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Central Laborers' Pension, Welfare and Annuity Funds v. Atlas Paving & Excavating

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


April 11, 2008

CENTRAL LABORERS' PENSION, WELFARE AND ANNUITY FUNDS, PLAINTIFFS,
v.
ATLAS PAVING & EXCAVATING, INC., ATLAS BUILDING COMPONENTS, HIGGINS CONSTRUCTION, ROBERT HIGGINS, AND LISA HIGGINS, DEFENDANTS.

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

ORDER DIRECTING ENTRY OF JUDGMENT

Plaintiffs ("the Funds") have secured clerk's entries of default as to all five named Defendants and obtained default judgment as to all five Defendants -- each of whom failed to respond to the complaint and failed to respond to a notice of impending entry of default judgment (see Docs. 10, 13, 21 & 31). The Funds have timely supplied updated damages information as directed by the undersigned Judge on April 8, 2008, so the Clerk of Court may now enter judgment.

Pursuant to the April 8th Order and Federal Rule of Civil Procedure 55(b), the undersigned Judge hereby DIRECTS the Clerk of Court to ENTER JUDGMENT in favor of Plaintiffs and against Defendants Atlas Paving & Excavating, Inc., Atlas Building Components, Higgins Construction, Robert Higgins (individually), and Lisa Higgins (individually) in the total amount of $38,551.89.

The components of that total are delineated as follows:

Delinquent Contributions:

$9,465.99 Liquidated Damages: $1,042.59

Alter Ego Liability: $24,437.73

Attorney Fees and Costs: $3,613.88

Report Form Overpayment (credit): - $8.30

Grand Total of Damages: $38,551.89

Defendants are ORDERED to produce their payroll records and books to the Funds no later than May 15, 2008, so an audit may be conducted to determine if any additional amounts are owed to the Funds by Defendants. The Court RETAINS JURISDICTION to enforce the terms of this Order and corresponding judgment.

IT IS SO ORDERED.

MICHAEL J. REAGAN United States District Judge

20080411

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