TN THR UNITED STATES DISTRICT COCKY TOR THE NORTITERN DISTRICT OF ILLINOTS FASTERN DIVISION CHICAGO RAGIONAL COUNCIL OF } CARPLN'LERS PENSION FLINI]3 et al } } Plaintiffs, } Case No. 14 CV 24616 } } Judge Der-Yoghiayan v. ) } MERTOIENNE CORPORATION } } Defendant. } MOTION TO REINSTATE AND FOR JUDGMENT Now come the Plaintiffs, the Chicago Regional Council of Carpenters Pension Fund, etal. (“the Funds”), by theie attorney, Nicholas F. Kasmer and Travis Ketterman of McGann, Kellerman, & Rioux, and respectfully request that this Court Reinstate this matter and enler Judgment for the Vlaintifts against Meridienne Corporation. In

siipparl of the motion, the Plaintiffs state as follows: 1. On April tH), 2014, the Plaintiffs filed this action against Meridienne Corporation (Moeridicnne or Detendant”) to collect on the findings of an audit that ways performed on Mericicnne at the request of the Plaintiffs. (Ex A., Entry 1.) 2. Plaintitts and Defendant exchanged and engaged in discovery. 3. Plaintifs and the Defendant took part in a selilement conference befure the Tlonorable Mary M. Rowland which was unsuccessful. (x A., entry 29-31)

4. Plainuiffs and Detendant agreed to litigate this matter via written submissions Lo the Honorable Samuel Der-Yoghiayan at a status conference on February 18, 2016, (Ex. A. ontry 39.) 3. The slalus order from that hearing states as follows: “MOINUTE entry belore the Honorable Samuel laer-Yeghiayan; Pretrial conference held. By agreement of the parties and. as slaled on the record, the Court will hold the trial on the parties’ written submussions. Plaintiffs opening brief and evidence shall be filed by 03/24/16, Defendants responsive briel ancl evidence shall be filed by (418/16. Plaintifts' rebuttal bricf shall be filed by 05/02/16 and Defendant's rebuttal briet, if any, shall be filed by 05/09/16. Counsel advised the Courl that within 7 days, the parties will meet and confer in an attempt to resolve the matter. Mailed notice (mw, ) (Rntered: 02/18/2016)" 6. Pursuant fo that order the Plaintiffs submitted their Trial Brief on March 24, 2016, (Ex., A. entry 40.) A copy of that Brief □□ provided ay an exhibit to this Motion. (Ex. Bj & ‘The Defendant did not provided any response or responsive brief a3 required under the February 18, 2016, status order, 9, Plaintiffy fled a reply on May 2, 2016, asking the Court to enter Judgment for the Plaintiffs based upon its filings and the Defendamnl’s lack of a response. (ix, A, entry 43.) 10. A copy of that Reply is provided as an exhibit to this Motion. €Fx,, Cu It. Plaintiffs submitted a proposed order as part of that Reply which sought the

sum af $98,788.10 as judgement in lhe matter. (Iix., C4

12, Om May 2, 2016, the Defendant liled a voluntary petition for Chapter 7 Bankruptey in the Northern Dtstriel of Tlinois. (Hx., and 15, Delenclant as part of its bankruptcy petition lists of debt owed Lo Plaintiffs as FBR, (Rx., 14. On May 18, 2016, Judge Der-Yeeliayan held a status hearing in which this matter

was dismissed wilh the abilily to reinstate when the bankruptcy proceedings concluded. (Ex, A, entry 47.3 13, On December 6, 2017, the Defendant's bankruptcy case was closed. (kx. 12.) 16. The Bankruptcy Trustee reported that he had “neither received any property nor paid any money on account of” Lhe Defendant's bankruptcy. (Ex. D.} 17, A corporation cannot discharge its debts in a Chapter 7 Bankruptey. 17 LSC. □ fof; Brown é& Moo & Oink, fue. (in re Moo & Cink, Inc.}, 2012 Banker. LEXIS 1243, 2, 2012 WT 980742 (BR. N.D. OL 2012); Custora Heating é¢ Atv Conditioning, lic. Kabbage, Inc., 2017 LAS, Dist, LDATS 93134, 23-24, 2017 WI. 2619742 (N.DLIL, 2017): fa re Past & Pall Pnterprises, Inc, 64 BR. 546, 548, 1988 Banker. LEXIS 694, 3-6, 18 Collier Banter. Cas. 2d (MB) 1136 (B.R. NLD. Ind. 1988), 18. A party holding an unsecured claim against a Chapter ¥ debtor can prosecute its claim following the closure ot the bankruptcy. A Cratom f feating & Air Condilion fag, fae,

Kebbage, Ine, 2017 U.S, Dist. LEXIS 93134, 23-24,

(N_D, TIL, 2017}.

19, This thaltter should be reinstated beearse the bankruptcy that prevented Lhe matter from, continuing has now concluded which now allows for this matter to came to

a Gnal resolution. 20. This Courl should also grant the Fands a final judgment against the Defendant

as part of this motion. 21. The Funds were seeking a final judgment against the Defendant tn the amount of 598,768.10, (Ix. C.) 22, The Defendant admitted as part of the bankruptcy tiling that the aforementioned amourit is owed to the Funds. (Fx, F.} 23, The owner of Meridicnne indicated under oath thal the liabilities listed in the bankruptcy filing were correct. (Ex., F., pgs 16-18.) 24. Documents and schedules filed by a bankrupicy debtor are treated as evidentiary admissions, In re Stomdfield, 152 13.8. 328, 531, 1993 Bankr. LLXIS 502, 3 (2.R, NLD. ILL, 1893) 25. The Defendant has then admitled that the amount being sought by the Funds in luis maller, $98,788.10, is correct and accurate.!

the Funds are not seeking any upcates en adcitional aiternoy fees or damages, Gnly the amour: admitved in the bankrupley vic sought os part of the original Reply belef. A proposer arder (Ex, H] shows such.

26. Not only has the Defendant admitted as part of ils bankeiuptey petition that said amount is cortect, the Defendant also failed (o in anyway contest the accuracy of the Funds claim during the tial by paper in Lhis action. 27. ‘The Defendant Fuiled to Ale a responsive brief to the Funds original trial brief. 28. As such, if should be deemed thal the Defendant atse admitted that the Tunds claims are correct and accurate as part of the trial by paper in this aclion.

WHERLIORE, Plaintifts respectiully pray that this Honorable Court enter a Judament directing the Defendant within 10 days to subi payment (o uhe Plaintiffs’ in the amouitt of $98,788.10, In addition, lhe Plaintiffs request that this Court retain juriseliction to award the Plaintiffs’ their costs and attorneys’ fees incurred in executing or otherwise collect on this judgment, □ Respecttully submitted,

ist Nicholas Kasmer Nicholas L. Kasmer, one of the allorneys for the Furs Nicholas Kasmer Metsann, Keltermian, & Rioux 717 Fast Wacker Drive, Suite 2600 Chicago, U1. 60601 (342) 251-9700 (31.2) 251-9700 (facsimile)