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Central Laborers' Pension Fund v. J.P. Excavating & Trucking

September 23, 2009

CENTRAL LABORERS' PENSION FUND, ET AL., PLAINTIFFS,
v.
J.P. EXCAVATING & TRUCKING, INC., DEFENDANT.



The opinion of the court was delivered by: Jeanne E. Scott, U.S. District Judge

OPINION

This cause coming on to be heard on Plaintiffs' Second Motion for Default Judgment, and the Court having reviewed said Motion and other pleadings, and the Compliant having been duly filed and served upon the Defendant, J.P. Excavating & Trucking, Inc., and Defendant having failed to answer or otherwise plead within the statutory time frame, Plaintiffs are hereby awarded a default judgment against Defendant J.P. Excavating & Trucking, Inc. as follows:

A. Judgment is entered in favor of the Plaintiffs and against the Defendant for contributions, liquidated damages and audit costs due and owing for the period from October 1, 2006, through December 31, 2008, in the total amount of $1,446.38;

B. Defendant is ordered to pay to the Plaintiffs their attorney fees in the amount of $3,119.82, as provided by the trust agreements and ERISA, 29 U.S. C. § 1132(g)(2); and

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

IT IS THEREFORE SO ORDERED.

JEANNE E. SCOTT UNITED STATES DISTRICT JUDGE

20090923

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