IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
January 10, 2007
TRUSTEES OF CENTRAL LABORERS' PENSION, WELFARE & ANNUITY FUNDS, PLAINTIFF,
FRANK MICHAEL MCREE, INDIVIDUALLY AND D/B/A M&M EXCAVATING, F/K/A MCCREE EXCAVATING AND CLEARING, INC., DEFENDANT.
The opinion of the court was delivered by: Murphy, Chief District Judge
On October 11, 2006, Plaintiff filed a complaint pursuant to Sections 502 and 515 of the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1132, 1145, seeking to collect delinquent health and welfare benefit contributions from Defendant (see Doc. 2). Defendant was personally served on October 16, 2006 (see Doc. 4). When he failed to answer or otherwise appear, the Clerk found him to be in default on December 6, 2006 (see Doc. 6). Plaintiff has now moved for a default judgment.
The motion for default judgment (Doc. 7) is GRANTED. Judgment shall be entered in favor of Plaintiff, Trustees of Central Laborers' Pension, Welfare & Annuity Funds, and against Defendant, Frank Michael McCree, individually and d/b/a M & M Excavating f/k/a McCree Excavating and Clearing, Inc., in the amount of One Thousand Two Hundred Seventy Dollars and Twenty Seven Cents ($1,270.27), plus Six Hundred Sixty Eight Dollars ($668.00) in attorney's fees and court costs, for a total judgment of One Thousand Nine Hundred Thirty Eight Dollars and Twenty Seven Cents ($1,938.27).
IT IS SO ORDERED.
G. PATRICK MURPHY Chief United States District Judge
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