Central Illinois Carpenters Health & Welfare Trust Fund et al v. JE Peek Construction, Inc. et al, No. 3:2011cv03169 - Document 13 (C.D. Ill. 2011)
Court Description: AMENDED OPINION entered by Judge Sue E. Myerscough on 11/8/2011. SEE WRITTEN AMENDED OPINION. Plaintiffs' Motion For Default Judgement (d/e 10) is GRANTED. This case is CLOSED. (DM, ilcd)
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E-FILED Wednesday, 09 November, 2011 09:31:12 AM Clerk, U.S. District Court, ILCD UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF ILLINOIS SPRINGFIELD DIVISION CENTRAL ILLINOIS CARPENTERS HEALTH & WELFARE TRUST FUND, CARPENTERS RETIREMENT SAVINGS FUND OF ILLINOIS, CARPENTERS PENSION FUND OF ILLINOIS, MID-CENTRAL ILLINOIS REGIONAL COUNCIL OF CARPENTERS, CARPENTERS LOCAL NO. 725, and CARPENTERS LOCAL NO. 904, Plaintiff, v. JE PEEK CONSTRUCTION, INC. and JAMES E. PEEK, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. 11-3169 AMENDED OPINION SUE E. MYERSCOUGH, U.S. District Judge: The Court now considers Plaintiffs Motion For Default Judgment (Motion) (d/e 10) pursuant to Fed.R.Civ.P. 55. In support of the Motion, Plaintiffs state as follows: 1. The Complaint in this matter was filed on June 17, 2011. 2. On June 22, 2011, the Defendants were duly served process Page 1 of 3 with a copy of the Complaint. 3. The Defendants failed to timely file a responsive pleading. 4. United States Magistrate Judge Byron Cudmore entered an Order of Default against Defendants on September 12, 2011. In light of these facts, the Court finds that Plaintiffs are entitled to the fees, costs, and damages listed in the Motion. Specifically, a default judgment is awarded in favor of Plaintiffs and against Defendants as follows: A. That Judgment is entered in favor of Plaintiffs, Central Illinois Carpenters Health & Welfare Trust Fund et al., and against the Defendants, JE Peek Construction, Inc. and James E. Peek, jointly and severally, in the sum of the sum of $2,302.88 (consisting of delinquent contributions of $6,020.20, plus liquidated damages of $1,204.04, plus reasonable attorney s fees and costs of 1,487.25, minus a credit of $6,408.61 for a payment received). B. That Judgment is entered in favor of Plaintiffs, Carpenters Page 2 of 3 Pension Fund of Illinois et al., and against the Defendants, JE Peek Construction, Inc. and James E. Peek, jointly and severally, in the sum of the sum of $4,443.98 (consisting of delinquent contributions of $8,983.72, plus liquidated damages of $898.37, plus reasonable attorney s fees and costs of $1,552.75, minus a credit of $6,990.86 for a payment received). Plaintiffs Motion For Default Judgment (d/e 10) is GRANTED. This case is CLOSED. ENTER: November 8, 2011 FOR THE COURT: s/ Sue E. Myerscough SUE E. MYERSCOUGH UNITED STATES DISTRICT JUDGE Page 3 of 3
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