United States District Court, S.D. Illinois
August 8, 2005.
EMPLOYERS & OPERATING ENGINEERS LOCAL 520 PENSION FUND, et al., Plaintiffs,
EAST SIDE PARTNERS, INC., Defendant.
The opinion of the court was delivered by: MICHAEL J. REAGAN, District Judge
MEMORANDUM and ORDER
In this action, Plaintiffs ("the Funds") seek to collect
delinquent fringe benefit contributions pursuant to Section 301
of the Labor Management Relations Act of 1947 ("LMRA"), as
amended, 29 U.S.C. § 185, and pursuant to Section 502 of the
Employee Retirement Income Security Act of 1974 ("ERISA"), as
amended, 29 U.S.C. § 1132. Served on November 7, 2004,
Defendant East Side Partners failed to answer or otherwise appear herein.
In January 2005, the Funds moved for default judgment under
FEDERAL RULE OF CIVIL PROCEDURE 55(b)(2). That motion was
referred to Magistrate Judge Frazier until April 1, 2005, when it
was determined that the motion should be ruled on by the
undersigned District Judge. On April 6, 2005, this Judge
construed the motion as one seeking (a) a Clerk's entry of
default under FEDERAL RULE OF CIVIL PROCEDURE 55(a) and (b) an
Order compelling an accounting. That motion was granted (see
Doc. 8). The Clerk made an entry of default the following day (Doc. 9).
Now before the Court are the Funds' August 2, 2005 motion for
default judgment and the supporting memorandum, affidavits, and
other materials (Docs. 11, 12, and attachments). Defendant East Side Partners neither answered nor appeared, and
the Clerk of Court properly entered default against East Side
Partners. The Funds' pleadings and supporting documents establish
that, for the period of January 1, 2001 through July 31, 2004,
East Side Partners owed delinquent contributions of $120,065.12,
liquidated damages of $12,006.51, accounting fees of $525.00, and
legal fees/costs of $899.40 (a total of $133,496.03).
Accordingly, the undersigned Judge GRANTS the Funds' August
2, 2005 motion (Doc. 11) and DIRECTS the Clerk of Court to
ENTER JUDGMENT in favor of Plaintiffs/Funds and against
Defendant East Side Partners in the total amount of $133,496.03.
IT IS SO ORDERED.
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