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Central Illinois Carpenters Health & Welfare Trust Fund; Carpenters v. Cedar Creek Carpentry

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF ILLINOIS SPRINGFIELD DIVISION


December 6, 2011

CENTRAL ILLINOIS CARPENTERS HEALTH & WELFARE TRUST FUND; CARPENTERS PENSION FUND OF ILLINOIS; CARPENTERS RETIREMENT SAVINGS FUND OF ILLINOIS; CENTRAL ILLINOIS CARPENTERS RETIREMENT SAVINGS FUND; MID-CENTRAL ILLINOIS REGIONAL COUNCIL OF CARPENTERS -- JOINT APPRENTICESHIP & TRAINING COMMITTEE; WEST CENTRAL ILLINOIS BUILDING & CONSTRUCTION TRADES COUNCIL; MID-CENTRAL ILLINOIS REGIONAL COUNCIL OF CARPENTERS; MID-CENTRAL MILLWRIGHT CONTRACTORS ASSOCIATION; CARPENTERS INTERNATIONAL TRAINING FUND; CARPENTERS LABOR MANAGEMENT EDUCATION & DEVELOPMENT FUND; MID-CENTRAL ILLINOIS REGIONAL COUNCIL OF CARPENTERS PROMOTIONAL FUND; MID-CENTRAL ILLINOIS CARPENTERS JOINT LABOR MANAGEMENT SUBSTANCE ABUSE TESTING AND ASSISTANCE FUND; TRI-COUNTY LABOR MANAGEMENT COUNCIL; CHICAGO REGIONAL COUNCIL APPRENTICE TRAINING PROGRAM; UNITED BROTHERHOOD OF CARPENTERS NATIONAL APPRENTICESHIP & SAFETY FUND; NORTHWEST ILLINOIS BUILDING TRADES; CONSTRUCTION INDUSTRY ADVANCEMENT FUND; CARPENTERS WORKING DUES; CARPENTERS LOCAL UNION NO. 183; CARPENTERS LOCAL UNION NO. 558; CARPENTERS LOCAL UNION NO. 687; CARPENTERS LOCAL UNION NO. 790; CARPENTERS LOCAL UNION NO. 916; CARPENTERS LOCAL UNION NO. 2087, PLAINTIFFS,
v.
CEDAR CREEK CARPENTRY, INC., DEFENDANTS.

The opinion of the court was delivered by: Sue E. Myersc0ugh, U.S. District Judge:

E-FILED

Tuesday, 06 December, 2011 11:17:33 AM Clerk, U.S. District Court, ILCD

OPINION

The Court now considers Plaintiffs' Motion For Default Judgment (Motion) (d/e 9) pursuant to Fed.R.Civ.P. 55. In support of its motion, Plaintiff states as follows:

1. The Complaint in this matter was filed on July 11, 2011.

2. On August 29, 2011, Defendant was duly served with the Complaint and Summons.

3. The Defendant has failed to timely file a responsive pleading.

4. An Order of Default against Cedar Creek Carpentry, Inc., was entered on October 19, 2011.

In light of these facts, the Court finds that Plaintiffs are entitled to the fees, costs, and damages listed in the Motion. Therefore:

A. Plaintiff's Motion for Default Judgment (d/e 9) is GRANTED;

B. Judgment is entered in favor of Plaintiff, CENTRAL ILLINOIS CARPENTERS HEALTH & WELFARE TRUST FUND and the other Count I Plaintiffs and against the Defendant, CEDAR CREEK CARPENTRY, INC., in the sum of $45,431.75 (consisting of delinquent contributions of $38,921.36, plus liquidated damages of $7,784.39, plus interest of $3,646.19, plus audit costs of $1,485.81, plus reasonable attorneys' fees and costs of $2,094.00, minus a credit of $8,500.00 for payments received or collected); and

C. Judgment is entered in favor of Plaintiffs, CARPENTERS PENSION FUND OF ILLINOIS and CARPENTERS RETIREMENT SAVINGS FUND OF ILLINOIS, and the other Count II Plaintiffs and against the Defendant, CEDAR CREEK CARPENTRY, INC., in the sum of $31,013.85 (consisting of delinquent contributions of $53,346.12, plus liquidated damages of $5,334.61, plus interest of $3,150.54, plus additional interest of $1,672.62, plus audit costs of $991.65, plus reasonable attorneys' fees and costs of $2,191.00, minus a credit of $35,672.69 for payments received or collected).

FOR THE COURT: SUE E. MYERSCOUGH UNITED STATES DISTRICT JUDGE

20111206

© 1992-2011 VersusLaw Inc.



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