Central Laborers' Pension Fund et al v. J P Excavating & Trucking Inc, No. 3:2008cv03294 - Document 11 (C.D. Ill. 2009)
Court Description: OPINION re 10 Second Motion for Default Judgment filed by Plaintiffs. Judgment is entered in favor of the Plaintiffs and against the Defendant. See written Opinion. Entered by Judge Jeanne E. Scott on 9/23/09. (ME, ilcd)
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E-FILED Wednesday, 23 September, 2009 03:05:25 PM Clerk, U.S. District Court, ILCD IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF ILLINOIS SPRINGFIELD DIVISION CENTRAL LABORERS PENSION ) FUND, et al., ) ) Plaintiffs, ) ) v. ) ) J.P. EXCAVATING & ) TRUCKING, INC., ) ) Defendant. ) No. 08-3294 OPINION JEANNE E. SCOTT, U.S. District Judge: This cause coming on to be heard on Plaintiffs Second Motion for Default Judgment, and the Court having reviewed said Motion and other pleadings, and the Compliant having been duly filed and served upon the Defendant, J.P. Excavating & Trucking, Inc., and Defendant having failed to answer or otherwise plead within the statutory time frame, Plaintiffs are hereby awarded a default judgment against Defendant J.P. Excavating & Trucking, Inc. as follows: A. Judgment is entered in favor of the Plaintiffs and against the Defendant for contributions, liquidated damages and audit costs due and 1 owing for the period from October 1, 2006, through December 31, 2008, in the total amount of $1,446.38; B. Defendant is ordered to pay to the Plaintiffs their attorney fees in the amount of $3,119.82, as provided by the trust agreements and ERISA, 29 U.S. C. ยง 1132(g)(2); and C. Defendant is ordered to pay all costs attendant to the cost of these proceedings. IT IS THEREFORE SO ORDERED. ENTER: September 23, 2009 FOR THE COURT: s/ Jeanne E. Scott JEANNE E. SCOTT UNITED STATES DISTRICT JUDGE 2
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