Central Illinois Carpenters Health & Welfare Trust Fund et al v. Carpenters Local Union No 44 et al

Filing 24

OPINION entered by Judge Jeanne E. Scott on 06/23/2010. SEE WRITTEN OPINION. Plaintiffs' Motion for Default Judgment as to Counts I and III of Plaintiffs' Complaint (d/e 22) is ALLOWED. Default judgment is entered in favor of Plaintiffs and against Defendant Kaswell & Co., Inc. as to Counts I and III of the Complaint (d/e 1). (DM, ilcd)

IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF ILLINOIS SPRINGFIELD DIVISION CENTRAL ILLINOIS CARPENTERS ) HEALTH & WELFARE TRUST ) FUND, et al., ) ) Plaintiffs, ) ) v. ) ) KASWELL & CO., INC. and ) NORMAN J. KASWELL, individually, ) ) Defendants. ) OPINION JEANNE E. SCOTT, U.S. District Judge:

Wednesday, 23 June, 2010 01:23:30 PM Clerk, U.S. District Court, ILCD

E-FILED

No. 09-3169

This matter is before the Court on Plaintiffs' Motion for Default Judgment as to Counts I and III of Plaintiffs' Complaint (d/e 22). In an Opinion (d/e 21), dated May 17, 2010, the Court entered default against Defendant Kaswell & Co., Inc. Plaintiffs now seek default judgment against Defendant Kaswell & Co., Inc. for sums certain. The record reveals that the request for default judgment was served on Defendant Kaswell & Co., Inc. on May 26, 2010, by U.S. Mail. Motion for Default Judgment, p. 6, Certificate of Service. Defendant Kaswell & Co., Inc. has, nevertheless,

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failed to respond. The Court, having reviewed the pending Motion and the record, finds that an award of default judgment against Defendant Kaswell & Co., Inc. is appropriate. THEREFORE, Plaintiffs' Motion for Default Judgment as to Counts I and III of Plaintiffs' Complaint (d/e 22) is ALLOWED. Default judgment is entered in favor of Plaintiffs and against Defendant Kaswell & Co., Inc. as to Counts I and III of the Complaint (d/e 1) as follows: A. Judgment is entered in favor of Plaintiffs Central Illinois

Carpenters Health & Welfare Trust Fund, Carpenters Local Union No. 44 and Mid-Central Illinois Regional Council of Carpenters and against Defendant Kaswell & Co., Inc. as to Count I in the amount of $27,600.38. The judgment amount consists of delinquent contributions of $19,245.83, liquidated damages of $3,849.21, interest of $4,410.70, audit costs of $962.50, reasonable attorneys' fees and costs in the amount of $5,465.50 as provided by ERISA (29 U.S.C. § 1132(g)(2)) and a credit for $6,333.36, an amount which Plaintiffs represent is currently being held on account; B. Judgment is entered in favor of Plaintiffs Carpenters Pension

Fund of Illinois, Carpenters Retirement Savings Fund of Illinois, Carpenters Local Union No. 44 and Mid-Central Illinois Regional Council of
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Carpenters and against Defendant Kaswell & Co., Inc. as to Count III in the amount of $4,762.78. The judgment amount consists of delinquent

contributions of $480.69, liquidated damages of $1,399.23, interest of $93.60, audit costs of $390.00, reasonable attorneys' fees and costs in the amount of $5,729.50 as provided by ERISA (29 U.S.C. § 1132(g)(2)), and a credit of $3,330.24 for amounts being held on account by Plaintiffs; and C. Defendant Kaswell & Co., Inc. is specifically ordered to perform

and continue to perform all their obligations to the Plaintiffs. IT IS THEREFORE SO ORDERED. ENTER: June 23, 2010 FOR THE COURT: s/ Jeanne E. Scott JEANNE E. SCOTT UNITED STATES DISTRICT JUDGE

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