Masonry Institute et al v. Milwaukee Marble & Granite Co., Inc.
Filing
10
MOTION by Plaintiffs Bricklayers Local 21 Pension Fund, Bricklayers and Stone Masons of Illinois District Council No. 1 B.A.C. Annuity Trust Fund, District Council Training Center Fund, Masonry Institute for judgment entry, MOTION by Plaintiff s Bricklayers Local 21 Pension Fund, Bricklayers and Stone Masons of Illinois District Council No. 1 B.A.C. Annuity Trust Fund, District Council Training Center Fund, Masonry Institute to reopen case, MOTION by Plaintiffs Bricklayers Local 21 Pension Fund, Bricklayers and Stone Masons of Illinois District Council No. 1 B.A.C. Annuity Trust Fund, District Council Training Center Fund, Masonry Institute to vacate Order of Dismissal. (Attachments: # 1 Exhibit A, Agreed Order of Dismissal, # 2 Exhibit B, Settlement Agreement)(Greenberg, Robert)
<![CDATA[
IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
MASONRY INSTITUTE, BRICKLAYERS
LOCAL 21 PENSION FUND, DISTRICT
COUNCIL TRAINING CENTER FUND,
AND BRICKLAYERS AND STONE
MASONS OF ILLINOIS DISTRICT COUNCIL NO. 1 B.A.C. ANNUITY TRUST FUND,
Plaintiffs,
v.
MILWAUKEE MARBLE & GRANITE CO.,
INC., a Wisconsin Corporation,
Defendant.
)
)
)
)
)
)
)
)
)
)
)
)
)
)
1:10CV7642
Judge Marovich
Magistrate Judge Mason
MOTION TO VACATE ORDER OF DISMISSAL, TO REINSTATE ACTION,
AND FOR ENTRY OF JUDGMENT
NOW COME the Plaintiffs and moves this Honorable Court to vacate Order of
Dismissal entered on March 30, 2011, a copy of which is attached hereto as Plaintiffs'
Exhibit "A", and to reinstate Plaintiffs' cause of action instanter, and for entry of judgment
against the Defendant.
In support of Plaintiffs' Motion, Plaintiffs state as follows:
1)
That pursuant to Settlement Agreement and Agreed Order of Dismissal,
executed by the parties, a copy of which is attached hereto as Plaintiffs’ Exhibit “B”, the
parties agreed to a dismissal of the pending action.
2)
That notwithstanding the provisions of the Settlement Agreement, speci-
fically paragraph 1 thereof, the Defendant has failed to remit payments for the months of
May and June 2011.
WHEREFORE, in accordance with the provisions of the Settlement Agreement,
Exhibit “B”, Plaintiffs pray that the Order of Dismissal be vacated instanter, Plaintiffs’
cause of action be reinstated, and that judgment enter in favor of Plaintiffs and against the
Defendant in the amount of $50,182.76, as and for the outstanding delinquencies and
accrued interest calculated pursuant to the Judgment Order, which amount does not
include the current delinquencies claimed due, if any.
That Plaintiffs also pray that judgment enter for Plaintiffs’ attorneys’ fees and costs
incurred as a result of the Defendant’s non-compliance with the provisions of the parties’
Settlement Agreement.
/s/ Robert B. Greenberg
Asher, Gittler & D'Alba, Ltd.
200 West Jackson Boulevard
Suite 1900
Chicago, Illinois 60606
(312) 263-1500
IL ARDC#: 01047558
Dated: June 20, 2011
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
