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Central Illinois Carpenters Health & Welfare Trust Fund v. J.M. O'Donnell Construction

IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF ILLINOIS SPRINGFIELD DIVISION


March 30, 2007

CENTRAL ILLINOIS CARPENTERS HEALTH & WELFARE TRUST FUND, MID-CENTRAL ILLINOIS DISTRICT COUNCIL OF CARPENTERS, MID-CENTRAL ILLINOIS DISTRICT COUNCIL OF CARPENTERS APPRENTICESHIP FUND, CENTRAL ILLINOIS CARPENTERS ANNUITY FUND, CARPENTERS FRINGE BENEFIT FUNDS, CARPENTERS LOCAL #183, CARPENTERS LOCAL #63, CARPENTERS LOCAL #16, CARPENTERS LOCAL # 644, CARPENTERS LOCAL #44, AND CARPENTERS LOCAL #904, PLAINTIFFS,
v.
J.M. O'DONNELL CONSTRUCTION, INC., DEFENDANT.

The opinion of the court was delivered by: Jeanne E. Scott, U.S. District Judge

OPINION

This matter comes before the Court on Plaintiffs' Motion for Default Judgment (d/e 7). The Court has reviewed the Motion and other pleadings, and finds that the Complaint (d/e 1) has been duly filed and served upon Defendant, J.M. O'DONNELL CONSTRUCTION, INC., the Defendant has failed to answer or otherwise plead within the statutory time frame, an Entry of Default (d/e 8) has been entered, and the Plaintiffs have submitted evidence to support the request for judgment.

THEREFORE, Plaintiffs' Motion for Default Judgment (d/e 7) is ALLOWED. A default judgment is hereby entered in favor of the Plaintiffs and against Defendant, J.M. O'DONNELL CONSTRUCTION, INC., as follows:

A. Judgment is entered in favor of Plaintiffs and against Defendant for liquidated damages and late fees of 20% the entire delinquency in the amount of $556.31; and further any additional months in which contributions, at the time of Judgment have not been remitted to the Fund.

B. Defendant is ordered to perform and continue to perform all its obligations to the Plaintiffs, particularly to furnish to the Plaintiffs all required contribution reports and payments.

C. Defendant is ordered to pay to the Plaintiffs, their attorney's fees in the amount of $2,589.08, as provided by 29 U.S.C. Section 1132(g)(2).

D. Defendant is ordered to pay all cost attendant to the cost of these proceedings.

IT IS THEREFORE SO ORDERED.

JEANNE E. SCOTT UNITED STATE DISTRICT JUDGE

20070330

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