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Central States, Southeast and Southwest Areas Pension Fund v. Wingra Stone Co.

United States District Court, Seventh Circuit

May 3, 2013

CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND; and ARTHUR H. BUNTE, JR., as Trustee, Plaintiffs,
v.
WINGRA STONE COMPANY, a Wisconsin corporation, Defendant.

Anthony E. Napoli, Rosemont, Attorney for Central States, Southeast and Southwest Areas Pension Fund

Robert S. Driscoll, Milwaukee, Wisconsin, Attorney for Defendant, Reinhart Boerner Van Deuren s.c..

PARTIES' AGREED MOTION FOR ENTRY OF JUDGMENT FOR ATTORNEYS' FEES AND COSTS

, District Judge.

Plaintiffs, Central States, Southeast and Southwest Areas Pension Fund and Arthur H. Bunte, Jr., as trustee, by and through their undersigned counsel, hereby move the Court to enter a judgment for attorneys' fees and costs in favor of Plaintiffs and against Defendant Wingra Stone Company. In support of thereof, Plaintiffs state as follows:

1. On February 26, 2013, the Court entered final judgment in favor of Plaintiffs and against Defendant Wingra Stone Company in the amount of $90, 061.87, plus an award of attorneys' fees and costs pursuant to 29 U.S.C. §1132(g)(2)(D).

2. Pursuant to Local Rules 54.1 and 54.3, the parties have consulted on the reasonableness of the attorneys' fees and costs sought by Plaintiffs.

3. Plaintiffs and Defendant have agreed to the entry of a judgment for attorneys' fees and costs against Defendant and in favor of Plaintiffs.

4. A copy of the proposed Judgment For Attorneys' Fees and Costs is attached hereto as Exhibit 1 for the Court's review, and will also be submitted electronically to the Court's e-mail address for proposed orders.

WHEREFORE, Plaintiffs respectfully request that the Court enter the Consent Judgment attached hereto as Exhibit 1.

EXHIBIT 1

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

JUDGMENT FOR ATTORNEYS' FEES AND COSTS

On February 26, 2013, the Court entered final judgment in favor of Plaintiffs and against Defendant Wingra Stone Company in the amount of $90, 061.87, plus an award of attorneys' fees and costs pursuant to 29 U.S.C. §1132(g)(2)(D). Pursuant to Local Rules 54.1 and 54.3, the parties have consulted on the reasonableness of the attorneys' fees and costs sought by Plaintiffs.

NOW, THEREFORE, the Court being fully advised in the premises HEREBY FINDS AS FOLLOWS:

1. Pursuant to 29 U.S.C. §1132(g)(2)(D), the following attorneys' fees are found to be reasonable in amount and based upon reasonable rates of billing, and are therefore awarded:

2. Non-taxable costs are reasonable, and are therefore awarded in the amount of $1, 038.06.

3. Taxable costs are reasonable, and are therefore awarded in the amount of $2, 258.45.

IT IS HEREBY ORDERED THAT:

A. Pursuant to Rule 54 of the F.R.Civ.P. and 29 U.S.C. §1132(g)(2), an additional judgment is entered in favor of the Plaintiffs and against the Defendant for attorneys' fees in the amount of $93, 600.50, non-taxable costs in the amount of $1, 038.06, and taxable costs in the amount of $2, 258.45, making the judgment $96, 897.01.

B. Plaintiffs are further awarded post-judgment interest on this amount at the rate specified in the Pension Fund Trust Agreement, the greater of (a) an annualized interest rate equal to two percent (2%) plus the prime interest rate established by JPMorgan Chase Bank, NA for the fifteenth (15th) day of the month for which the interest is charged, or (b) an annualized interest rate of seven and one-half percent (7.5%), compounded annually.

C. Pursuant to Local Rule 54.3(c), the entry of this order does not affect the right to appeal the fee order resulting from the parties' agreement or the right to seek modification of the agreed award in the event the underlying judgment is reversed or modified by subsequent judicial proceedings or settlement.

D. Plaintiffs are awarded execution for the collection of the judgment and costs granted.


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