United States District Court, S.D. Illinois
May 11, 2005.
IRON WORKERS OF ST. LOUIS DISTRICT COUNCIL ANNUITY, et al., Plaintiffs,
AMERICAN IRONWORKS, INC., Defendant.
The opinion of the court was delivered by: J. PHIL GILBERT, District Judge
This matter comes before the Court on Plaintiffs' motion for
relief from judgment (Doc. 46); and motions for the entry of
default against Defendants Kim Reznik (Doc. 53) and United
Ironworks. (Doc. 54). Let's consider the motion for relief from
judgment first. The Court notes that, just over a year ago, a
partial final judgment was entered against Defendant American
Ironworks in the principal amount of $63,839.14, though
Plaintiffs since discovered that the amount awarded in that
judgment was miscalculated. According to their current
calculations, the correct amount should've been $38,619.92.
Acknowledging this motion was made outside the time limits
prescribed by FED. R. CIV. P. 59(b), the Court finds it to be in
the interests of justice to GRANT Plaintiff's motion,
particularly where the requested amendment works to American
Ironworks's benefit, not prejudice. Therefore,
1. Plaintiffs' motion for relief from judgment (Doc. 46) is
GRANTED and the Court's May 5, 2004 Order (Doc. 31) is
AMENDED as provided in the next paragraph.
2. Damages are awarded in favor of Plaintiffs and against
American Ironworks as follows:
Delinquent contributions $31,144.38
Liquidated damages 3,114.44
Attorneys fees and costs:
Bartley Goffstein $2,538.60
Blumenfeld, Kaplan & Sandweiss 1,822.50 4,361.10
3. The Court's May 5, 2004 partial final judgment (Doc. 34) is
Next we turn to Plaintiffs motion for entry of default against
Defendants Kim Reznik (Doc. 53) and United Ironworks. (Doc. 54).
Both are DENIED, as the summons on which they depend wasn't
"signed by the clerk, [nor did it] bear the seal of the court."
FED. R. CIV. P. 4(a).
IT IS SO ORDERED.
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