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Charles E. anderson, Trustee On Behalf of Painters v. Paskotech Painting & Industrial Flooring Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION


December 10, 2010

CHARLES E. ANDERSON, TRUSTEE ON BEHALF OF PAINTERS' DISTRICT COUNCIL NO. 30 PENSION FUND, PAINTERS' DISTRICT COUNCIL NO. 30 HEALTH AND WELFARE FUND, AND NORTHERN ILLINOIS PAINTERS, DECORATORS AND DRYWALL FINISHERS JOINT APPRENTICESHIP AND TRAINING FUND; RICK VANDEGRAFT, TRUSTEE ON BEHALF OF THE NORTHERN ILLINOIS PAINTING AND DRYWALL INSTITUTE; AND THE DISTRICT COUNCIL NO. 30 OF THE INTERNATIONAL UNION OF PAINTERS AND ALLIEDTRADES, AFL-CIO, A LABOR ORGANIZATION,
PLAINTIFFS,
v.
PASKOTECH PAINTING & INDUSTRIAL FLOORING INC., A MICHIGAN CORPORATION, DEFENDANT.

The opinion of the court was delivered by: Magistrate Judge Brown

Judge Darrah

ORDER

WHEREAS, in its Memorandum Opinion and Order entered in this matter on December 1, 2010, this Court granted Plaintiffs' motion for summary judgment, found that Defendant owed Plaintiffs the total principal amount of $64,487.79 in delinquent benefit fund contributions, dues, and assessments, and awarded Plaintiffs interest on the delinquent contributions, the greater of interest or liquidated damages, and reasonable attorneys' fees and costs, pursuant to 29 U.S.C. § 1132(g)(2); and WHEREAS, the Court ordered Plaintiffs to submit a proposed order setting forth the total amounts owed by Plaintiffs consistent with its Memorandum Opinion and Order; and WHEREAS, Plaintiffs filed a Motion for Entry of Judgment substantiating the interest, liquidated damages, and reasonable attorneys' fees and costs owed by Defendants; and WHEREAS, this matter has come before the Court on Plaintiffs' motion after due notice to Defendant and opportunity to be heard; it is hereby ORDERED that JUDGMENT is entered in favor of Plaintiffs and against Defendant Paskotech Painting & Industrial Flooring, Inc. in the total amount of $109,437.56, consisting of (a) $64,487.79 in delinquent contributions to the Plaintiff benefit funds and dues and assessments to the Plaintiff Union; (b) $9,739.21 in total interest on the contributions to the Plaintiff benefit funds through December 31, 2010; (c) $11,357.33 in liquidated damages as provided by ERISA § 502(g)(2)(C)(ii); (d) $2,227.50 in audit costs; (e) $1,340.45 in taxable costs; (f) $340.73 in related non-taxable expenses; and (g) $21,285.00 in attorneys' fees, pursuant to 29 U.S.C. § 1132(g)(2).

ENTERED: UNITED STATES DISTRICT JUDGE

20101210

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