United States District Court Northern District of Illinois - CM ......2/8/2016 CM/ECF LIVE , Ver 6.1...

2/8/2016 CM/ECF LIVE, Ver 6.1 - U.S. District Court, Northern llllrxjis

MARTIN,TERMED

United States District Court Northern District of Illinois - CM/ECF L I V E , Ver 6,1 (Chicago)

C I V I L DOCKET FOR CASE #: l:13-cv-02072

Central States Se & Sw Areas Health & Welfare Fund et al v. Date Filed: 03/18/2013 ST Pipeline, Inc. Date Terminated; 06/04/2013 Assigned to: Honorable Elaine E. Bucklo Jury Demand: None Case in other court: 13-03633 Nature of Suit: 791 Labor: E.R.I.S.A. Cause: 29:1145 E.R.I.S.A. Jurisdiction: Federal Question

Plaintiff

Central States Se & Sw Areas Health represented by Jason Phillip Faust & Welfare Fund Central States Law Department

9377 W. Higgins Rd. - 10th Floor Rosemont, I L 60018 (847) 518-9800 Email: [email protected] TERMINATED: 10/23/2013 LEAD ATTORNEY

Albert M. Madden Central States Law Department 9377 W. Higgins Road 10th Floor Rosemont, IL 60018-5123 (847)518-9800 Emai 1: [email protected] A TTORNEY TO BE NOTICED

Brad R. Berliner Central States Funds 9377 W. Higgins Road Rosemont, IL 60018-4938 (847)939-2478 Email: [email protected] A TTORNEY TO BE NOTICED

Brandon Andrew Buyers Central States Law Department 9377 W. Higgins Rd. Rosemont, I L 60018 (847) 939-2464 Email: [email protected] A TTORNEY TO BE NOTICED

Emily E . Gleason

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2/8/2016 CM/ECF LIVE, Ver 6.1 - U.S. District Court, Northern Illinois

Central States Funds 9377 W. Higgins Road Rosemont, I L 60018 847-518-9800 Email: [email protected] ATTORNEY TO BE NOTICED

Plaintiff

Central States Se & Sw Areas Pension represented by Jason Phillip Faust Fund (See above for address)

TERMINATED: 10/23/2013 LEAD ATTORNEY

Albert M, Madden (See above for address) A TTORNEY TO BE NOTICED

Brad R. Berliner (See above for address) A TTORNEY TO BE NOTICED

Brandon Andrew Buyers (See above for address) A TTORNEY TO BE NOTICED

Emily E . Gleason (See above for address) A TTORNEY TO BE NOTICED

Plaintiff

Arthur H. Bunte, J r represented by Albert M. Madden (See above for address) A TTORNEY TO BE NOTICED

Brad R. Berliner (See above for address) A TTORNEY TO BE NOTICED

Brandon Andrew Buyers (See above for address) A TTORNEY TO BE NOTICED

Emily E . Gleason (See above for address) A TTORNEY TO BE NOTICED

Jason Phillip Faust (See above for address) TERMINATED: 10/23/2013 A TTORNEY TO BE NOTICED

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2/8/2016 CM/ECF LIVE, Ver 6.1 - U.S. District Court, Norttiern Illinois

represented by Hal R. Morris Amstein «fe Lehr, LLP 120 South Riverside Plaza Suite 1200 Chicago, I L 60606-3913 (312) 876-7100 Email: [email protected] LEAD ATTORNEY A TTORNEY TO BE NOTICED

Elizabeth Anne Thompson Amstein & Lehr Lip 120 S.Riverside Plaza Suite 1200 Chicago, IL 60606 (312) 876-7833 Email: [email protected] A TTORNEY TO BE NOTICED

Date Filed # Docket Text

03/18/2013 1 COMPLAINT filed by Central States Se & Sw Areas Health & Welfare Fund, Arthur H. Bunte, Jr, Central States Se & Sw Areas Pension Fund; Filing fee $ 350, receipt number 0752-8152342.(Faust, Jason) (Entered: 03/18/2013)

03/18/2013 2 CIVIL Cover Sheet (Faust, Jason) (Entered: 03/18/2013)

03/18/2013 a ATTORNEY Appearance for Plaintiffs Arthur H. Bunte, Jr, Central States Se & Sw Areas Health & Welfare Fund, Central States Se & Sw Areas Pension Fund by Jason Phillip Faust (Faust, Jason) (Entered: 03/18/2013)

03/18/2013 CASE ASSIGNED to the Honorable Elaine E. Bucklo. Designated as Magistrate Judge the Honorable Daniel G. Martin, (et,) (Entered: 03/18/2013)

03/20/2013 SUMMONS Issued as to Defendant ST Pipeline, Inc. Oh,) (Entered: 03/20/2013)

03/21/2013 4 ATTORNEY Appearance for Plaintiffs Arthur H. Bunte, Jr, Central States Se & Sw Areas Health & Welfare Fund, Central States Se & Sw Areas Pension Fund by Emily E. Gleason (Gleason, Emily) (Entered: 03/21/2013)

04/01/2013 ATTORNEY Appearance for Plaintiffs Arthur H. Bunte, Jr, Central States Se & Sw Areas Health & Welfare Fund, Central States Se & Sw Areas Pension Fund by Albert M . Madden (Madden, Albert) (Entered: 04/01/2013)

04/02/2013 6 SUMMONS Retumed Executed by Central States Se & Sw Areas Health & Welfare Fund, Arthur H . Bunte, Jr, Central States Se & Sw Areas Pension Fund as to ST Pipeline, Inc. on 3/26/2013, answer due 4/16/2013. (Faust, Jason) (Entered: 04/02/2013)

V.

Defendant

i T Pipeline, Inc.

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04/09/2013 7 MINUTE entry before Honorable Elaine E. Bucklo: Status hearing set for 5/8/2013 at 9:15 A M . Mailed notice (jdh) (Entered: 04/09/2013)

04/24/2013 8 ATTORNEY Appearance for Plaintiffs Arthur H. Bunte, Jr, Central States Se & Sw Areas Health & Welfare Fund, Central States Se & Sw Areas Pension Fund by Brad R. Berliner (Berliner, Brad) (Entered: 04/24/2013)

05/08/2013 9 MINUTE entry before Honorable Elaine E. Bucklo: Status hearing held on 5/8/2013 and continued to 5/29/2013 at 9:30 A M . Mailed notice (jdh) (Entered: 05/08/2013)

05/28/2013 10 MOTION by Plaintiffs Arthur H. Bunte, Jr, Central States Se & Sw Areas Health & Welfare Fund, Central States Se & Sw Areas Pension Fund for default judgment as to (Attachments: # i Exhibit Exhibit A, # 2 Exhibit Exhibit A - 1 , # 3 Exhibit Exhibit B, # 4 Exhibit Exhibit C, # 5 Exhibit Exhibit C-1, # 6 Exhibit Exhibit D) (Faust, Jason) (Entered: 05/28/2013)

05/28/2013 11 NOTICE of Motion by Jason Phillip Faust for presentment of motion for default judgment, 10 before Honorable Elaine E. Bucklo on 6/5/2013 at 09:30 AM. (Faust, Jason) (Entered: 05/28/2013)

05/28/2013 12 MINUTE entry before Honorable Elaine E. Bucklo: Status hearing reset to 6/5/2013 at 9:30 AM.Mailed notice (jdh) (Entered: 05/28/2013)

05/29/2013 11 MINUTE entry before Honorable Elaine E. Bucklo: Plaintiffs motion for default judgment iQ is granted. Mailed notice (meg,) (Entered: 05/29/2013)

06/04/2013 14 Enter Judgment ORDER in favor of plaintiffs and against defendant in the amount of $157,512,48 Signed by the Honorable Elaine E. Bucklo on 6/4/2013. Status hearing set for 6/5/2013 is stricken. Mailed notice Qdh) (Entered: 06/04/2013)

06/04/2013 15 MINUTE entry before Honorable Elaine E. Bucklo: Civi l case terminated. Mailed notice (jdh) (Entered: 06/04/2013)

08/07/2013 16 CITATION to Discover Assets issued as to James E. Shafer (Third Party), (mb,) (Entered: 08/08/2013)

08/21/2013 17 ATTORNEY Appearance for Defendant ST Pipeline, Inc. by Hal R. Morris (Morris, Hal) (Entered: 08/21/2013)

08/21/2013 13. A l FORNEY Appearance for Defendant ST Pipeline, Inc. by Elizabeth Anne Thompson (Thompson, Elizabeth) (Entered: 08/21/2013)

08/21/2013 19 MOTION by Defendant ST Pipeline, Inc. to vacate default judgment (Attachments: # i Declaration)(Thompson, Elizabeth) (Entered: 08/21/2013)

08/21/2013 m NOTICE of Motion by Elizabeth Anne Thompson for presentment of motion to vacate 19 before Honorable Elaine E. Bucklo on 8/29/2013 at 09:30 A M . (Thompson, Elizabeth) (Entered: 08/21/2013)

08/27/2013 21 MINUTE entry before Honorable Elaine E. Bucklo: Defendant's Motion to vacate is continued to 8/30/2013 at 9:30 A M . Mailed notice O'dh) (Entered: 08/27/2013)

08/30/2013 22 MINUTE entry before Honorable Elaine E. Bucklo: Motion hearing held on 8/30/2013 regarding motion to vacate 19 . Defendant's Motion to vacate is taken under advisement. Plaintiffs to respond by 9/13/2013. Defendant to reply by

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9/27/2013. Ruling before Honorable Elaine E. Bucklo on 10/25/2013 at 9:30 A M . Mailed notice (jdh) (Entered: 08/30/2013)

09/12/2013 23 RESPONSE by Arthur H. Bunte, Jr, Central States Se & Sw Areas Health & Welfare Fund, Central States Se & Sw Areas Pension Fundin Opposition to MOTION by Defendant ST Pipeline, Inc. to vacate default judgment 19 (Attachments: # i Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Faust, Jason) (Entered: 09/12/2013)

09/12/2013 24 NOTICE by Arthur H. Bunte, Jr, Central States Se & Sw Areas Health & Welfare Fund, Central States Se & Sw Areas Pension Fund re response in opposition to motion, 23 (Faust, Jason) (Entered: 09/12/2013)

09/27/2013 21 REPLY by Defendant ST Pipeline, Inc. to motion to vacate 19 , response in opposition to motion, 23 (Attachments: # 1 Affidavit Robert L. Cohen)(Thompson, Elizabeth) (Entered: 09/27/2013)

10/03/2013 26 MOTION by Plaintiffs Arthur H. Bunte, Jr, Central States Se & Sw Areas Health & Welfare Fimd, Central States Se & Sw Areas Pension Fund for leave to file Surreply (Attachments: # i Exhibit A, # 2 Exhibit B)(Faust, Jason) (Entered: 10/03/2013)

10/03/2013 27 NOTICE of Motion by Jason Phillip Faust for presentment of motion for leave to file 23 before Honorable Elaine E. Bucklo on 10/17/2013 at 09:30 A M . (Faust, Jason) (Entered: 10/03/2013)

10/16/2013 28 MINUTE entry before Honorable Elaine E. Bucklo: Plaintiffs' Motion for leave to file surreply 26 is granted. Mailed notice (jdh) (Entered: 10/16/2013)

10/16/2013 29 Surreply by Arthur H. Bunte, Jr, Central States Se & Sw Areas Health & Welfare Fund, Central States Se & Sw Areas Pension Fund (Attachments: # i Exhibit A) (Faust, Jason) (Entered: 10/16/2013)

10/21/2013 ao MOTION by counsel for Plaintiffs Arthur H. Bunte, Jr, Central States Se & Sw Areas Health & Welfare Fund, Central States Se & Sw Areas Pension Fund to withdraw as attorney (Faust, Jason) (Entered: 10/21/2013)

10/21/2013 11 NOTICE of Motion by Jason Phillip Faust for presentment of motion to withdraw as attorney 30 before Honorable Elaine E. Bucklo on 10/24/2013 at 09:30 A M . (Faust, Jason) (Entered: 10/21/2013)

10/23/2013 32 MINUTE entry before Honorable Elaine E. Bucklo: Motion for leave to withdraw appearance of Jason P. Faust as attorney for plaintiffs 30 is granted. Attorney Jason Phillip Faust terminated. Mailed notice (jdh) (Entered: 10/23/2013)

10/24/2013 33 MINUTE entry before Honorable Elaine E. Bucklo: Defendant's Motion to vacate default judgment is denied. Mailed notice O'dh) (Entered: 10/24/2013)

10/25/2013 CITATION to Discover Assets issued as to Douglas Reynolds, (mb,) (Entered: 10/28/2013)

11/20/2013 35 ATTORNEY Appearance for Plaintiffs Arthur H. Bunte, Jr, Central States Se & Sw Areas Health & Welfare Fund, Central States Se & Sw Areas Pension Fund by Brandon Andrew Buyers (Buyers, Brandon) (Entered: 11/20/2013)

11/25/2013 36 PAYMENT by ST Pipeline, Inc. of Filing fee $ 455, receipt number 0752-8968060. httpsV/ecf .1 lnd.usccxirts.gov/cgi-bin/DklRpt.pl?167185490515315-LJ_0-1 5/6

2/8/2016 CM/ECF LIVE, Ver 6.1 - U.S. District Court, Norttiern Illinois

(Thompson, Elizabeth) (Entered: 11/25/2013)

11/25/2013 NOTICE of appeal by ST Pipeline, Inc. regarding orders 33 (Thompson, Elizabeth) (Entered: 11/25/2013)

11/25/2013 as DOCKETING Statement by ST Pipeline, Inc. regarding notice of appeal 27 (Thompson, Elizabeth) (Entered: 11/25/2013)

11/26/2013 39 NOTICE of Appeal Due letter sent to counsel of record, (et,) (Entered: 11/26/2013)

11/26/2013 42 TRANSMITTED to the 7th Circuit the short record on notice of appeal 22 • Notified counsel, (et,) (Entered: 11/26/2013)

11/26/2013 41 ACKNOWLEDGMENT of receipt of short record on appeal regarding notice of appeal 32; USCA Case No. 13-3633 (mb,) (Entered: 11/27/2013)

12/12/2013 42 TRANSMITTED to the USCA for the 7th Circuit the long record on appeal 37 (USCA no. 13-3633). (et,) (Entered: 12/12/2013)

02/13/2014 4a Full SATISFACTION of Judgment (Attachments: # i Release of Citation to Discover Assets)(Gleason, Emily) (Entered: 02/13/2014)

02/19/2014 44 LETTER from the Seventh Circuit regarding the record on appeal in USCA no. 13-3633. No record to be retumed. (nf,) (Entered: 02/20/2014)

02/19/2014 45 MANDATE of USCA dated 2/19/2014 regarding notice of appeal 32 ; USCA No. 13-3633. Upon consideration of the AGREED MOTION FOR VOLUNTARY DISMISSAL, filed on Febmary 18, 2014, by counsel for Appellant ST Pipeline, Inc., IT IS ORDERED that this case is DISMISSED, pursuant to Federal Rule of AppellateProcedure 42(b). (nf, ) (Entered: 02/20/2014)

PACER Service Center Transaction Receipt

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P A C E R Login: in0826:2978477:0 Client Code:

Description: [[Docket Report ~ Search Criteria: 1:13-cv-02072

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Case: l:13-cv-02072 Document #: 1 Filed: 03/18/13 Page 1 of 11 PagelD #:1

IN T H E UNITED STATES DISTRICT COURT FOR T H E NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

CENTRAL STATES, SOUTHEAST A N D ) SOUTHWEST AREAS PENSION FUND; ) CENTRAL STATES, SOUTHEAST A N D ) SOUTHWEST AREAS HEALTH A N D ) WELFARE FUND; and ) Case No. 13-2072 ARTHUR H . BUNTE, JR., as Trustee, )

) Judge Plaintiffs, )

) Magistrate Judge V. )

ST PIPELINE, INC., ) a West Virginia corporation, )

Defendant. )

COMPLAINT

Plaintiffs, Central States, Southeast and Southwest Areas Pension Fund (the

"Pension Fund"), Central States, Southeast and Southwest Areas Health and Welfare

Fund (the "Health and Welfare Fund" and together wi th the Pension Fund collectively

referred to as the "Funds") and Arthur H . Bunte, Jr., one of the Funds' present trustees,

allege as follows:

TURISDICTION AND VENUE

1. This action is brought and maintained in accordance wi th the provisions

of the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1001 et

seq., and is a suit to recover employer contributions owed to the Funds by Defendant in

accordance wi th applicable collective bargaining and trust fund agreements.

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2. This Court has jurisdiction over this action under section 502(e)(1) of

ERISA, 29 U.S.C. § 1132(e)(1).

3. Venue lies in this Court under section 502(e)(2) of ERISA, 29 U.S.C.

§ 1132(e)(2), in that the Funds are "employee benefit plans" as that term is defined in

ERISA and are administered at their principal place of business in Rosemont, Illinois.

Venue is also proper in this Court pursuant to the forum selection clause contained in

the Funds' Trust Agreements which designate this district as the appropriate forum for

lawsuits to collect unpaid contributions.

PARTIES

4. The Pension Fund is an employee benefit plan and trust, wi th its principal

and exclusive office located at 9377 West Higgins Road in Rosemont, Illinois.

5. The Pension Fund is primarily funded by contributions remitted by

multiple participating employers pursuant to negotiated collective bargaining

agreements wi th local unions affiliated with the International Brotherhood of Teamsters

("IBT") on behalf of employees of those same employers. A l l principal and income from

such contributions and investments thereof is held and used for the exclusive purpose

of providing pension benefits to participants and beneficiaries of the Pension Fund and

paying the administrative expenses of the Pension Fund.

6. The Health and Welfare Fund is an employee benefit plan and trust, with

its principal and exclusive office located at 9377 West Higgins Road in Rosemont,

Illinois.

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7. The Health and Welfare Fund is primarily funded by contributions

remitted by multiple participating employers pursuant to negotiated collective

bargaining agreements wi th local unions affiliated wi th the IBT on behalf of employees

of those same employers. A l l principal and income from such contributions and

investments thereof is held and used for the exclusive purpose of providing health and

welfare benefits to participants and beneficiaries of the Health and Welfare Fund and

paying the administrative expenses of the Health and Welfare Fund.

8. Plaintiff Arthur H . Bunte, Jr., is a trustee and "fiduciary" of the Funds as

that term is defined in ERISA. Pursuant to section 502(a)(3) of ERISA, 29 U.S.C. §

1132(a)(3), Arthur H . Bunte, Jr., is authorized to bring this action on behalf of the Funds

and their participants and beneficiaries in his capacity as a trustee and fiduciary.

9. Defendant ST Pipeline, Inc., ("ST Pipeline") is a corporation organized

under the laws of the State of West Virginia. ST Pipeline is an "employer" and a "party-

in-interest" as those terms are defined by sections 3(5) and 3(14)(C) of ERISA, 29 U.S.C.

§§ 1002(5) and 1002(14)(C).

BACKGROUND INFORMATION

10. The IBT represents, for the purpose of collective bargaining, certain

employees of ST Pipeline and employees of other employers in industries affecting

interstate commerce.

11. During all relevant times, ST Pipeline agreed to be bound by a collective

bargaining agreement between the IBT and the Pipe Line Contractors Association

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("PLCA"), pursuant to which ST Pipeline has been required to make contributions to

the Funds on behalf of certain of its covered employees.

12. ST Pipeline agreed to be bound by a Participation Agreement between the

IBT and PLCA, which requires ST Pipeline to pay contributions to the Funds.

13. ST Pipeline agreed to be bound by the terms of the Pension Fund Trust

Agreement and the Health and Welfare Fund Trust Agreement (collectively the "Trust

Agreements") and all rules and regulations promulgated by the Trustees under said

Trust Agreements.

14. Under the Trust Agreements, ST Pipeline was required to "remit

continuing and prompt contributions to the [Funds] as required by the applicable

collective bargaining agreement..."

15. The Pension Fund's Trust Agreement provides that:

Non-payment by an Employer of any moneys due shall not relieve any other Employer from its obligation to make payment. In addition to any other remedies to which the parties may be entitled, an Employer shall be obligated to pay interest on any contributions, withdrawal liability and/or other moneys due to the Trustees from the date when the payment was due to the date when the payment is made, together wi th all expenses of collection incurred by the Trustees, including, but not limited to, attorneys' fees and such fees for late payment as the Trustees determine and as permitted by law. The interest payable by an Employer w i th respect to past due contributions and/or other money (other than withdrawal liability) prior to the entry of a judgment, shall be computed and charged to the Employer (a) at an annualized interest rate equal to two percent (2%) plus the prime interest rate established by JPMorgan Chase Bank, NA for the fifteenth (15th) day of the month for which the interest is charged, or (b) at an annualized interest rate of 7.5% (whichever is greater). ...

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Any judgment against an Employer for contributions and/or withdrawal liability owed to this Fund shall include the greater of (a) a doubling of the interest computed and charged in accordance with this section or (b) single interest computed and charged in accordance wi th this section plus liquidated damages in the amount of 20% of the unpaid contributions and/or withdrawal liability. The interest rate after entry of a judgment against an Employer for contributions and/or other amounts due (other than withdrawal liability) shall be due from the date the judgment is entered until the date of payment, shall be computed and charged to the Employer on the entire judgment balance (a) at an annualized interest rate equal to two percent (2%) plus the prime interest rate established by JPMorgan Chase Bank, NA for the fifteenth (15th) day of the month for which the interest is charged, or (b) at an annualized interest rate of 7.5% (whichever is greater), and such interest shall be compounded annually.

16. The Health and Welfare Fund Trust Agreement also contains a provision

that is identical to the provision quoted in the above paragraph except there are no

references to "withdrawal liability" in the Health and Welfare Fund Trust Agreement

provision.

17. The Funds rely upon participating employers to self-report the work

history of eligible employees. The self-reporting system requires participating

employers to identify those employees for whom contributions are owed and requires

the employers to identify the weeks worked by the covered employees. Based upon the

employee work history reported by the employers, the Funds bi l l the employers for

contributions.

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STATUTORY AUTHORITY

18. Section 515 of ERISA, 29 U.S.C. § 1145, provides:

Every employer who is obligated to make contributions to a multiemployer plan under the terms of the plan or under the terms of a collectively bargained agreement shall, to the extent not inconsistent wi th law, make such contributions in accordance w i th the terms and conditions of such plan or such agreement.

19. Section 502(g)(2) of ERISA, 29 U.S.C. § 1132(g)(2) provides:

In any action under this subchapter by a fiduciary for or on behalf of a plan to enforce section 1145 of this title in which a judgment in favor of the plan is awarded, the court shall award the plan ~

(A) the unpaid contributions,

(B) interest on the unpaid contributions,

(C) an amount equal to the greater of -

(i) interest on the unpaid contributions, or

(ii) liquidated damages provided for under the plan in an amount not in excess of 20 percent (or such higher percentage as may be permitted under Federal or State law) of the amount determined by the court under subparagraph (A),

(D) reasonable attorney's fees and costs of the action, to be paid by the defendant, and

(E) such other legal or equitable relief as the court deems appropriate.

For purposes of this paragraph, interest on unpaid contributions shall be determined by using the rate provided under the plan, or, if none, the rate prescribed under section 6621 of Title 26.

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STATUTORY AND CONTRACTUAL V IOLATIONS

COUNT I - AUDIT FINDINGS

20. Plaintiffs hereby reallege and incorporate each and every allegation made

in paragraphs 1 through 19 of this Complaint as though fully set forth herein.

21. Count I is brought on behalf of both Funds.

22. Pursuant to the Trust Agreements, the Funds are permitted to audit work

history records of participating employers in order to verify the accuracy and

completeness of the reported employee work history submitted as part of the self-

reporting system.

23. The Funds audited ST Pipeline's records to verify the accuracy and

completeness of employee work history reported to the Funds by ST Pipeline during

the period of December 26, 2010 through May 26, 2012.

24. The audit revealed that ST Pipeline had failed to accurately report the

work history of its covered employees.

25. ST Pipeline breached the provisions of ERISA, the collective bargaining

agreement. Participation Agreement and the Trust Agreements by failing to pay all of

the contributions (and interest due thereon) owed to the Funds for the period of

December 26, 2010 through May 26, 2012.

26. ST Pipeline owes the Pension Fund at least $37,609.90 for unpaid

contributions (not including interest) for the period of December 26, 2010 through May

26, 2012, as a result of the conduct set forth in paragraph 25.

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27. ST Pipeline owes the Health and Welfare Fund at least $43,403.91 for

unpaid contributions (not including interest) for the period of December 26, 2010

through May 26, 2012, as a result of the conduct set forth in paragraph 25.

28. Under the Trust Agreements, employers who fail to pay amounts revealed

to be owed by an audit are required to pay all costs incurred in connection wi th the

audit.

WHEREFORE, Plaintiffs request the following relief:

(a) A judgment against Defendant in favor of the Funds, pursuant to section

502(g)(2) of ERISA, 29 U.S.C. § 1132(g)(2), and under the Trust Agreements, for:

(i) the unpaid contributions owed to the Funds by Defendant;

(ii) interest on the unpaid contributions computed and charged at the

greater of (a) an annualized interest rate equal to two percent (2%)

plus the prime interest rate established by JPMorgan Chase Bank,

N A for the fifteenth (15th) day of the month for which the interest

is charged, or (b) an annualized interest rate of 7.5%;

(iii) an amount equal to the greater of interest on the unpaid

contributions or liquidated damages of 20% of the unpaid

contributions;

(iv) attorney's fees and costs; and

(v) audit fees and costs.

(b) Post-judgment interest computed and charged on the entire balance of the

judgment at the greater of (i) an annualized interest rate equal to two percent (2%) plus

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the prime interest rate established by JPMorgan Chase Bank, N A for the fifteenth (15th)

day of the month for which the interest is charged, or (ii) at an annualized interest rate

of 7.5%, and wi th said interest to be compounded annually; and

(c) For such further or different relief as this Court may deem proper and

just.

COUNT I I - NOVEMBER 2011 THROUGH OCTOBER 2012 BILLINGS

29. Plaintiffs hereby reallege and incorporate each and every allegation made

in paragraphs 1-19 of this Complaint as though fully set forth herein.

30. Count I I is brought on behalf of both Funds.

31. Based upon the employee work history reported to the Pension Fund by

ST Pipeline during the period of November 27, 2011 through October 27, 2012, ST

Pipeline has breached the provisions of ERISA, the collective bargaining agreement, the

Participation Agreement and the Trust Agreement by failing to pay all of the

contributions (and interest due thereon) owed to the Funds.

32. Despite demands that ST Pipeline perform its statutory and contractual

obligations wi th respect to making contributions to the Funds, ST Pipeline has

neglected and refused to pay the amounts that are due as a consequence of the conduct

set forth in paragraph 31.

33. ST Pipeline owes the Pension Fund $31,507.20 for unpaid contributions

(not including interest) for the period of January 1, 2012 through March 31, 2012, as a

result of the conduct set forth in paragraph 31.

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34. ST Pipeline owes the Pension Fund at least $41.80 for unpaid interest on

previously past due contributions for the period of November 27, 2011 through October

27, 2012, as a result of the conduct set forth in paragraph 31.

35. ST Pipeline owes the Health and Welfare Fund at least $31.75 for unpaid

interest on previously past due contributions for the period of February 26, 2012

through October 27, 2012, as a result of the conduct set forth in paragraph 31.

WHEREFORE, Plaintiffs request the following relief:

(a) A judgment against Defendant in favor of the Funds, pursuant to section

502(g)(2) of ERISA, 29 U.S.C. § 1132(g)(2), for:

(i) the unpaid contributions owed to the Funds based upon the

employee work history reported by Defendant;

(ii) interest on the unpaid and previously past due contributions

computed and charged at the greater of (a) an annualized interest

rate equal to two percent (2%) plus the prime interest rate

established by JPMorgan Chase Bank, NA for the fifteenth (15th)

day of the month for which the interest is charged, or (b) an

annualized interest rate of 7.5%;

(iii) an amount equal to the greater of interest on the unpaid

contributions or liquidated damages of 20% of the unpaid

contributions; and

(iv) attorney's fees and costs.

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(b) Post-judgment interest computed and charged on the entire balance of the

judgment at the greater of (i) an annualized interest rate equal to two percent (2%) plus

the prime interest rate established by JPMorgan Chase Bank, NA for the fifteenth (15th)

day of the month for which the interest is charged, or (ii) at an annualized interest rate

of 7.5%, and w i th said interest to be compounded annually; and

(c) Such further or different relief as this Court may deem proper and just.

Respectfully submitted.

/s/ Jason P. Faust Jason P. Faust (ARDC No. 6307787) Attorney for Plaintiffs CENTRAL STATES FUNDS L A W DEPARTMENT

9377 W. Higgins Road Rosemont, Illinois 60018 Telephone: (847) 518-9800, Ext. 3469 E-mail: jfaust@centralstatesfunds. org

Date: March 18, 2013

T: 513665/13310061/3/5/12 11

Case: l:13-cv-02072 Document #: 14 Filed: 06/04/13 Page 1 of 3 PagelD #;59


EASTERN DIVISION

CENTRAL STATES, SOUTHEAST A N D SOUTHWEST AREAS PENSION FUND; CENTRAL STATES, SOUTHEAST A N D SOUTHWEST AREAS HEALTH A N D WELFARE FUND; and ARTHUR H . BUNTE, JR., as Trustee,

Plaintiffs,

V.

ST PIPELINE, INC., a West Virginia corporation.

Defendant.

JUDGMENT ORDER

This matter coming before the Court on Plaintiffs' Mot ion for Entry of Default

and Default Judgment, and the Court having reviewed the Motion along wi th the

supporting materials, hereby FINDS, ORDERS, and ADJUDGES as follows:

1. That Defendant ST Pipeline, Inc. ("ST Pipeline") is adjudged to be in

default.

2. That a default judgment is entered against ST Pipeline.

3. That the Funds and Arthur H . Bunte, Jr., as Trustee, have and recover

from and against ST Pipeline in the total amount of $157,512.48. This amount consists

of: (i) past due employer contributions in the principal amount of $37,609.90 to the

Pension Fund based on inaccurately reported work history by ST Pipeline for the period

TM: 515221 / 13310061 /6/4/13-1-

Case No. 13-2072

Judge Elaine E. Bucklo

Case: l:13-cv-02072 Document*: 14 Filed: 06/04/13 Page 2 of 3 PagelD *:60

December 26, 2010 through May 26, 2012; (ii) past due employer contributions in the

principal amount of $43,403.91 to the Health and Welfare Fund based on inaccurately

reported work history by ST Pipeline for the period December 26, 2010 through May 26,

2012; (iii) past due employer contributions in the principal amount of $31,507.20 to the

Pension Fund based on the employee work history reported to the Pension Fund by ST

Pipeline for the period of January 1, 2012 through March 31, 2012; (iv) delinquent

interest in the amount of $4,921.90 through May 29, 2013 owed to the Health and

Welfare Fund; (v) delinquent interest in the amount of $6,922.87 through May 29, 2013

owed to the Pension Fund; (vi) liquidated damages in the amount of $22,504.20; (vii)

audit fees and costs in the amount of $9,534.50; (viii) attorneys' fees in the amount of

$708.00; and (ix) costs in the amount of $400.00.

4. That Plaintiffs are awarded post-judgment interest on the entire judgment

balance at an annualized interest rate equal to two percent (2%) plus the prime interest

rate established by JPMorgan Chase Bank, NA for the fifteenth (15th) day of the month

for which interest is charged and wi th said interest to be compounded annually.

5. Specifically excluded from this judgment and not barred under claim

preclusion are: (a) any obligation of ST Pipeline to pay employer contributions (or

interest and statutory damages thereon) for any periods other than December 26, 2010

through May 26, 2012, and November 27, 2011 through October 27, 2012; (b) any claim

for employer contributions (or interest or statutory damages thereon) for any period of

time (including November 27, 2011 through October 27, 2012) on behalf of employees

TM; 515221 /13310061 /6/4/13-2-

Case: l:13-cv-02072 Document #: 14 Filed: 06/04/13 Page 3 of 3 PagelD #:6 l

whose work history was not reported or was inaccurately reported to the Funds; and (c)

any claim for withdrawal liability.

6. That Plaintiffs may proceed wi th collection of the judgment.

Dated: June 4, 2013 Enter: Elaine E. Bucklo

r:

United States District Judge

TM: 515221 /13310061 / 6/4/13-3-

Case: l.T3-cv-02072 Document #: 43 Filed: 02/13/14 Page 1 of 2 PagelD #:211


EASTERN DIVISION

CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND; CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS HEALTH AND WELFARE FUND; and ARTHUR H. BUNTE, JR., as Trustee,

Plaintiffs,

V.


Defendant.

Case No. 13-2072


R E L E A S E AND SATISFACTION OF JUDGMENT ENTERED AGAINST ST PIPELINE. INC.

NOW COME Plaintiffs, Central States, Southeast and Southwest Areas Pension Fund,

Central States, Southeast and Southwest Areas Health and Welfare Fund, and Arthur H. Bunte,

Jr., Tmstee, and, having received full satisfaction, release the judgment entered on June 4, 2013

against ST Pipeline, Inc.

Respectfully submitted,

/s/ Emily E. Gleason Emily E. Gleason Central States Funds 9377 W. Higgins Road, 10th Floor Rosemont, Illinois 60018-4938 847-939-2343 ARDC # 06298395

February 13, 2014 [email protected]

T:512082/11410047/2/13/14 - 1 -

Case; l:13-cv-02072 Document #; 43 Filed: 02/13/14 Page 2 of 2 PagelD #:212

C E R T I F I C A T E OF SERVICE

I , Emily E. Gleason, one of the attorneys for Plaintiffs, Central States, Southeast and

Southwest Areas Pension Fund, Central States, Southeast and Southwest Areas Health and

Welfare Fund, and Arthur H. Bimte, Jr., Trustee, certify that on February 13, 2014,1 caused the

foregoing Release and Satisfaction of Judgment Entered Against ST Pipeline, Inc. to be filed

electronically. This filing was served on all parties indicated on the electronic filing receipt via

the Court's electronic filing system.

Isl Emily E. Gleason Emily E. Gleason One of Central States' Attorneys

T:512082/11410047/2/13/14 -2-

Case: l:13-cv-02072 Document*: 43-1 Filed: 02/13/14 Page 1 of 2 PagelD *:213


EASTERN DIVISION


Plaintiffs,

V.


Defendant.

Case No. 13-2072


R E L E A S E OF CITATION TO DISCOVER ASSETS

NOW COME Plaintiffs, Central States, Southeast and Southwest Areas Pension Fund,

Central States, Southeast and Southwest Areas Health and Welfare Fund, and Arthur H. Bunte,

Jr., Trustee, and, having received fiill satisfaction, release the Citation to Discover Assets entered

on October 25, 2013 against ST Pipeline, Inc.

Respectfully submitted,

Isl Emily E. Gleason Emily E. Gleason Central States Funds 9377 W. Higgins Road, 10th Floor Rosemont, Illinois 60018-4938 847-939-2343 ARDC # 06298395 [email protected] February 13,2014

T;512082 /11410047 / 2/13/14 - 1 -

Case: l:13-cv-02072 Document #: 43-1 Filed: 02/13/14 Page 2 of 2 PagelD #:214

C E R T I F I C A T E OF SERVICE

I , Emily E. Gleason, one of the attorneys for Plaintiffs, Central States, Southeast and

Southwest Areas Pension Fund, Central States, Southeast and Southwest Areas Health and

Welfare Fund, and Arthur H. Bunte, Jr., Tmstee, certify that on Febmary 13, 2014,1 caused the

foregoing Release of Citation to Discover Assets to be filed electronically. This filing was served

on all parties indicated on the electronic filing receipt via the Court's electronic filing system.

Isl Emily E. Gleason Emily E. Gleason One of Central States' Attorneys

1:512082/ 11410047/2/13/14 -2-

2/8/2016 WVSD CM/ECF version 6.1.1_c

25BF

United States District Court Southern District of West Virginia (Charleston) C IV IL DOCKET FOR CASE #: 2:13-mc-00082

Central States et al v. ST Pipeline, Inc. Date Filed: 07/18/2013 Assigned to: Case in other court: USDC/Nothem District of Illinois, 1:13-

CV-2072

Cause: Registration of Foreign Judgment

Plaintiff Central States, Southeast and represented by Emily Eileen Gleason Southwest Areas Pension Fund CENTRAL STATES LAW

DEPARTMENT 10th Floor 9377 West Higgins Road Rosemont, I L 60018 847/518-9800 Fax: 847/518-9797 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lawrence B. Lowry BARRETT CHAFIN LOWRY 8c AMOS P. O. Box 402 Huntington, WV 25708-0402 304/529-2434 Fax: 304/529-6179 Email: [email protected] LEAD ATTORNEY A TTORNEY TO BE NOTICED

Jason Phillip Faust CENTRAL STATES LAW DEPARTMENT 10th Floor 9377 W Higgins Road Rosemont, I L 60018 874/518-9800 Fax: 847/518-9797 Email: [email protected] TERMINATED: 11/13/2013

Plaintiff

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2/8/2016 WVSD CM/ECF version 6.1.1 c

represented by Emily Eileen Gleason (See above for address) LEAD ATTORNEY A TTORNEY TO BE NOTICED

Lawrence B. Lowry (See above for address) LEAD ATTORNEY A TTORNEY TO BE NOTICED

Jason Phillip Faust (See above for address) TERMINATED: 11/13/2013

Plaintiff

Arthur H. Bunte, Jr . represented by Emily Eileen Gleason as Trustee (See above for address)

LEAD ATTORNEY A TTORNEY TO BE NOTICED

Lawrence B. Lowry (See above for address) LEAD ATTORNEY A TTORNEY TO BE NOTICED

Jason Phillip Faust (See above for address) TERMINATED: 11/13/2013

Centra) States, Southeast and Southwest Areas Health and Welfare Fund and

V.

Defendant

ST Pipeline, Inc. a West Virginia corporation

Suggestee

United Bank

Date Filed # Docket Text

07/18/2013 i CERTIFICATION OF JUDGMENT FOR REGISTRATION IN ANOTHER DISTRICT from the United States District Court, Northern District of Illinois, Eastern Division. (Attachments: # i Judgment Order, # 2 Cover Letter) (taq) (Entered: 07/23/2013)

07/18/2013 2 Filing Fee: $46.00, Receipt Number CHAR006064. (taq) (Entered: 07/23/2013)

08/23/2013 1 APPLICATION by Arthur H. Bunte, Jr., Central States, Southeast and Southwest Areas Health and Welfare Fund, Central States, Southeast and Southwest Areas Pension Fund FOR WRIT OF EXECUTION on i Certification of Judgment for

https://ecf.wvsd.uscourts.gov/cgi-bin/DktRpt.pl7377332268856499-L_1_0-1 2/4

2/8/2016 WVSD CM/ECF version 6.1.1_c

Registration in another District. (Attachments: # i Writ of Execution (proposed), # 2 USM Form 285, # 3 Writ of Suggestion for United Bank (Proposed)) (taq) (Main Document 3 replaced on 8/28/2013) (taq). (Entered: 08/27/2013)

08/29/2013 4 WRIT OF EXECUTION ISSUED by the Clerk on 8/29/2013, returnable 90 days. Original and 1 copy delivered to the U. S. Marshal for service, (taq)

08/29/2013 1 WRIT OF SUGGESTION, with summons, issued by the Clerk for Suggestee, United Bank on 8/29/2013. Mailed to plaintiffs' counsel, Jason Phillip Faust, for service, (taq)

08/30/2013 6 NOTICE OF POSSIBILITY OF EXEMPTIONS. Transmitted by the Clerk to ST Pipeline, Inc., with a copy of the Suggestion, via certified mail, (taq)

09/09/2013 2 RETURN RECEIPT CARD received as to ST Pipeline, Inc., re: 6 Notice of Possibility of Exemptions; signed by Amelia Evans on 9/04/2013. (taq)

10/11/2013 S RETURN OF SERVICE on 4 Writ of Execution Issued as to United Bank. Served by United States Marshals Service on 10/9/2013. (taq)

10/23/2013 2 RETURN OF SERVICE on 4 Writ of Execution Issued. Served by James B. Mounts, Deputy United States Marshal on 10/9/2013 (tmr)

11/13/2013 13 NOTICE OF CHANGE OF ATTORNEY INFORMATION by Emily Eileen Gleason substituting for Jason Phillip Faust on behalf of Arthur H. Bunte, Jr, Central States, Southeast and Southwest Areas Health and Welfare Fund, Central States, Southeast and Southwest Areas Pension Fund. (Gleason, Emily)

12/12/2013 i i APPLICATION FOR WRIT OF EXECUTION AND WRIT OF SUGGESTION for United Bank by Arthur H. Bunte, Jr, Central States, Southeast and Southwest Areas Health and Welfare Fund, Central States, Southeast and Southwest Areas Pension Fund (Attachments: # 1 Writ o f Execution, # 2 Writ of Suggestion) (Gleason, Emily)

12/13/2013 i l WRIT OF EXECUTION ISSUED by the Clerk on 12/13/2013, returnable 3/13/2014. Original and 1 copy delivered to the U. S. Marshal, with USM-285, for service, (skh)

12/13/2013 i l WRIT OF SUGGESTION, with summons, issued by the Clerk for Suggestee, United Bank, on 12/13/2013. Returned/Delivered to plaintiffs' counsel for service, (skh)

12/13/2013 14 NOTICE OF POSSIBILITY OF EXEMPTIONS. Transmitted by the Clerk to ST Pipleline, Inc., with a copy of the Suggestion, via certified mail, return receipt requested, (skh)

12/18/2013 15 RETURN RECEIPT CARD received re: 14 Notice of Possibility of Exemptions. Signed by Ron Jones on 12/17/2014 in Huntington, (tmh)

12/20/2013 1^ ANSWER by United Bank to 13 Writ o f Suggestion issued 12/13/2013. (taq) (Entered: 12/23/2013)

12/23/2013 11 STATEMENT OF VISITING ATTORNEY from Emily Eileen Gleason on behalf of Arthur H. Bunte, Jr., Central States, Southeast and Southwest Areas Pension Fund, Central States, Southeast and Southwest Areas Health and Welfare Fund and Designation of Local Counsel: Lawrence B. Lowry. PRO HAC VICE FEE: $50.00.

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2/8/2016 WVSD CM/ECF version 6.1.1 c

Receipt Number 0425-2861233. (taq) (Entered: 01/08/2014)

02/07/2014 18 RETURN OF SERVICE on 13 Writ o f Suggestion Issued. Served by Mary K. McKnight on 12/13/2013. (Gleason, Emily) (Modified on 2/8/2014 to add link to #13 writ o f suggestion) (skh).

02/07/2014 19 AGREED MOTION by Arthur H. Bunte, Jr, Central States, Southeast and Southwest Areas Health and Welfare Fund, Central States, Southeast and Southwest Areas Pension Fund for Release of Funds (Attachments: # i Exhibit A, # 2 Proposed Order)(Gleason, Emily)

02/09/2014 2Q STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MA IT ERS TO MAGISTRATE JUDGES ENTERED February 7, 2014. This matter is referred to Magistrate Judge Tinsley for disputes which arose post-judgment. (cc:attys; any unrepresented party) (ras)

02/09/2014 MOTION REFERRED to Magistrate Judge Dwane L. Tinsley: 19 AGREED MOTION by Arthur H . Bunte, Jr., Central States, Southeast and Southwest Areas Health and Welfare Fund, Central States, Southeast and Southwest Areas Pension Fund for Release of Funds is referred to Magistrate Judge Tinsley pursuant to the 20 Standing Order, (ras)

02/10/2014 21 ORDER granting the 12 AGREED MOTION for Release of Funds; United Bank, Inc. is authorized to and shall, as soon as practicable, release to plaintiffs all funds which defendant has on deposit with United Bank, Inc., up to the amount of $170,000.00, in such a manner as to be further agreed upon by the parties. Signed by Magistrate Judge Dwane L. Tinsley on 2/10/2014. (cc: attys) (taq)

02/13/2014 22 RELEASE OF WRITS OF EXECUTION by Arthur H. Bunte, Jr, Central States, Southeast and Southwest Areas Health and Welfare Fund, Central States, Southeast and Southwest Areas Pension Fund (Gleason, Emily)

07/22/2014 22 RETURN OF SERVICE on 12 Writ of Execution Issued. Retumed unexecuted by United States Marshal Service on 7/18/2014. (tmr) (Entered: 07/23/2014)

PACER Service Center Transaction Receipt

02/08/2016 10:35:42

P A C E R Login: in0826:2978477:0 Client Code: |

Description: Docket Report Search Criteria: 2:13-mc-00082 ]

Billable Pages: 3 Cost: 0.30

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Case 2:13-mc-00082 Document 1 Filed 07/18/13 Page 1 of 2 PagelD #; 1

UNITED STATES DISTRICT COURT E V E R E T T MCKINLEY DIRKSEN BUILDING

UNITED STATES COURT HOUSE CHICAGO, IL 60604

THOMAS G. BRUTON C L E R K

OFFICE OF THE C L E R K

Central States Se & Sw Areas Health & Welfare Fund et al.

V.

ST Pipeline, Inc.,

CERTIFICATION OF JUDGMENT FOR REGISTRATION IN

ANOTHER DISTRICT

Case

m . I 8 2013

• TERESA L DEPPNER, CLERK U.S. District Court

Southern District of West Virginia

I, Thomas G. Bruton, Clerk of this United States District Court certify that the attached judgment is a true and correct copy of the original judgment entered in this action on 06/04/2013, as it appears in the records of this court, and that, no notice of appeal from this judgment has been filed, and any motions of the kinds listed in Rule 4(a) of the Federal Rules of Appellate Procedure has not been filed

IN TESTIMONY WHEREOF, I sign my name and affix the seal of this Court on July 16, 2013.

Thomas G. Bruton Court Administrator

A

ByYNadine Finle^ Deputy Clerk

1/

The motions listed in Rule 4(a) of the Federal Rules of Appellate Procedure are motions; for judgment notwithstanding the verdict; to amend or make additional findings of fact; to alter or amend the judgment; for a new trial; and for an extension of time for filing a notice of appeal

Case 2:13-mc-00082 Document 1 Filed 07/18/13 Page 2 of 2 PagelD #: 2

C E R T I F I E D C O P Y fRev. 1/2012)

United States District Court Northern District of Illinois

Eastern Division

I, Thomas G. Bruton, Clerk of the United States District Court for the Northern District

of Illinois, do hereby attest and certify that the annexed document(s) is (are) a full, true, and

correct copy of the original(s) on file in my office and in my legal custody.

IN TESTIMONY WHEREOF:

I have hereunto subscribed my name and affixed the seal of the

foresaid court at Chicago, Illinois, on JUL 1 6 2013 '

THO

B y : _

Case 2:13-mc-00082 Document 1-1 Filed 07/18/13 Page 1 of 3 PagelD #: 3


IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION


Plaintiffs,

V.


Defendant.

TUDGMENT ORDER

This matter coming before the Court on Plaintiffs' Motion for Entry of Default

and Default Judgment, and the Court having reviewed the Motion along with the

supporting materials, hereby FINDS, ORDERS, and ADJUDGES as follows:

1. That Defendant ST Pipeline, Inc. ("ST Pipeline") is adjudged to be in

default.

2. That a default judgment is entered against ST Pipeline.

3. That the Funds and Arthur H. Bunte, Jr., as Trustee, have and recover

from and against ST Pipeline in the total amount of $157,512.48. This amount consists

of: (i) past due employer contributions in the principal amount of $37,609.90 to the

Pension Fund based on inaccurately reported work history by ST Pipeline for the period

TM: 515221 /13310061 / 6M/13-1-

Case No. 13-2072




December 26, 2010 through May 26, 2012; (ii) past due employer contributions in the

principal amount of $43,403.91 to the Health and Welfare Fund based on inaccurately

reported work history by ST Pipeline for the period December 26, 2010 through May 26,

2012; (iii) past due employer contributions in the principal amount of $31,507.20 to the

Pension Fund based on the employee work history reported to the Pension Fund by ST

Pipeline for the period of January 1, 2012 through March 31, 2012; (iv) delinquent

interest in the amount of $4,921.90 through May 29, 2013 owed to the Health and

Welfare Fund; (v) delinquent interest in the amount of $6,922.87 through May 29, 2013

owed to the Pension Fund; (vi) liquidated damages in the amount of $22,504.20; (vii)

audit fees and costs in the amount of $9,534.50; (viii) attorneys' fees in the amount of

$708.00; and (ix) costs in the amount of $400.00.

4. That Plaintiffs are awarded post-judgment interest on the entire judgment

balance at an annualized interest rate equal to two percent (2%) plus the prime interest

rate established by JPMorgan Chase Bank, NA for the fifteenth (15th) day of the month

for which interest is charged and with said interest to be compounded annually.

5. Specifically excluded from this judgment and not barred under claim

preclusion are: (a) any obligation of ST Pipeline to pay employer contributions (or

interest and statutory damages thereon) for any periods other than December 26, 2010

through May 26, 2012, and November 27, 2011 through October 27, 2012; (b) any claim

for employer contributions (or interest or statutory damages thereon) for any period of

time (including November 27, 2011 through October 27, 2012) on behalf of employees

TM; 515221 /13310061 / 6M/13-2-


Case: l:13-cv-02072 Document #: 14 Filed: 06/04/13 Page 3 of 3 PagelD #;61

whose work history was not reported or was inaccurately reported to the Funds; and (c)

any claim for withdrawal liability.

6. That Plaintiffs may proceed with collection of the judgment.

Dated: June 4,2013 Elaine E. Bucklo United States District Judge

TM: 515221 / 13310061 / 6M/13-3-

Case 2:13-mc-00082 Document 1-2 Filed 07/18/13 Page 1 of 1 PagelD #: 6 CENTRAL STATES SOUTHEAST AND SOUTHWEST AREAS

HEALTH AND WELFARE AND PENSION FUNDS

LAW DEPARTMENT

P.O. BOX 5123 DES PLAINES, IL 60017-5123

TELEPHONE (847) 518-9800, Ext. 3355 FAX (847) 518-9797

E-MAIL: qhansenOicentralstatesfunds.orq

July 17, 2013

DIRECT OVERNIGHT MAIL TO; 9377 W HIGGINS RD ROSEMONT IL 60018-4938

G E O R G E 0. HANSEN SENIOR PARALEGAL

^ - ( 3 - m C - C O C B a

Clerk of the U.S. District Court Southern District of West Virginia 300 Virginia St., E. Rm 2400 Charleston, WV 25329

RE: Central States. SE & SW Areas Health & Welfare and Pension Funds v. ST Pipeline, Inp. Case No. 13 CV 2072 Control No. 13310061

To Whom It May Concern:

Enclosed is a certification of judgmentfor registration (ClV-101) and a certified copy of a judgment entered by the United States District Court for the Northern District of Illinois. I would appreciate your registering this judgment in your district. I have enclosed a check in the amount of $46.00 to cover your fee for this service.

Also enclosed is an additional copy of the judgment./Please stamp and return this complete copy with the new case number and date filed, for my records. I have enclosed a self-addressed stamped envelope for your convenience.)

Thank you for your assistance, if you have any questions, please contact me at (847) 518-9800, ext. 3355.

nsen Senior Paralegal, Law Department

Enclosures

cc: Jason P. Faust

TM: 502570 / 11110057 / 7/17/13


USDC/PJR-015 (Rev. 02/12)

U N I T E D S T A T E S D I S T R I C T C O U R T SOUTHERN DISTRICT OF WEST VIRGINIA

AT CHARLESTON

Central States, Se & Sw Areas Health & Welfare and Pension Funds, and Arthur H. Bunte, Jr., as Trustee,

Plaintiffs, V.

ST Pipeline, Inc., a West Virginia corporation

Defendant.

WHEREAS, in a civil action in which ludement was recovered in the United States District Court for the Northern District of Illinois, and registered in the United States District Court for the Southern District of West Virginia, the Plaintiff hereby requests the following:

APPLICATION FOR POST-JUDGMENT REMEDIES

C I V I L ACTION 2:13-mc-00082

Certification of Judgment for Registration in Another District Attached: Certification of Judgment will be prepared by the Clerk's Office.

I I fee (SI 1.00 per document certified/. 50 per page copied)

Abstract of Judgment Attached: • Form PJR-002 (A bstract of Judgment)

Writ of Execution A ttached: E Form PJR-003 (Writ of Execution)

\7} USM285 Service of Process Form

Abstract of Execution Attached: \Z\Form PJR-004 (Abstract of Execution)

I I Copy ofpreviously issued Writ of Execution

Suggestion w/Summons on Suggestion Attached: | [Form PJR-005 (Suggestion w/summons)

I \Form PJR-006 (Notice of Possibility of Exemptions)

Suggestee Execution Attached: [jForm PJR-007 (Affidavit for Suggestee Execution))

\^Form PJR-008 (Suggestee Execution)

Temporary Release re: Suggestee Execution - Exemption Attached: I iForm PJR-010 (Temporary Release re:Suggestee Execution - Exemption)

Complete Release re: Suggestee Execution Attached: | \Form PJR-011 (Complete Release re: Suggestee Execution)


Writ of Possession Attached: • Form PJR-012 (Writ of Possession)

• USM 285 Service of Process Form I I Copy of unexpired Writ of Execution

Writ of Assistance Attached: • Form PJR-013 (Writ of Assistance)

• USM 285 Service of Process Form

Bill of Costs: Attached: • Form PJR-0I4 (Bill of Costs)

n Supporting Documentation

Date: U.

Attorney

Jason P. Faust - (ARDC mmil9,l) Attorney for Plaintiffs Central States, Southeast and Southwest Areas Health & Welfare and Pension Funds 9377 W. Higgins Rd., Rosemont, IL 60018 (847)518-9800, Ext. 3469 (847)518-9797 (Fax)


l)SDC/PJR-003 Writ of Execution (Rev. 06/10)

UNITED STATES D I S T R I C T COURT FOR THE

SOUTHERN D I S T R I C T OF W E S T V IRGINIA A T CHARLESTON

Central States, Se & Sw Areas Health & Welfare and Pension Funds, and Arthur H. Bunte, Jr., as Trustee,

Plaintiffs,

V.

ST Pipeline, Inc., a West Virginia corporation

Defendant.

WRIT OF EXECUTION

C I V I L A C T I O N 2:13-mc-82

I N T H E N A M E O F T H E U N I T E D S T A T E S O F A M E R I C A :

T O T H E U N I T E D S T A T E S M A R S H A L F O R T H E S O U T H E R N D I S T R I C T O F W E S T V I R G I N I A :

Pursuant to judgment taken in this action on June 4, 2013 we command you

that of the goods and chattels of United Bank

in your bailiwick, you cause to be made the sum of$ 157,512.48 ^ jjf, interest

thereon at the rate of 0.12 % per annum from June 4, 2013 u„tij paj j

which the above named Central States, Se & Sw Areas Health and Welfare & Pension Funds

recovered against the named ST Pipeline, Inc. and make your return

thereof on 9/30/2013

T E R E S A L . D E P P N E R , C L E R K OF COURT DATE: ^^^^^^Q^^

B Y :

D E P U T Y C L E R K


l)SDC/PJR-003 Writ of Execution (Rev. 06/10)

R E T U R N ON W R I T OF E X E C U T I O N (FOR COMPLETION BY THE UNITED STATES MARSHAL OR A DEPUTY UNITED STATES MARSHAL)

DATE R E C E I V E D : DATE E X E C U T E D :

This writ was received and executed.

COMMENTS:

JOHN D. F O S T E R UNITED STATES MARSHAL

BY: DEPUTY MARSHAL

USIVl-285 i s a {1 p a n ; t o i m . r i l l o u t t h u f o n t i riut'i ijr.nt 5 c 0 | : m . S i u f i a i j n e e d ccJ 2 n d r o u t e a? n p t c i f i e d b e l o w .

U.S. D e p a r t m e n t o f Just ice PROCESS R E C E I P T AND RETURN Uni ted States Marshals Service ^^^^ ••Jnstrucdons for Service of Process hv US Morsha,"

PLAI>mFF Central States, Se & Sw Areas Hea l th & Welfare and Pension Funds, et al

COURT CASE NUMBER 2:13-mc-O0O82

DEFENDANT

ST Pipeline, Inc.

TYPE OF PROCESS

Non-wage gamishraent

• NAME OF INDIVIDUAL, COMPANY, CORPORATION ETC TO SERVE OR DESCRIPTION OF PROPERTY TO SEIZE OR CONDEMN

S E R V E } Un i ted Bank ^ J I ADDRESS (Street or RFD. Aparlmem No.. City, Stale and ZIP Code)

• 555 C St., Ceredo, West V i r g i n i a 25507

SEND NOTICE OF SERVICE COPY TO REQUESTER AT NAME AND ADDRESS BELOW Number of process to be served with this Form 285 1

Jason P. Faust

Central States L a w Department

9377 W . Higg ins Road

Rosemont, I L 60018

L

Number of process to be served with this Form 285 1

Jason P. Faust



Rosemont, I L 60018

L

Number of parties to be served in this case 1

Jason P. Faust



Rosemont, I L 60018

L Check for service on U S A. n/a

SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Allernate Addresses. All Telephone Numbers, and Estimated Times Available for Service):

Fold Fold

Please serve any off icer or author ized agent o f Un i ted Bank dur ing normal business hours.

Signature of An ler Orieuiator requesting service on behalf of: IS PLAINTIFF

• DEFENDANT

T E L E P H O N E N U M B E R

(847) 518-9800, x3469

D A T E

SPACfe B E L O W F O R U S E O F U.S. MARSHAL O N L Y - DO NOT W R I T E B E L O W THIS L INE

1 acknowledge receipt for the total Total Process District of District to Signature of Authorized USMS Deputy or Clerk Date number of process indicated Origin Serve (Sign only for USM 2S5 if more than one USM 2S5 is submilled) No No. than one USM 2S5 is submilled)

1 hereby certify and return that 1 CD have personally served .CD have legal evidence of service, CD have executed as shown in "Remarks", the process described on the individual, company, corporation, etc.. at the address shown above on the on the individual, company, corporation, etc. shown at the address inserted below.

CD 1 hereby certify' and return that I am unable to locate the individual, company, corporation, etc. named above (See remarks below)

Name and title of individual served (if not shown above) CD A person of suitable age and discretion then residing in defendant's usual place of abode

Address (complete only different than shown above) Date Time D am • pm

Signature of US Marshal or Deputy

Service Fee Total Mileage Charges Forwarding Fee Total Charges Advance Deposits Amount owed to U.S. Marshal' or including endeavors) (Amount of Refund*)

$0.00

REMARKS

P R I M .5( ( )Pl i ;S: 1 CLERK OF THE COURT 2 USMS RECORD 3. NOTICE OK SERVICE 4. BILLING STATEMENT*: To be retumed to the U.S. Marshal with payment,

i f any amount is owed. Please remit prompllv payable to U S Marshal 5 ACKNOWLEDGMENT OF RECEIPT

PRIOR EDITIONS MAY BE USED

Form USM-285 Rev 12/80


IN T H E UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA

CENTRAL STATES, SOUTHEAST AND SOUTHWEST A R E A S PENSION FUND; CENTRAL STATES, SOUTHEAST AND SOUTHWEST A R E A S H E A L T H AND W E L F A R E FUND; and ARTHUR H. BUNTE, JR., as Trustee,

Case No. 2:13-mc-00082

Plaintiffs,

V .

ST PIPELINE, INC., a West Virginia corporation,

Defendant.

WHEREAS, in the above action in which judgment was recovered in the United Slates

District Court for the Northern District of Illinois on the 4* day of June, 2013, and registered in

the United States District Court for the Southern District of West Virginia, at Charleston, West

Virginia, on the 18'* day of July, 2013, by the plaintiffs, against ST Pipeline, Inc. for

$157,512.48, with interest at the legal rate prescribed by law thereon from the 4'*" day of June,

2013, until paid, and upon which judgment a Writ of Execution has issued and is now in the

hands of the process server, unpaid and unsatisfied, the plaintiffs, by counsel, suggest that there

is a liability, by reason of the lien of said Writ upon United Bank, who is not the judgment

debtor. The Clerk is, therefore, required to issue a summons upon said suggestion.

Counsel for Plaintiffs

517667/I33I0061 /8/21/2013

Case 2;13-iTic-00082 Document 3-3 Filed 08/23/13 Page 2 of 2 PagelD #: 14

TO THE UNITED S T A T E S MARSHAL FOR THE SOUTHERN D ISTRICT OF WEST VIRGINIA

In the name of the United States of America, we command you to summon United Bank, if it be

found in your bailiwick, to serve upon any officer or registered agent at United Bank whose

address is 555 C St., Ceredo, West Virginia, 25507, an answer, in writing, under oath, to the

above suggestion within 20 days after service of this summons upon you.

DATED: , 2013

T E R E S A L . DEPPNER, Clerk

By; Deputy Clerk

517667/13310061 /8/21/2013


IN T H E UNITED STATES DISTRICT COURT FOR T H E SOUTHERN DISTRICT OF WEST VIRGINIA


Plaintiffs,

V .


Defendant.

Case No. 2:13-mc-00082

ORDER

THIS MATTER comes to be heard on Plaintiffs' and Defendant's Agreed Motion for

Release of Funds. The Court is fully advised.

IT IS HEREBY ORDERED that the Agreed Motion for Release of Funds is GRANTED.

United Bank, Inc. is hereby authorized to and shall, as soon as practicable, release to Plaintiffs all

funds which Defendant has on deposit with United Bank, Inc., up to the amount of $170,000.00,

in such a manner as to be further agreed upon by the parties.

Dwane L. Tinsley United States Magistrate Judge

Dated: February 10. 2014

United States District Court Northern District of Illinois - CM ......2/8/2016 CM/ECF LIVE , Ver 6.1...

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