Bricklayers Local #8 of Illinois and Employers Pension Plan et al v. Atco Masonry, LLC et al

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
BRICKLAYERS LOCAL #8 OF
ILLINOIS AND EMPLOYERS
PENSION PLAN, ET AL,
Plaintiffs,
vs.
ATCO MASONRY, LLC, ET AL,
Defendants.
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Case No. 3:25-CV-243-DWD
MEMORANDUM & ORDER
DUGAN, District Judge:
Plaintiffs filed this action on February 24, 2025, under the Employee Retirement
Income Security Act of 1974, 29 U.S.C. § 1001 et seq. (“ERISA”) 	and the Labor
Management Relations Act of 1947, 29 U.S.C. § 141 against Defendants, employers of
individual participants in the Plaintiffs’ fund, seeking to recover delinquent fringe benefit
contributions, late fees (referred to in the complaint as “liquidated damages”), and
attorney fees for failure to timely pay contributions to the funds pursuant to the collective
bargaining agreement. (Doc. 1).
Rule 55(a) requires entry of default when a party against whom a judgment for
affirmative relief is sought has failed to plead or otherwise defend and that failure is
shown by affidavit or otherwise. F ED. R. C IV. P. 55(a). The entry of a default “is merely a
formal matter and does not constitute entry of a judgment.” 10A Charles Alan Wright &
Arthur R. Miller, Federal Practice and Procedure § 2682 (3d ed. 2010). After default has been
established, the moving party must then seek entry of a default judgment. In re Catt,
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F.3d 789, 793 (7th Cir. 2004). Under Rule 55(b)(2), the court may enter a default judgment
if the amount at issue is not for a sum certain or if the defendant has appeared, but
subsequently defaulted. F ED. R. C IV. P. 55(b)(2). “Even when a default judgment is
warranted based on a party's failure to defend, the allegations in the complaint with
respect to the amount of the damages are not deemed true.” In re Catt, 368 F.3d 789, 793
(7th Cir. 2004). “The district court must instead conduct an inquiry in order to ascertain
the amount of damages with reasonable certainty” either through evidentiary hearing or
from “definite figures contained in the documentary evidence or in detailed affidavits.”
Id.
Summons was issued and the docket sheet reflects that the Defendants were
properly served with the complaint and summons on February 26, 2025. (Docs. 5, 6, 7).
Plaintiffs moved for entry of default on March 26, 2025 (Doc. 8), and the Clerk of Court
entered default that day (Doc. 12). Plaintiffs moved for a default judgment on March 26,
2025. (Doc. 9). As of today, a response to the motion has not been filed.
Plaintiffs submitted the relevant agreements and affidavit from the Union’s
President, Matt Braun, who also serves as a trustee of the Pension Plan. (Docs. 10-2, 10-3,
10-4). 	The 	agreements 	provide 	that 	Defendants 	are 	obligated 	to 	make 	monthly
contributions and submit monthly report forms. In the event the contributions are
delinquent, Defendants are subject to late fees and responsible for the costs incurred by
the Plaintiffs in collecting the contributions and late fees, including attorney fees and
court costs. (Doc. 10-2). The late contributions that have resulted in the interest and
liquidated damages Plaintiffs claim they are owed span from March of 2022 to February
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of 2024. Defendants entered the collective bargaining agreement with Plaintiffs that was
effective from 2020 to 2023. (Docs. 10-3, 10-4). Defendants did not execute the successor
agreement effective 2023 through 2026 but continued to make the contributions and
submit the reports required by the agreement. (Doc. 10-2). The Court finds that
Defendants are bound to the successor agreement because it has assented to the terms of
the successor agreement through its submission of contributions and reports as required
by the agreement. See Line Construction Benefit Fund v. Allied Electrical Contractors, Inc., 591
F.3d 576, 580-81 (7th Cir. 2010) (finding employer subject to successor collective
bargaining agreement where it continued to make contributions to the fund despite not
signing the successor agreement) (“[W]e have held repeatedly that conduct manifesting
assent creates an obligation[.]”); see also Shales v. Lanas Construction, Inc., No. 07-C-2970,
2009 WL 562607, *2 (N.D. Ill. Mar. 4, 2009) (“An obligation under a CBA is not dependent
upon the reduction to writing of the parties’ intention to be bound, rather all that is
required is conduct manifesting an intention to abide and be bound by the terms of an
agreement.”) (quoting Bricklayers Local 21 of Illinois Apprenticeship and Training Program v.
Banner Restoration, Inc., 385. F.3d 761, 766 (7th Cir. 2004)); Central States, Southeast and
Southwest Areas Pension Fund v. Event Productions, Inc., No. 21-C-5695, 2023 WL 3763543,
*6 (N.D. Ill. 2023) (finding allegations that defendant made pension fund contributions
under collective bargaining agreement demonstrated its assent to be bound by the
agreement).
Plaintiffs’ affidavit of the Union’s President submits an accounting of interest and
liquidated damages owed in the amount of $3,234.67 because of delinquent contributions
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made by Defendants in the subject months. (Doc. 10-2). Plaintiffs also submitted an
affidavit related to that accounting showing they have incurred $1,510.00 in attorney fees,
costs, and expenses. (Doc. 10-7). Because Defendants are in default, the Court finds that
judgment should be entered in Plaintiffs’ favor.
Accordingly, IT IS HEREBY ORDERED AND ADJUDGED that the Motion for
Default Judgment (Doc. 9) is GRANTED, and the Clerk of Court is DIRECTED to enter
judgment in favor of Plaintiff Bricklayers Local #8 of Illinois and Employers Pension Plan
against Defendants Atco Masonry, LLC, Bud Cooper, and Derek Cooper in the amount
of $3,234.67 for liquidated damages and interest along with $1,510.00 in attorney fees,
costs, and expenses.
IT IS FURTHER ORDERED AND ADJUDGED that the Court shall retain
jurisdiction over this matter to enforce the Default Judgment.
Because there are no claims remaining, this entire action is DISMISSED with
prejudice.
SO ORDERED.
Dated: January 22, 2026 	/s/ David W. Dugan
______________________________
DAVID W. DUGAN
United States District Judge
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