Opinion
22-cv-6213
06-06-2023
TRUSTEES of the MID-AMERICAN CARPENTERS REGIONAL COUNCIL HEALTH FUND et al., Plaintiffs, v. DESIGN BY THREE CONSTRUCTION, INC. and TIFFANY WILSON, Defendants.
Exhibit B
SWORN DECLARATION PURSUANT TO 28 U.S.C.A. § 1746
VIRGINIA M. KENDALL, JUDGE.
John Conklin declares as follows:
1. I am employed by the Plaintiffs as the Manager, Contributions Department and in such capacity I am authorized to make this Declaration on behalf of the Trust Funds.
2. The Defendant entered into a Settlement Agreement in the form of an "Agreed Order of Dismissal" ("Agreement") with the Trust Funds that required partial payments to the Trust Funds to satisfy the agreed upon settlement amount, a copy is attached to this motion as Exhibit A.
3. The Defendant did not make the payments as required by the Agreement. As a result, the Defendant is in default. Pursuant to the Agreement, if the Defendant defaulted on the payments, the Trust Funds retained the right to request a judgment for the balance of the amounts owed under Agreement plus any accrued interest, liquidated damages, delinquent contributions, dues, vacation savings and attorney fees.
4. The Defendant submitted contribution reports for the period August 2022 through December 2022 but did not pay the contributions. The reports show that $48,001.09 is owed in ERISA contributions. The Defendant also failed to remit the union dues and vacation savings that it withheld from the employees' wages. The amount of dues and vacation savings withheld is $3,801.16 for the period September 2022 through December 2022.
5. Because of its failure to pay contributions in a timely manner, the Trust Agreement and Collective Bargaining Agreement mandate the assessment of liquidated damages. The liquidated damages calculation was based on the rate set forth in the controlling Trust Agreements, which is 1.5% compounded per month. The amount of liquidated damages owed is $7,455.83 for the period June 2022 through December 2022.
6. The interest calculation is based on the ERISA Section awarding such interest, 29 U.S.C. §H32(g)(2) and because the relevant Trust Agreements do not specify the rate of interest, the calculations were done pursuant to Section 6621 of the Internal Revenue Code. The amount of interest owed is $1,604.35.
7. A summary of the total claim for $60,862.43 is attached hereto and incorporated herein.
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.
Design By Three Construction, Inc. 4/26/2023 7041 Willow Springs Road
Suite 2
Countryside, Il 60525
Account #25988
Vacation Liquidated
Contributions
Dues
Vacation Fund
Liquidated Damages
Interest
Totals
Jun-22
$0.00
$0.00
$0.00
$500.03
$0.00
$500.03
Jul-22
$0.00
$0.00
$0.00
$630.48
$0.00
$630.48
Aug-22
$4,636.00
$0.00
$0.00
$1,966.11
$187.34
$6,789.45
Sep-22
$19,399.68
$918.67
$768.00
$2,214.42
$718.65
$24,019.42
Oct-22
$15,174.93
$639.03
$600.75
$1,473.45
$479.11
$18,367.27
Nov-22
$6,668.64
$326.20
$264.00
$535.90
$175.78
$7,970.52
Dec-22
$2,121.84
$200.51
$84.00
$135.44
$43.47
$2,585.26
Jan-23
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Feb-23
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Mar-23
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Totals:
$48,001.09
$2,084.41
$1,716.75
$7,455.83
$1,604.35
$60,862.43