Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Central Illinois Carpenters Health & Welfare Trust Fund v. Kaswell & Co.

June 23, 2010

CENTRAL ILLINOIS CARPENTERS HEALTH & WELFARE TRUST FUND, ET AL., PLAINTIFFS,
v.
KASWELL & CO., INC. AND NORMAN J. KASWELL, INDIVIDUALLY, DEFENDANTS.



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

OPINION

This matter is before the Court on Plaintiffs' Motion for Default Judgment as to Counts I and III of Plaintiffs' Complaint (d/e 22). In an Opinion (d/e 21), dated May 17, 2010, the Court entered default against Defendant Kaswell & Co., Inc. Plaintiffs now seek default judgment against Defendant Kaswell & Co., Inc. for sums certain. The record reveals that the request for default judgment was served on Defendant Kaswell & Co., Inc. on May 26, 2010, by U.S. Mail. Motion for Default Judgment, p. 6, Certificate of Service. Defendant Kaswell & Co., Inc. has, nevertheless, failed to respond. The Court, having reviewed the pending Motion and the record, finds that an award of default judgment against Defendant Kaswell & Co., Inc. is appropriate.

THEREFORE, Plaintiffs' Motion for Default Judgment as to Counts I and III of Plaintiffs' Complaint (d/e 22) is ALLOWED. Default judgment is entered in favor of Plaintiffs and against Defendant Kaswell & Co., Inc. as to Counts I and III of the Complaint (d/e 1) as follows:

A. Judgment is entered in favor of Plaintiffs Central Illinois Carpenters Health & Welfare Trust Fund, Carpenters Local Union No. 44 and Mid-Central Illinois Regional Council of Carpenters and against Defendant Kaswell & Co., Inc. as to Count I in the amount of $27,600.38. The judgment amount consists of delinquent contributions of $19,245.83, liquidated damages of $3,849.21, interest of $4,410.70, audit costs of $962.50, reasonable attorneys' fees and costs in the amount of $5,465.50 as provided by ERISA (29 U.S.C. § 1132(g)(2)) and a credit for $6,333.36, an amount which Plaintiffs represent is currently being held on account;

B. Judgment is entered in favor of Plaintiffs Carpenters Pension Fund of Illinois, Carpenters Retirement Savings Fund of Illinois, Carpenters Local Union No. 44 and Mid-Central Illinois Regional Council of Carpenters and against Defendant Kaswell & Co., Inc. as to Count III in the amount of $4,762.78. The judgment amount consists of delinquent contributions of $480.69, liquidated damages of $1,399.23, interest of $93.60, audit costs of $390.00, reasonable attorneys' fees and costs in the amount of $5,729.50 as provided by ERISA (29 U.S.C. § 1132(g)(2)), and a credit of $3,330.24 for amounts being held on account by Plaintiffs; and

C. Defendant Kaswell & Co., Inc. is specifically ordered to perform and continue to perform all their obligations to the Plaintiffs.

IT IS THEREFORE SO ORDERED.

JEANNE E. SCOTT UNITED STATES DISTRICT JUDGE

20100623

© 1992-2010 VersusLaw ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.