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Poole v. Mehlville Chrysler

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


April 8, 2008

ROGER POOLE, ET AL. PLAINTIFFS,
v.
MEHLVILLE CHRYSLER, INC., D/B/A METRO CHRYSLER CENTER, DEFENDANTS.

The opinion of the court was delivered by: Stiehl, District Judge

ORDER

Before the Court is plaintiffs' motion to amend the Rule 58 judgment in this case which was entered on March 31, 2008 (Doc. 37). No response has been filed to this motion.

Upon review of the record, the Court FINDS that its Memorandum and Order granting plaintiffs' motion for summary judgment (See Doc. 35) inadvertently omitted an award of liquidated damages for the delinquent contributions made to the Welfare Trust in March and April of 2007. Accordingly, the Court GRANTS plaintiffs' motion to amend the Rule 58 judgment. The Court VACATES and SETS ASIDE the judgment entered in this case (Doc. 36). The Court sua sponte amends its Memorandum and Order of March 31, 2008, nunc pro tunc as follows:

Therefore, the Court GRANTS plaintiffs' motion for summary judgment. The Court ENTERS judgment in favor of the plaintiffs Roger Poole, Tony Rippeto, Kenneth Ramsey, Chris Adelmann, and James Kelly, and against defendant, Mehlville Chrysler, Inc., d/b/a Metro Chrysler Center.

The Court AWARDS Roger Poole, Tony Rippeto, Kenneth Ramsey, Chris Adelmann, and James Kelly (collectively "Pension Trustees"), in their capacity as the members of the Joint Board of Trustees for the Pension Trust, $54,659.50 in compensatory damages, and $10,931.90 in liquidated damages.

The Court FURTHER AWARDS Roger Poole, Tony Rippeto, Kenneth Ramsey, Chris Adelmann, and James Kelly (collectively "Welfare Trustees"), in their capacity as the members of the Joint Board of Trustees for the Welfare Trust, $24,480.00 in compensatory damages, and $14,688.00 in liquidated damages on this claim.

The Court FURTHER AWARDS plaintiffs Roger Poole, Tony Rippeto, Kenneth Ramsey, Chris Adelmann, and James Kelly $5,633.50 in attorney fees.

The Court DIRECTS plaintiffs to file a Bill of Costs with the Clerk of the Court within twenty (20) days of the date of this Order.*fn1

The Clerk of the Court is DIRECTED to enter judgment accordingly.

IT IS SO ORDERED.

WILLIAM D. STIEHL District Judge


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