Central States, Southeast and Southwest Areas Pension Fund et al v. Southco Auto Parts, Inc.

Filing 10

MOTION by Plaintiffs Central States, Southeast and Southwest Areas Pension Fund, Howard McDougall for judgment order entry (Attachments: # 1 Affidavit, # 2 Affidavit, # 3 Text of Proposed Order)(Bogle, Edward)

Central States, Southeast and Southwest Areas Pension Fund et al v. Southco Auto Parts, Inc.

Doc. 10 Att. 3

Exhibit C

Dockets.Justia.com

IN THE UNITED STATES DISTRICT COURT
F O R THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, and HOWARD McDOUGALL, as Trustee, Plaintiffs,

v.
SOUTHCO AUTO PARTS, INC., a Missouri corporation, Defendant.

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

Case No. 1O-CV-5059 Judge Castillo Magistrate Judge Mason

JUDGMENT ORDER THIS MATTER comes to be heard on the Motion for Entry of Judgment brought by

Plaintiffs, Central States, Southeast and Southwest Areas Pension Fund, and Howard McDougall, as Trustee. The Court has jurisdiction over the parties and over this action for withdrawal liability principal, interest, and penalties pursuant to the Employee Retirement Income Security Act, 29 U.S.c. § 1001 , ef seq. Defendant, Southco Auto Parts, Inc., a Missouri corporation, has been duly served with process, has failed to timely appear, answer or otherwise plead to the complaint, and was previously found by the Court to be in default. See [Doc. 8]. The Court has reviewed Plaintiffs' Motion and supporting affidavits, and finds them to be adequate to support an order of judgment. The Court has been fully advised in the premises.
NOW, THEREFORE, IT IS HEREBY ORDERED AND ADJUDGED THAT:

(a) (b)

Plaintiffs' Motion for Entry of Judgment is GRANTED. Pursuant to 29 U.S.c. §§1451(b) and 1132(g)(2), Plaintiffs shall have and recover judgment from and against Defendant in the total amount of $422,830.24. This amount consists of: $344,695.47 in withdrawal liability principal; $6,786.18 in

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interest through September 15,2010; $68,939.09 in liquidated damages; $2,017.50 in attorneys' fees; and $392.00 in court costs. (c) Plaintiffs are awarded post-judgment interest at an annualized interest rate equal to 2% plus the prime interest rate established by JPMorgan Chase Bank, NA for the 15 th day of the month for which interest is charged, compounded annually. (d) Plaintiffs may proceed with collection of this Judgment.

ENTERED:

Honorable Ruben Castillo United States District Judge

Dated:

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