Employers and Operating Engineers Local 520 Pension Fund et al v. Green Trac, LLC

Filing 15

ORDER GRANTING re 11 MOTION for Default Judgment as to filed by Employers and Operating Engineers Local 520 Vacation Fund, Gary Thiems, Tim Keeley, Operating Engineers Local 520 Joint Apprenticeship and Training Fund, Employers and Operating Engineers Local 520 Pension Fund, Henry Rohwedder, Ronald Johnson, Pete Korte, Robert K. Germann, Ronald Kaempfe, Charles Mahoney, Mark Johnson, Eugene Keeley, Ken Toennies, David Baxmeyer, Michael Luhr, Employers and Opera ting Engineers Local 520 Health and Welfare Fund, Terry Maczura, Kenneth J. Kilian, Michael Parkinson, Operating Engineers Local 520 Annuity Trust Fund. DEFAULT JUDGMENT in favor of Employers and Operating Engineers Local 520 Health and Welfare Fund, Employers and Operating Engineers Local 520 Pension Fund, Employers and Operating Engineers Local 520 Vacation Fund, David Baxmeyer, Robert K. Germann against Green Trac, LLC. Signed by Chief Judge David R. Herndon on 12/27/13. (klh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
EMPLOYERS AND OPERATING
ENGINEERS LOCAL 520 PENSION
FUND, et al.,
Plaintiffs,

Case No. 3:13-cv-00501 DRH-PMF

v.
GREEN TRAC, LLC,
Defendant.

JUDGMENT
Plaintiffs filed this action on May 30, 2013 to recover from defendant Green
Trac, LLC delinquent fringe benefit contributions and liquidated damages owed to the
plaintiff benefit funds pursuant to the Employee Retirement Income Security Act, 29
U.S.C. §1132(g)(2) ("ERISA") and pursuant to the Labor Management Relations Act,
29 U.S.C. §185 ("LMRA"). Defendant was served with the summons and complaint on
July 9, 2013 and has not filed an answer or responsive pleading.
Under the applicable collective bargaining agreement, an audit was performed
on the records of defendant for the period of January 1, 2010 through September 30,
2013. The audit revealed that defendant failed to remit contributions in the total
amount of $35,342.60. In addition, ten percent (10%) liquidated damages were
assessed. Defendant owes $3,534.26 in liquidated damages.
The collective bargaining agreement and ERISA, 29 U.S.C. §1132(g)(2), also
require defendant to pay plaintiffs' attorneys’ fees and court costs. Plaintiffs incurred
attorneys’ fees in the amount of $945.00 and costs in the amount of $820.28. The

collective bargaining agreement also requires defendant to pay the fee for an audit to
be performed. Plaintiffs’ were billed $1,250.00 for the audit.
The total amount owed by defendant to plaintiffs is $41,892.14.
IT IS HEREBY ORDERED that plaintiffs' motion for default judgment is
granted.
IT IS HEREBY ORDERED that the Clerk of the Court shall enter judgment by
default in favor of plaintiffs and against defendant Green Trac, LLC in the amount of
$41,892.14.

SO ORDERED:

David R. Herndon
2013.12.27
16:10:25 -06'00'
Chief Judge
United States District Court
DATE: December 27, 2013

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