JAMES CAPORALE, JAMES FOSCO, VAL LAZZARETTO, VINCENT
SOLANO, MICHAEL SPIGNOLA, THOMAS P. KELLY, WALTER BOMBARD,
MICHAEL E. BUSA, ANTHONY J. ROSSETTI, DONALD W. DVORAK,
WILLIAM O. KINAST, and JOHN P. WIET, as Trustees of the
Laborers' Pension Fund; and JAMES CAPORALE, JOE ALLEN,
WALTER HARDY, JAMES O'BRIEN, ALFRED PILOTTO, JOSEPH J. SPIGNOLA,
WALTER BOMBARD, WALTER E. BUSA, V. F. DeROSE, DONALD W.
DVORAK, WILLIAM O. KINAST and JOHN P. WIET, as Trustees of
the Laborers' Welfare Fund of the Health and Welfare
Department of the Construction and General Laborers'
District Council of Chicago and Vicinity, and RONALD E.
THELIN, CY YOCCO, ALEX BUTOR, CLARENCE WESSELHOFF, JOSEPH
WALSH, BENNIE CASOLINA, WILLIAM MARTIN, WILLIAM O. KINAST,
EDWARD MC CARTHY, JOHN PRIDMORE, JOHN P. WIET and EMIL BORRE,
as Trustees of the Cement Masons' Pension Fund, Local No.
502; RONALD E. THELIN, CY YOCCO, CHARLES WEBER, ROY
SHOEMAKER, WILLIAM IVERSEN, JOSEPH WAGER, JOHN PRIDMORE,
WILLIAM O. KINAST, PAUL MELVIN and EMIL BORRE, as Trustees
of the Cement Masons' Institute of Chicago, Illinois; RONALD
E. THELIN, CY YOCCO, ROY GRIZZI, WILLIAM O. KINAST, PAUL
MELVIN and EMIL BORRE, as Trustees of the Cement Masons'
Savings Fund, Local No. 502; and RONALD E. THELIN, CY YOCCO,
PAUL MELVIN and EDWARD MC CARTHY as Trustees of the Cement
Masons' Apprentice Educational and Training Trust Fund,
Local No. 502; and CEMENT MASONS ROCK ASPHALT AND
COMPOSITION FLOOR FINISHERS LOCAL 502, and CEMENT MASONS
LOCAL 362, Pension, Welfare, Savings and Apprentice Funds,
Plaintiffs, v. FOUR M CONCRETE, INC., an Illinois
CORPORATION, and MARIS MUIZNIEKS, Individually, Defendants.
No. 78 C 4836
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
1979 U.S. Dist. LEXIS 14336
February 20, 1979
CORE TERMS: default, law
firm, individually, remaining balance, monthly payments, forty-eight,
forwarded, severally, jointly, stay of execution, security interest,
indebtedness, hereinabove, notice, cure
OPINIONBY: [*1]
KIRKLAND
OPINION: JUDGMENT ORDER AND
STAY OF EXECUTION
This cause coming on to be heard upon the trial call and the court
having determined and the parties having agreed to an entry of an Order
of Judgment and Stay of Execution thereof, as herein set forth;
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that leave is hereby
granted for the plaintiffs to file an amended complaint naming the
CEMENT MASONS LOCAL 362, Pension, Welfare, Savings and Apprentice Funds
(hereafter Local 362 Funds) as party plaintiffs in the instant cause.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that pursuant to the signed
Stipulation of the parties, defendants FOUR M CONCRETE, INC. and MARIS
MUIZNIEKS have agreed to the waiving of the filing of an answer thereto
or additional service, said service having been acknowledged and the
defendants, FOUR M CONCRETE, INC. and MARIS MUIZNIEKS having filed their
appearance.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that plaintiff trustees,
RONALD E. THELIN, et al, have judgment against the defendants FOUR M
CONCRETE, INC. and MARIS MUIZNIEKS individually, jointly and severally
in the amount of $17,882.37 without an award of cost against either
party.
IT
[*2] IS
THEREFORE ORDERED, ADJUDGED AND DECREED that Plaintiff trustees, JAMES
CAPORALE, et al, have judgment against the defendants, FOUR M CONCRETE,
INC. and MARIS MUIZNIEKS, individually, jointly and severally in the
amount of $52,301.95, without an award of cost against either party.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that Plaintiff, Local 362
Funds, have judgment against the defendants, FOUR M CONCRETE, INC. and
MARIS MUIZNIEKS, individually, jointly and severally in the amount of
$9,584.14, without an award of cost against either party.
The aforesaid amounts are the settlement of all matters in controversy
up to and including December 23, 1978, as to the Plaintiff Funds.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that Defendant, FOUR M
CONCRETE, INC., beginning January 1, 1979, will remain current with its
contributions and report forms to the Laborers' Pension and Welfare
Funds and the Cement Masons' Institute, Local 502 Fringe Benefit Funds,
and the Local 362 Funds. Failure to remain current in contributions to
the Funds shall result in the default of the stay of execution so that
the remaining balance shall become immediately due and payable to the
Plaintiff
[*3] Funds.
Until this Judgment is satisfied, the Defendant, FOUR M CONCRETE, INC.
shall not sell or dispose of any asset, without prior written approval
of the law firm of ARNOLD AND KADJAN, and such approval shall not be
unreasonably withheld.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the salaries being paid
to MARIS MUIZNIEKS not be increased until this Judgment Order is
satisfied and that he not receive any bonus nor may any bonuses be paid
to his relatives until this Judgment Order is satisfied.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that:
The Defendants, FOUR M CONCRETE, INC. and MARIS MUIZNIEKS will execute a
security interest agreement giving a security interest on all accounts
receivable and such items as moving stock, trucks, bobcats and other
trade fixtures and office fixtures and equipment, as well as certain
real estate. The execution of these security agreements will not
extinguish the security agreements already in possession of or filed by
the Plaintiffs.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that execution of this
Judgment shall be stayed so long as the installment payment schedule set
out hereafter is observed.
The Defendants, and each
[*4] of them,
shall pay to the Plaintiffs the total amount of their obligation, under
the terms of the Judgment Order in the following manner:
1. With regards to the Chicago Laborers' Fringe Benefit Funds, FOUR M
CONCRETE, INC., and/or MARIS MUIZNIEKS shall make forty-eight (48) equal
monthly payments of One Thousand, Two Hundred Twenty-Eight Dollars
($1,228.00), beginning March 10, 1979, which includes eight percent (8%)
interest. Said payments will be payable on the tenth (10th) of each
month thereafter. Said payments shall be made payable to the Laborers'
Pension and Welfare Funds and forwarded to the law firm of ARNOLD AND
KADJAN, 11 South La Salle Street, Chicago, Illinois 60603.
2. With regards to the Cement Masons' Local 502 Fringe Benefit Funds,
FOUR M CONCRETE, INC. and/or MARIS MUIZNIEKS shall make forty-eight (48)
equal monthly payments of Four Hundred Thirty-eight Dollars ($438.00)
beginning March 10, 1979, which includes eight percent (8%) interest.
Said payments will be payable on the tenth (10th) of each month
thereafter. Said payments shall be made payable to the Cement Masons'
Institute, Local 502, and forwarded to the law firm of ARNOLD AND
KADJAN, 11 South
[*5] La Salle
Street, Chicago, Illinois 60603.
3. With regards to the Cement Masons' Local 362 Fringe Benefit Funds,
FOUR M CONCRETE, INC. and/or MARIS MUIZNIEKS shall make forty-eight (48)
equal monthly payments of Two Hundred Thirty-Four Dollars and
Thirty-Seven Cents ($234.37) beginning March 10, 1979, which includes
eight percent (8%) interest. Said payments will be payable on the tenth
(10th) of each month thereafter. Said payments shall be made payable to
the Cement Masons' Institute, Local 502, and forwarded to the law firm
of ARNOLD AND KADJAN, 11 South La Salle Street, Chicago, Illinois 60603.
If Defendants fail to make the initial payments due on March 10, 1979,
to any of the Plaintiff Funds, or if Defendants fail to make any
installment payments as required hereunder by the tenth (10th) day of
the month when due, the Defendants will be considered in default
provided, however that:
(1) Plaintiffs shall serve written notice of default on Defendants by
mailing said notice or sending a Mail Gram to Defendants at their last
known address.
(2) Defendants shall be entitled to cure said default within a period of
five (5) days by tendering payment of the installment described
[*6] in the
Notice by certified check. Failure to cure the default within said five
(5) day period will result in the remaining balance of the indebtedness
hereinabove set forth to become immediately due and owing.
(3) If Defendants have not cured said default within the period
prescribed in subparagraph (2) above, Defendants agree to the entry of a
Judgment Order in favor of Plaintiffs and against Defendants for the
remaining balance of the indebtedness hereinabove set forth with
Execution to issue immediately.
Approved this 1st day of February, 1979.
FOUR M CONCRETE, INC., an Illinois corporation,
By: Maris Muiznieks, Its President.
Maris Muiznieks, Individually
JAMES CAPORALE, et al, RONALD E. THELIN, et al, CEMENT MASONS' LOCAL
362, Pension, Welfare, Savings and Apprentice Funds,
By: One of Plaintiffs' Attorneys
MARC M. PEKAY, HUGH B. ARNOLD and ARNOLD AND KADJAN 11 South La Salle
Street Chicago, Illinois 60603 Telepone: (312) 236-0415