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Carpenters Fringe Benefit Funds of Illinois, et al v. Twins Drywall

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION


September 19, 2011

CARPENTERS FRINGE BENEFIT FUNDS OF ILLINOIS, ET AL., PLAINTIFFS,
v.
TWINS DRYWALL, INC., AN ILLINOIS CORPORATION, DEFENDANT.

The opinion of the court was delivered by: Judge Matthew F. Kennelly

AGREED JUDGMENT ORDER

THIS MATTER, coming on to be heard upon the Plaintiffs' Complaint, the Defendant's Answer, and the stipulation of the parties hereto;

The Court being fully advised in the premises FINDS:

1. This Court has jurisdiction of the subject matter herein and of the parties hereto.

2. Defendant is bound by the terms of the collective bargaining agreement or agreements referred to in Plaintiffs' Complaint, and by the terms and conditions of the Agreements and Declarations of Trust governing the Plaintiff Funds.

3. Pursuant to the collective bargaining agreement and Trust Agreements, Defendant is obligated to make its payroll records available to Plaintiff, for purposes of verifying the accuracy of past reporting and payment of contributions.

4. Based on a review of Defendant's payroll records for the period of October 1, 2008 through June 30, 2010, Defendant owes Plaintiffs contributions of $1,912.34, liquidated damages of $545.60, and audit costs of $777.60.

5. Pursuant to the Trust Agreements and ERISA, Plaintiffs are also entitled to recover from Defendant their the court costs and attorneys' fees, which total $1,447.50.

6. This Order does not limit or modify the right of Plaintiffs to audit the payroll books and records of Defendant at a future time in the course of their regular audit program, or Plaintiffs' right to recover from Defendant any contributions or liquidated damages which may be due for any time period not previously audited.

7. There is no just cause for delay in the entry of a judgment order in favor of Plaintiffs to recover unpaid contributions, liquidated damages, audit costs court costs and attorneys fees in the total amount of $4,683.04.

IT IS, THEREFORE ORDERED, ADJUDGED, AND DECREED:

A. That the Trustees of the Carpenters Fringe Benefit Funds of Illinois recover from Twins Drywall, Inc., $4,683.04.

B. That the Trustees of the Carpenters Fringe Benefit Funds of Illinois are further entitled to post-judgment interest, and their costs and attorneys' fees incurred in execution on the judgment.

The Court retains jurisdiction of this case and the parties thereto for the purpose of enforcing this order.

ENTERED:

The Honorable Matthew F. Kennelly

20110919

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