Employers & Cement Masons #90 Health & Welfare Fund et al v. Fournie Contracting Company, Inc.

Filing 37

ORDER granting 36 Motion for Attorney Fees. See Order for details. Further, the Court DIRECTS the Clerk of the Court to enter judgment. Signed by Judge David R. Herndon on 6/20/17. (klh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
EMPLOYERS & CEMENT MASONS #90
HEALTH & WELFARE FUND, by and through
its Board of Trustees,
and
EMPLOYERS AND CEMENT MASONS #90
PENSION FUND, by and through is Board
of Trustees,
Plaintiffs,
v.

No. 15-0934-DRH

FOURNIE CONTRACTING COMPANY,
Defendant.

ORDER

HERNDON, District Judge:
On May 3, 2017, the Court granted plaintiffs’ March 22, 2017 motion for
summary judgment, found in favor of plaintiffs and against defendant and awarded
plaintiff $42,078.23 as well as reasonable attorney fees (Doc. 35). 1 Further, the
Court allowed plaintiffs up to and including May 24, 2017 to file the petition for
attorney fees and noted that the Court will enter judgment at the conclusion of the
issue of attorney fees.

Now before the Court is plaintiffs’ May 24, 2017 petition for

attorney’s fees and costs (Doc. 36).

Specifically, plaintiffs seek $16,342.00 in

attorney’s fees and costs. In support of this amount, plaintiffs attached a copy of
1 Defendant did not respond to the motion for summary judgment.

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the bills and an affidavit submitted by attorney Jacob A. Blickhan detailing the fees
and costs associated with this matter.

As of this date, defendants have not

responded to the petition for attorney’s fees and costs. Thus, the Court considers
this failure an admission of the motion. 2 After reviewing of the affidavit and the
bills submitted, the Court finds that the attorney fees and costs are reasonable in
this matter.
Accordingly, the Court GRANTS the petition for attorney’s fees and costs
(Doc. 36).

The Court AWARDS plaintiffs $16, 342.00 in fees and costs.

Pursuant to the Court’s May 3, 2017 Order granting summary judgment, the Court
also AWARDS plaintiffs $42,078.23 in damages. Further, the Court DIRECTS
the Clerk of the Court to enter judgment in favor of plaintiffs and against defendant
in this case.
IT IS SO ORDERED.

Digitally signed by
Judge David R.
Herndon
Date: 2017.06.20
16:31:50 -05'00'

Signed this 20th day of June, 2017.

United States District Judge

2 Local Rule 7.1(g) provides in part: “A party opposing a motion not listed in subsection (c) shall
have 14 days after service of the motion to file a written response. Failure to file a timely response
to a motion may, in the Court’s discretion, be considered an admission of the merits of the motion.”

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