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Central Illinois Carpenters Health & Welfare Fund v. Central Illinois Construction

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


December 6, 2007

CENTRAL ILLINOIS CARPENTERS HEALTH & WELFARE FUND, CENTRAL ILLINOIS CARPENTERS RETIREMENT SAVINGS FUND, MID CENTRAL ILLINOIS REGIONAL COUNCIL OF CARPENTERS, MID CENTRAL ILLINOIS REGIONAL COUNCIL OF CARPENTERS JOINT APPRENTICESHIP AND TRAINING FUND, CARPENTERS FRINGE BENEFIT FUNDS & CARPENTERS LOCAL 183, PLAINTIFFS,
v.
CENTRAL ILLINOIS 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 10). The Court has reviewed the Motion and other pleadings. The Court finds that the Complaint has been duly filed and served upon Defendant, Central Illinois Construction, Inc., and that the Defendant has failed to answer or otherwise plead within the statutory time frame.

THEREFORE, Plaintiffs' Motion for Default Judgment (d/e 10) is ALLOWED. The Plaintiffs are hereby awarded default judgment against Defendant, Central Illinois Construction, Inc., as follows:

A. A judgment is awarded in favor of the Plaintiffs and against the Defendant for audit liability due of $34,889.66, which includes liability due of $25,948.06, the costs of the audit in the amount of $678.75, liquidated damages in the amount of $5,189.74, and interest of $3,073.11;

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 $2,895.61, as provided by ERISA, 29 U.S.C. § 1132(g)2); and

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

IT IS THEREFORE SO ORDERED.

ENTER: December 3, 2007

JEANNE E. SCOTT UNITED STATES DISTRICT JUDGE

20071206

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