Central Illinois Carpenters Health & Welfare Trust Fund et al v. JE Peek Construction, Inc. et al

Filing 13

AMENDED OPINION entered by Judge Sue E. Myerscough on 11/8/2011. SEE WRITTEN AMENDED OPINION. Plaintiffs' Motion For Default Judgement (d/e 10) is GRANTED. This case is CLOSED. (DM, ilcd)

E-FILED

Wednesday, 09 November, 2011 09:31:12 AM
Clerk, U.S. District Court, ILCD

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
SPRINGFIELD DIVISION
CENTRAL ILLINOIS CARPENTERS
HEALTH & WELFARE TRUST FUND,
CARPENTERS RETIREMENT SAVINGS
FUND OF ILLINOIS, CARPENTERS
PENSION FUND OF ILLINOIS,
MID-CENTRAL ILLINOIS REGIONAL
COUNCIL OF CARPENTERS,
CARPENTERS LOCAL NO. 725, and
CARPENTERS LOCAL NO. 904,
Plaintiff,
v.
JE PEEK CONSTRUCTION, INC. and
JAMES E. PEEK,
Defendant.

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

No. 11-3169

AMENDED OPINION
SUE E. MYERSCOUGH, U.S. District Judge:
The Court now considers Plaintiffs’ Motion For Default Judgment
(Motion) (d/e 10) pursuant to Fed.R.Civ.P. 55. In support of the
Motion, Plaintiffs state as follows:
1. The Complaint in this matter was filed on June 17, 2011.
2. On June 22, 2011, the Defendants were duly served process
Page 1 of 3

with a copy of the Complaint.
3. The Defendants failed to timely file a responsive pleading.
4. United States Magistrate Judge Byron Cudmore entered an
Order of Default against Defendants on September 12, 2011.
In light of these facts, the Court finds that Plaintiffs are entitled to
the fees, costs, and damages listed in the Motion. Specifically, a default
judgment is awarded in favor of Plaintiffs and against Defendants as
follows:
A.

That Judgment is entered in favor of Plaintiffs, Central Illinois
Carpenters Health & Welfare Trust Fund et al., and against
the Defendants, JE Peek Construction, Inc. and James E.
Peek, jointly and severally, in the sum of the sum of
$2,302.88 (consisting of delinquent contributions of
$6,020.20, plus liquidated damages of $1,204.04, plus
reasonable attorney’s fees and costs of 1,487.25, minus a
credit of $6,408.61 for a payment received).

B.

That Judgment is entered in favor of Plaintiffs, Carpenters

Page 2 of 3

Pension Fund of Illinois et al., and against the Defendants, JE
Peek Construction, Inc. and James E. Peek, jointly and
severally, in the sum of the sum of $4,443.98 (consisting of
delinquent contributions of $8,983.72, plus liquidated
damages of $898.37, plus reasonable attorney’s fees and costs
of $1,552.75, minus a credit of $6,990.86 for a payment
received).
Plaintiffs’ Motion For Default Judgment (d/e 10) is GRANTED.
This case is CLOSED.
ENTER: November 8, 2011
FOR THE COURT:
s/ Sue E. Myerscough
SUE E. MYERSCOUGH
UNITED STATES DISTRICT JUDGE

Page 3 of 3