TRUSTEES OF THE NATIONAL ELEVATOR INDUSTRY PENSION, HEALTH BENEFIT, EDUCATIONAL, ELEVATOR INDUSTRY WORK PRESERVATION FUNDS et al v. CENTURY ELEVATOR, INC. et al
Filing
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MEMORANDUM AND/OR OPINION THAT THE PLAINTIFFS' MOTION FOR DEFAULT JUDGMENT AND MOTION FOR ATTORNEY'S FEES AND COSTS (DOC. NO.4) IS GRANTED. DEFAULT JUDGMENT in favor of ELEVATOR CONSTRUCTORS ANNUITY AND 401(K) RETIREMENT PLAN, TRUSTEES OF T HE NATIONAL ELEVATOR INDUSTRY PENSION, HEALTH BENEFIT, EDUCATIONAL, ELEVATOR INDUSTRY WORK PRESERVATION FUNDS against CENTURY ELEVATOR, INC., JOHN M. POWERS IN THE AMOUNT OF $49,481.50; THE CLERK OF COURT IS DIRECTED TO MARK THIS CASE CLOSED.SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 10/11/2011. 10/11/2011 ENTERED AND COPIES E-MAILED (kk, )
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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
TRUSTEES OF THE NATIONAL
ELEVATOR INDUSTRY PENSION,
HEALTH BENEFIT, EDUCATIONAL,
ELEVATOR INDUSTRY WORK
PRESERVATION FUNDS, et al.
v.
CENTURY ELEVATOR, INC.,
et al.
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CIVIL ACTION
NO. 11-3792
ORDER
AND NOW, this 11th day of October 2011, upon
consideration of the plaintiffs’ Motion for Default Judgment and
Motion for Attorney’s Fees and Costs (Docket No. 4) and Response
to Court Request for Production of Documents (Docket No. 6), IT
IS HEREBY ORDERED that:
1.
The motions for default judgment and for
attorney’s fees and costs are GRANTED.
2.
DEFAULT JUDGMENT is entered in favor of the
plaintiffs and against the defendants, Century Elevator, Inc. and
John M. Powers, jointly and severally, in the amount of
$49,481.50, consisting of:
a. $35,212.89 in contributions owed for September
2010 and February through May 2011;
b. $4,112.57 in audit amounts due for January 1,
2007 to March 31, 2009;
c. $784.17 in interest on the audit amount;
d. $7,042.57 in liquidated damages;
e. $499.30 in interest;
f. $1,290.00 in attorney’s fees;
g. $540.00 in costs.
3.
The defendants are enjoined from violating the
terms of the plan documents and are required to report and pay
contributions as obligated in the collective bargaining agreement
and the governing plan documents.
4.
The Clerk of Court is directed to mark this case
as closed.
BY THE COURT:
/s/ Mary A. McLaughlin
MARY A. McLAUGHLIN, J.
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