Opinion
23 cv 15587
10-11-2024
CHICAGO & VICINITY LABORERS' DISTRICT COUNCIL PENSION FUND, CHICAGO & VICINITY LABORERS' DISTRICT COUNCIL WELFARE FUND, CHICAGO & VICINITY LABORERS' DISTRICT COUNCIL RETIREE HEALTH AND WELFARE FUND, and CATHERINE WENSKUS, not individually but as Administrator of the Funds, Plaintiffs, v. PRESTON CONSTRUCTION, LLC, an Illinois limited liability corporation, and BRITTANY BAILEY PRESTON, individually, Defendant.
MOTION FOR ENTRY OF JUDGMENT IN SUM CERTAIN
Jenkins Judge
Now come Plaintiffs, Chicago & Vicinity Laborers' District Council Pension Fund, Chicago & Vicinity Laborers' District Council Welfare Fund, Chicago & Vicinity Laborers' District Council Retiree Health and Welfare Fund, and Catherine Wenskus, as Administrator of the Funds (collectively referred to hereinafter as the “Funds”), by and through their attorney, Amy Carollo, and hereby move this Court for an entry of judgment in sum certain against Preston Construction, LLC (“Preston” or the “Company” herein) and Brittany Bailey Preston, individually. In support of this Motion, Plaintiffs state as follows:
1. On or about July 21, 2023, Preston signed an installment note, and Ms. Bailey signed a Guaranty of Payment and Indemnification (“Guaranty”), individually guaranteeing payment of amounts due at the time of the Installment Note and Guaranty are entered into and/or are incurred and become due and owing for the duration of the Installment Note. The Installment Note has not been paid in full. The amounts sought on the audit include amounts owed at the time the Installment Note and Guaranty were entered into and became due and owing during the duration of the Installment Note. As a result, Ms. Bailey Preston is liable for the debts of Preston.
2. The Defendants were held in default on March 13, 2024.
3. The Defendants submitted the Company's books and records to an audit for the period of September 1, 2022 through June 30, 2023 (hereinafter “Audit”). The Audit was completed and provided to the Defendants on September 13, 2024. The letter and email requested any challenges, with supporting documentation, be submitted on or before October 4, 2024. A copy of the letter and email are attached as Exhibit A.
4. Ms. Carollo sent a follow up email on October 4, 2024. A copy of the October 4, 2024 email is attached as Exhibit B.
5. Ms. Carollo left Ms. Preston a phone message on October 8, 2024 stating that any challenges needed to be submitted on the 8th or the Funds would file a motion for judgment for the amounts detailed in the audit. Ms. Carollo sent a confirmation email on October 8, 2024. A copy of this October 8, 2024 email is attached as Exhibit C.
6. The Audit revealed $8,550.70 is owed. See Declaration of Alicia Grossi ¶ 8, attached as Exhibit D.
7. Pursuant to Section 502(g)(2) of the Employee Retirement Income Security Act (“ERISA”), as amended, 29 U.S.C. § 1132(g)(2), Section 301 of the Labor Management Relations Act (“LMRA”), as amended, 29 U.S.C. §185, the Agreement, Federal Common Law, and the Funds' respective Agreements and Declarations of Trust, the Funds are entitled to judgment in the amount of $16,206.20 against Preston and Ms.
Bailey Preston, as follows:
a. $8,550.70 on the audit costs for the period of September 1, 2022 through June 30, 2023. See Exhibit D, ¶ 8.
b. As set forth in the Declaration of Amy Carollo filed contemporaneously herewith and attached hereto as Exhibit E, $7,655.50 in attorneys' fees and costs expended in this matter.
WHEREFORE, Plaintiffs respectfully request that the Court:
A. Enter Judgment in Plaintiffs' favor and against Preston Construction, LLC and Brittany Bailey Preston, individually, in the amount of $16,206.20 and
B. Order Preston Construction, LLC and Brittany Bailey Preston to pay post judgment interest in all amounts due from the date of the judgment until the judgment is satisfied.
Respectfully submitted, Laborers' Pension Fund, et al.
By: Amy Carollo
Amy Carollo
Office of Fund Counsel
111 W. Jackson Blvd., Suite 1415
Chicago, IL 60604
(312) 692-1540