees of Chicago Regional Council of Carpenters Pension Fund, et al., by their attorney, David Whitfield, of McGann, Ketterman & Rioux, 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 January 29, 2019, and good service of summons occurred on January 31, 2019. (Exhibit A, Affidavit of Service)

2. At all times relevant to this action, Rock-It Interiors, Inc. has 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. Rock-It Interiors, Inc. 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 C — Sworn Declaration of Angelica Ambrose)

5. Plaintiffs and Rock-It Interiors, Inc. entered into an Agreed Order of Dismissal on March 19, 2019. (Exhibit D — Agreed Order of Dismissal)

6. Rock-It Interiors, Inc. breached Paragraph 1 of the agreed Order of Dismissal by failing to maintain the agreed upon monthly installment payments to the Plaintiffs. (Exhibit C — Sworn Declaration of Angelica Ambrose)

7. Rock-It Interiors, Inc. breached Paragraph 3 of the agreed Order of Dismissal by failing to remain current in its ERISA monthly reporting and contemporaneous payment obligations to the Plaintiffs. Rock-It Interiors, Inc. owes the Plaintiffs $78,674.28 pursuant to the Agreed Order of Dismissal. (Exhibit C — Sworn Declaration of Angelica Ambrose)

8. Paragraph 4 of the Agreed Order of Dismissal provides Plaintiffs' the right to seek entry of a judgment against Rock-It Interiors, Inc. if Paragraph 1 or 3 is breached. (Exhibit D — Agreed Order of Dismissal)

9. Defendant Ezequiel Hernandez filed personal bankruptcy (Case No. 19-11582) on April 22, 2019. This motion is solely against Defendant Rock-It Interiors, Inc.

WHEREFORE, Plaintiffs pray:

Exhibit A

Affidavit of Service

AFFIDAVIT OF SERVICE

I state on oath that I am at least 18 years old, not a party to this case/action, that I am authorized to perform service in Illinois, and am a registered employee of Great Lakes Professional Investigations, LLC- Illinois Detective Agency License #117.001571.

Additional Comments:

1) Successful Attempt: Jan 31, 2019, 3:40 pm CST at CORPORATE: 21 W STATE ST, GENEVA, IL 60134 received by Patricia Burns. Age: 55; Ethnicity: Caucasian; Gender: Female; Weight: 130; Height: 5'5"; Hair: Gray; Relationship: Receptionist Patricia says the registered agent isn't in right now but that she is authorized to accept service for him.

Under penalties of perjury as provided by law pursuant to Section 1-109 of the Code of Civil Procedure, the undersigned certifies that the above statements set forth in this instrument 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 the same to be true.

_______________________________________ 2/4/19 JACOB OSOJNAK Date ILLINOIS PRIVATE DETECTIVE LICENSE #115.002263 GREAT LAKES PROFESSIONAL INVESTIGATIONS, LLC 50 SOUTH MAIN STREET SUITE 200 NAPERVILLE, IL 60540 844-457-4669

Exhibit B

Signed Agreement

Memorandum of Agreement

THIS AGREEMENT is entered into between the Chicago Regional Council of Carpenters ("Union") and the Employer, including its successors and assigns covering the geographic jurisdiction of the Union including the following counties in Illinois: Boone, Bureau, Carroll, Cook, DeKalb, DuPage, Grundy, Henderson, Henry, Iroquois, Jo Daviess, Kane, Kankakee, Kendall, Lake, La Salle, Lee, Marshall, McHenry, Mercer, Ogle, Putnam, Rock Island, Stark, Stephenson, Whiteside, Will, Winnebago. The following counties in Iowa: Allamakee, Appanoose, Benton, Black Hawk, Bremer, Buchanan, Butler, Cedar, Cerro Gordo, Chickasaw, Clayton, Clinton, Davis, Delaware, Des Moines, Dubuque, Fayette, Floyd, Franklin, Grundy, Hancock, Henry, Howard, Iowa, Jackson, Jefferson, Johnson, Jones, Keokuk, Kossuth, Lee, Linn, Louisa, Mahaska, Mitchell, Monroe, Muscatine, Scott, Tama, Van Buren, Wapello, Washington, Wayne, Winnebago, Winneshiek, Worth, Wright. The following counties in Wisconsin: Kenosha, Milwaukee, Ozaukee, Racine, Washington and Waukesha. The Union and the Employer do hereby agree to the following:

1. The Employer recognizes the Union as the sole and exclusive bargaining representative on behalf of its employees who are working within the territorial and occupational jurisdiction of the Union.

2. The Employer has reviewed sufficient evidence and is satisfied that the Union is the exclusive bargaining representative of a majority of its employees presently working within the territorial and occupational jurisdiction of the Union.

3. The Employer and the Union agree to incorporate into this Memorandum Agreement and to be bound by the Agreements negotiated between the Chicago Regional Council of Carpenters and various employers and employer associations, including all Area Agreements for the period beginning with the execution of this Memorandum Agreement and ending on the expiration dates of any current and successor Agreements which are incorporated herein (see attached list). Unless the Employer provides written notice by certified mail to the Chicago Regional Council of its desire to terminate of modify the Agreement at least three (3) calendar months prior to the expiration of such Agreement the Agreement shall continue in full force and effect through the full term and duration of all subsequent Agreements which are incorporated by reference.

4. The Employer agrees to be bound to the terms of the various Trust Agreements to which contributions are required to be made under the Agreements incorporated in Paragraph 3, including all rules and regulations adopted by the Trustees of each Fund.

In Witness Whereof the parties have executed this Memorandum of Agreement on this 1st day of April, 2009.

EMPLOYER CHICAGO REGIONAL COUNCIL OF CARPENTERS _______________________________ ___________________________________ Authorized Regional Council Representative _______________________________ Print Name and Title

Exhibit C

Sworn Declaration of Angelica Ambrose

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

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

NOW COMES Angelica Ambrose, 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 Sworn Declaration 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. Rock-It Interiors, Inc. is an employer engaged in an industry affecting commerce that entered into a Collective Bargaining Agreement whose terms require Rock-It Interiors, Inc. to pay fringe benefits to the Trust Funds.

4. The Collective Bargaining Agreement also binds Rock-It Interiors, Inc. to the provisions of the Agreement and Declarations of Trust that created the Trust Funds ("Trust Agreements").

5. Rock-It Interiors, Inc. is 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, Rock-It Interiors, Inc. 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. Rock-It Interiors, Inc. entered into an Agreed Order of Dismissal with the Trust Funds on March 19, 2019.

7. Rock-It Interiors, Inc. breached Paragraph 1 and Paragraph 3 of the Agreed Order of Dismissal by failing to maintain the agreed upon monthly installment payments to the Plaintiffs, and failing to remain current in its ERISA monthly reporting and payment obligations to the Plaintiffs. Rock-It Interiors, Inc. owes the Plaintiffs $78,674.28 pursuant to the Agreed Order of Dismissal as reflected on the attached breakdown which is incorporated herein.

8. 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.

By: ______________________ Angelica Ambrose Manager; Audits and Collections Date: 4/5/2019

Exhibit D

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 THAT:

ENTERED: _____________________________________ UNITED STATES DISTRICT JUDGE LEFKOW DATED: 3/19/2019 Agreed: Agreed: For Plaintiffs, For Defendants, ________________________ ________________________ Kristina M. Guastaferri, CPA Administrator President and Owner