Central States, Southeast and Southwest Areas Pension Fund et al v. Wingra Stone Company

Filing 60

MOTION by Plaintiffs Arthur H. Bunte, Jr, Central States, Southeast and Southwest Areas Pension Fund for judgment Agreed (Attachments: # 1 Exhibit 1)(Napoli, Anthony)

EXHIBIT 1

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
CENTRAL STATES, SOUTHEAST AND
SOUTHWEST AREAS PENSION FUND;
and ARTHUR H. BUNTE, JR., as Trustee,
Plaintiffs,
v.
WINGRA STONE COMPANY,
a Wisconsin corporation,
Defendant.

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Case No. 11 C 6263
Honorable Charles P. Kocoras
District Judge

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:
Attorney/Paralegal

Hours

Hourly Rate

Amount

Albert M. Madden

87.30

$325.00

$28,372.50

Anthony E. Napoli

115.20

$275.00

$31,680.00

133.80

$250.00

$33,450.00

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George O. Hansen

0.70

$140.00

Total:
2.

$

98.00

$93,600.50

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.

T:513510 / 11110062 / 5/3/13

D.

Plaintiffs are awarded execution for the collection of the judgment and

costs granted.
Enter:
Dated:_______________________

T:513510 / 11110062 / 5/3/13

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United States District Judge