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Trustees of NECA-IBEW Pension Benefit Trust Fund v. Purcell Electric Company

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


November 8, 2010

THE TRUSTEES OF NECA-IBEW PENSION BENEFIT TRUST FUND, ET AL., PLAINTIFFS,
v.
PURCELL ELECTRIC COMPANY, INC., DEFENDANT.

The opinion of the court was delivered by: Herndon, Chief Judge

MEMORANDUM & ORDER

On October 20, 2010, the Court entered an Order (Doc. 20) deferring ruling on Plaintiffs' Second Renewed Motion for Default Judgment (Doc. 18), and directing them to file a supplement to demonstrate Defendant's obligation under the New Payment Agreement to the Court's satisfaction. A timely Supplement (Doc. 21) has now been filed for the Court's consideration herein.

Specifically, Plaintiffs claim Defendant owes $24,393.68 in unpaid contributions for October 2009 through February 2010, $3,308.87 in interest and liquidated damages on late paid contributions for June 2009 through September 2009, and $5,016.66 in interest and liquidated damages on unpaid contributions for October 2009 through February 2010*fn1 (Doc. 19, p. 6, Ex. 1 - Amended Affidavit of Sarah Sanderson, ¶¶ 3, 5, 6). Plaintiffs also seek reimbursement in the amount of $8,816. 50 for attorneys' fees and $460.00 in costs (Id., Ex. 2 - Affidavit of Christopher Grant, ¶ 16).

In addition, Plaintiffs claim that pursuant to Defendant's obligations to timely pay benefit contributions per the New Payment Agreement, $59,908.10 in unpaid contributions are now due under the terms of the New Payment Agreement, as well as $49,935.27 in interest and liquidated damages on those contributions (Doc. 18, p. 8). As stated previously, the Court's October 20, 2010 Order (Doc. 20) found Defendant to be in default and also found all of Plaintiffs' claims to be properly substantiated except for the ones relating to the New Payment Agreement, as Plaintiffs had failed to attach it to either their Complaint or Motion for Default Judgment for the Court's verification. Because Plaintiffs, via their Supplement (Doc. 21), have now submitted the New Payment Agreement for the Court to review, it finds Plaintiff's monetary claims related thereto to be substantiated.

Accordingly, it hereby GRANTS Plaintiffs' Motion for Default Judgment (Doc. 18), awarding a judgment in default in favor of Plaintiffs and against defendant Purcell Electric Company, Inc., in the total amount of $151,839.08, plus post-judgment attorneys' fees and costs incurred in connection to this case until judgment is fully executed.

IT IS SO ORDERED.

David R. Herndon Chief Judge United States District Court


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