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14-6507 - Trustees of the Chicago Painters and Decorators Pension Fund et al v. John Kny Painting & Decorating, Inc. et al


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14-6507 - Trustees of the Chicago Painters and Decorators Pension Fund et al v. John Kny Painting & Decorating, Inc. et al
February 3, 2016
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MEMORANDUM OPINION AND ORDER signed by the Honorable Matthew F. Kennelly on 2/3/2016: For the reasons stated in the accompanying Memorandum Opinion and Order, the Court denies both plaintiffs' motion for summary judgment [dkt. no. 62] and defendants' motion for summary judgment [dkt. nos. 69]. A status hearing is set for February 10, 2016 at 9:00 a.m. (mk)
May 23, 2016
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MEMORANDUM Opinion and Order written by the Honorable Matthew F. Kennelly on 5/23/2016: For the foregoing reasons, the Court directs the Clerk to enter judgment in favor of plaintiffs and against defendants John Kny Painting & Decorating, Inc. and Fine Finishes & Restoration, Inc. on count 1 of plaintiffs' amended complaint (alter ego), and in favor of defendant John H. Kny and against plaintiffs on count 2 of the amended complaint (piercing the corporate veil). See dkt. no. 49-5 (amended complaint). In a joint stipulation submitted to the Court, the parties agreed to the following: Plaintiffs and Defendants, therefore, stipulate that, in the event of a legal determination that Fine Finishes & Restoration had an obligation to contribute to the Plaintiff Funds under the Painters District Council #14 collective bargaining agreement and ERISA, that Plaintiffs' damages throughout the audit period would be the amount determined by Plaintiffs' auditor... less the findings for John Bokena, or $3,126,133.66. The Court has so found. On Count 1, the Court awards plaintiffs damages against John Kny Painting & Decorating, Inc. and Fine Finishes & Restoration, Inc., jointly and severally, in the amount of $3,126,133.66. (pjg, )