IN THE UNITED STATES DISTRICT COURT oo FOR THE NORTHERN DISTRICT OF ILLINOIS (0 ee _...... ZASTERN DIVISION LABORERS’ PENSION FUND et al., ) ) Case No, 08 C 6915 Plaintiffs, ) v. ) Judge Ruben Castillo IFE&S, INC., an Illinois Corporation, Defendant. MOTION FOR REVIVAL OF JUDGMENT Plaintiffs Laborers’ Pension Fund and Laborers’ Welfare Fund of the Health and Welfare Department of the Construction and General Laborers’ District Council of Chicago and Vicinity and Catherine Wenskus, not individually but in her official capacity as the Administrator of the Funds (hereinafter referred to collectively as “Plaintiffs” or “Funds”), by and through their attorneys, Patrick T, Wallace and Sara 8. Schumann hereby move this Court to Revive its October 30, 2009 judgment against Defendant IFE&S, Inc. and Christine Garcia. In support of this Motion, Plaintiffs state as follows: 1. On October 30, 2009, this Court entered a judgment in Plaintiffs’ favor and against Defendant IFE&S, Inc., in the amount of $201,959.87, and against Christine Garcia in the amount of $131,698.93, with the judgment amount against Ms. Garcia to be satisfied jointly and severally with that of the amount against Defendant IFE&S, Inc. A true and accurate copy of this Court’s October 30, 2009 judgment order is attached hereto as Exhibit A. 2. $26,445.93 of the judgment remains due and owing. 3. According to Rule 69(a)(1) of the Federal Rules of Civil Procedure, supplementary proceedings in federal court are governed by applicable state law of the state in which the federal

court resides, See also TDK Electronics Corp, v, Draiman, 32) F.3d 677, 680 (7" Cir. 2003) and Guillen y, ‘Southern Illinois Hospital Services, et al.,

(S.D, Ill, 2013) (both. □ applying Illinois state law in revival of federal judgments). oe

4, Revival of judgments in Hlinois is governed by 735 ILCS 5/2-1602(a), stating that a judgment may be revived by the filing of a petition to revive within 20 years after the entry of the judgment. 5. Accordingly, the Funds request that the Court’s October 30, 2009 judgment against Defendant IFE&S, Inc. and Christine Garcia be revived in the amount of $26,444.93. WHEREFORE, Plaintiffs respectfully request that this Court revive its October 30, 2009 judgment against Defendant IFE&S, Inc. and Christine Garcia be revived in the amount of $26,444.93, Respectfully submitted, Laborers’ Pension Fund, et al., By: __ /s/Sara 8. Schumann Sara 8. Schumann Laborers’ Pension and Welfare Funds Office of the Fund Council 111 W Jackson Blvd, Suite 1415 Chicago, IL 60604 (312) 692-1497 [email protected] March 20, 2019

2 :

IOI RARE NN INNA LNA NAPA NARADA TE MUP OT PENA EME SP A RMI OO PAIL Ue ‘ a □

death aN DAE UNITED STATES DISTRICT. COURT o.c500 50s. □□ □□□ ae FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION LABORERS? PENSION FUND, et al. ) ) Plaintiffs, } Case No. 08 C 6915 ) v, ) Lo ) IFE&S [NC., an Hlinois corporation, ) Judge CASTILLO ) Defendant. )

This matter having come to he heard on the Motion of Plaintiffs Laborers’ Pension Fund, Laborers’ Welfare Fund of the Health and Welfare Department of the Construction and General Laborers’ District Council of Chicago and Vicinity, and James S. Jorgensen, Administrator of the Funds, (collectively “lunds”), to Enforee the parties’ Settlement Agreement, due notice having been given, and the Court being fully advised in the premises, IT IS HEREBY ORDERED THAT: l. Judgment is hereby entered in laver of the Funds and against Defendant IFE&S Inc., in the amount of $201,959.87 as follows: A, $70,260.94 pursuant lo paragraph 1.A. of the Settlement Agreement; B. $48,379.60 in aceclerated monthly Note payments pursuant to paragraph 1.8. of the Settlement Agreement; C. $2,548,530 in liquidated damages for ilie late paid April, 2009 benefits report pursuant to paragrapli'].B. of the Settlement

III ERED GIEID MME LANANENAN ENGIN TR AE ETN EEE DOA OM Pail we

dD. $75,820.83 in benefits and dues contributions for the months.

of May, June, July, and August, 2009, including liquidated damages, pursuant to paragraph 1.B.of the Settlement Agreement; and ' E. $4,950.00 in attomeys’ fees and costs pursuant to paragraph J.B. of the Settlement Agreement. 2. Judgment is hereby entered in favor of the Funds and against Christine Garcia in the amount of $131,698.93 as follows: A. $48,379.60 in accelerated monthly Note payments pursuant to paragraph 1.B. of the Settlement Agrecment; B. $2,548.50 in liquidated damages for the late paid April, 2009 benefits report pursuant to paragraph 1,B, of the Settlement Agreement; C, $75,820.83 in benefits and dues contributions for the months of May, June, July, and August, 2009, including liquidated damages, pursuant to paragraph 1.B. of the Settlement Agreement; and D, $4,950.00 in attorneys’ fees and costs pursuant to paragraph |B. ofthe Setlement Agrecment. 3. ‘The foregoing judgment against Christine Garcia is to be satisfied joint and severally with the foregoing judgiment against Defendaitt IFE&S Inc. °

4, IFE&S Ine, and Christine Garcia are to pay post judgment interest on all

2

EE IE ENA LN a NANA NENA TB RTE A AE ANAT NESE LOCALS MT OT ihe ve

amounts due from the datc of judgment until the judgment is satishled. ee

re Honorable Ruben Castillo United States District Court Judge Dated rey Bee La

city queasy □□□ ae GJERTIFICATE OF SERVICE | oo ore ce □□□

. The undersigned certifies that she caused a copy of the Motion for Revival of Judgment upon the following persons via personal service. IFE&S, Inc. Christine Garcia President and Registered Agent

" Street . Broadview, IL 60155 Christina Garcia 4548 N. Melvina Chicago, Illinois 60630

By: __/s/ Sara 8. Schumann Sara 8. Schumann