Central Laborers' Pension, Welfare and Annuity Funds v. Stormer Excavating, Inc. et al, No. 3:2007cv00663 - Document 37 (S.D. Ill. 2008)
Court Description: MEMORANDUM AND OPINION, granting 35 MOTION for Extension of Time filed by Central Laborers' Pension, Welfare and Annuity Funds. Signed by Judge J. Phil Gilbert on 10/7/08. (dka, )
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UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS CENTRAL LABORERS PENSION, WELFARE AND ANNUITY FUNDS , Plaintiffs, Case No. 07-cv-663-JPG v. STORMER EXCAVATING, INC. and TIM STORMER, individually, Defendants. MEMORANDUM AND ORDER This matter comes before the Court on Plaintiffs s Motion for Extension of Time to Submit a Supplement to the Motion for Default Judgment (Doc. 35). Plaintiffs have submitted evidence that Defendants were dilatory in turning over all records needed to complete the audit necessary for Plaintiffs to finally determine the amount of delinquent contributions and liquidated damages owed by Defendants. Therefore, the Court will grant the instant motion. However, the Court notes that this is Plaintiffs s fifth such motion for extension of time. As Plaintiffs have indicated that they now have all the documentation necessary to complete the audit, the Court WARNS Plaintiffs that no further extensions will be granted. The Court GRANTS the Motion (Doc. 35). Plaintiffs shall have until November 28, 2008, to file a Supplement to the Motion for Default Judgment. In the absence of a supplement, the Court will enter judgment for Plaintiffs in the amount certain contained in the Motion for Default Judgment (Doc. 8). IT IS SO ORDERED. DATED: October 7, 2008 s/ J. Phil Gilbert J. PHIL GILBERT DISTRICT JUDGE
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