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Trustees of the Automobile Mechanics' Industry Welfare v. Pete Saviano's Automobile Repair

August 27, 2009

TRUSTEES OF THE AUTOMOBILE MECHANICS' INDUSTRY WELFARE AND PENSION FUNDS OF THE INTERNATIONAL ASSOCIATION OF MECHANICS AND AEROSPACE WORKERS AFL‐CIO, LOCAL 701, PLAINIFF,
v.
PETE SAVIANO'S AUTOMOBILE REPAIR, INC., DEFENDANT.



The opinion of the court was delivered by: Hon. Charles R. Norgle

PLAINTIFF'S MOTION FOR DEFAULT AND JUDGMENT ORDER IN A SUM CERTAIN AND FOR A TURN OVER ORDER

Plaintiff , the TRUSTEES OF THE AUTOMOBILE MECHANICS' INDUSTRY WELFARE AND PENSION FUNDS OF THE INTERNATIONAL ASSOCIATION OF MECHANICS AND AEROSPACE WORKERS AFL‐CIO, LOCAL 701, by and through their attorneys, ARNOLD and KADJAN and L. STEVEN PLATT, move as follows:

1. Defendant was served by personally on August 21, 2009.

2. Proof of service was filed with this court on August 27, 2009 and is attached hereto as Exh. A.

3. Defendant has failed to appear or otherwise plead.

4. Defendant owes the plaintiff funds $9,585.00 in pension and welfare funds as more fully set forth in the attached affidavit of Paul Neumann the Controller of the plaintiff funds and in the proposed draft judgment order. Exh. B.

5. In addition, the plaintiff funds are entitled to attorneys fees and costs under ERISA, 29 USC § 1132(g) but that amount is not yet fixed as this case is not yet concluded.

6. In addition, the plaintiff funds are entitled to a penalty of 20% on the unpaid fringe benefits due under 29 USC § 1132(g).

7. In addition, defendant has not yet submitted to a payroll fringe benefit audit as required by contract so that the funds can determine whether defendant owes additional money besides the amounts that the funds believe defendant owes.

WHEREFORE , plaintiffs ask for the following judgment order:

A. An order of judgment in favor of the plaintiff Pension fund and against the defendant Saviano in the amount of $2,799.50;

B. An order of judgment in favor of the plaintiff Welfare fund and against the defendant Saviano in the amount of $6,785.50;

C. An award of 20% in penalties against Saviano for those amounts totaling an additional $1,917.00;

D. An order directing defendant to pay the plaintiffs their costs and fees in an amount to be ...


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