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Iron Workers' Mid-America Pension Plan v. Trachs Contracting

September 22, 2008

IRON WORKERS' MID-AMERICA PENSION PLAN, ET AL., PLAINTIFFS,
v.
TRACHS CONTRACTING, LLC, A COLORADO LIMITED LIABILITY COMPANY, DEFENDANT.



The opinion of the court was delivered by: Judge Ronald A. Guzman

JUDGMENT ORDER

This matter coming on to be heard upon the Motion of Plaintiffs, by their counsel, it appearing to the Court that the Defendant, TRACHS CONTRACTING, LLC, a Colorado limited liability company, having been regularly served with process and having failed to appear, plead or otherwise defend, and default of said Defendant having been taken, the Court, first being fully advised in the premises and upon further evidence submitted herewith, FINDS:

1. It has jurisdiction of the subject matter herein and of the parties hereto.

2. The Defendant is bound by the terms of the collective bargaining agreement or agreements referred to in the Complaint of Plaintiffs.

3. The Defendant is obligated to make contributions to each of the Plaintiff Funds in accordance with collective bargaining agreement.

4. The Defendant is bound by all the terms and conditions set forth in the Agreements and Declarations of Trust governing the Plaintiff Funds.

5. Defendant has submitted its monthly contribution report to the Plaintiffs indicating all employees of the Defendant covered by the collective bargaining agreement referred to in the Complaint and the number of hours worked or paid for pursuant to the terms of the collective bargaining agreement referred to herein, for the month of January 2008.

6. Said monthly contribution reports establish that there is due and owing, for the period in question, to Plaintiffs the contributions set forth below:

 Contributions Mid-America Pension$2,097.50 Mid-America Supplemental Monthly Annuity (SMA)$3,199.65 Tri-State Welfare$3,414.73

7. Pursuant to the Trust Agreements a liquidated damages surcharge has been assessed against the Defendant in the amount of 1.5% percent per month, since February 2008, in the amounts set forth below:

 Liquidated Damages Mid-America Pension$220.22 Mid-America Supplemental Monthly Annuity (SMA)$336.00 Tri-State Welfare$358.54

8. Plaintiffs are entitled to make an audit of the payroll books and records of Defendant to verify the accuracy of the monthly reports referred to herein and covered by the reports submitted to Plaintiffs, and to determine what additional amounts are due and owing to Plaintiffs.

9. Defendant has failed to timely make all contributions required to be made to the Plaintiff Funds, as provided in the Agreements and Declarations of Trust governing the ...


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