DEGRAW et al v. GARZA MAINTENANCE AND CONSTRUCTION, LLC

Filing 12

CLOSED DEFAULT JUDGMENT and PERMANENT INJUNCTION in favor of Plaintiffs against Defendant. Signed by Judge Sarah Evans Barker on 6/7/2010.(SWM)

UNITED STATES DISTRICT COURT S O U T H E R N DISTRICT OF INDIANA IN D IA N A P O L IS DIVISION F R A N K DEGRAW, TRUSTEE, and IN D IA N A LABORERS WELFARE, P E N S IO N AND TRAINING FUNDS, ) ) ) ) ) ) ) )CAUSE NO.: 1:10-cv-0534-SEB-DML ) ) ) ) )

P la in tif f s , v. G A R Z A MAINTENANCE AND C O N S T R U C T IO N , LLC D e f e n d a n t.

D E F A U L T JUDGMENT A N D PERMANENT INJUNCTION D e f e n d a n t Garza Maintenance and Construction, LLC having failed to plead or o th e rw is e defend in this action, and its default having been entered, now, upon application o f the Plaintiffs, the Plaintiffs are entitled to the sum of $7,982.29 for delinquent c o n trib u tio n s and interest, and the attorneys for Plaintiffs being entitled to a reasonable a tto rn e y fee and costs of $1,210.00 for their services rendered in this matter, as shown by the A f f id a v it of Frederick W. Dennerline, III, it is hereby O R D E R E D ADJUDGED AND DECREED that Plaintiff Funds recover the sum of $ 7 ,9 8 2 .2 9 and their attorney fees, expenses and costs in the amount of $1,210.00. IT IS FURTHER ORDERED that the Defendant should be and is PERMANENTLY E N J O IN E D as follows: D e f e n d a n t, its agents, servants, employees, and all persons in active counsel and in

participation with it, are permanently enjoined from failing and/or refusing to make timely p a ym e n t of monies due Plaintiff Funds on behalf of all of Defendant's employees for whom c o n trib u tio n s are required under the aforementioned collective bargaining agreements, b e g in n in g with the contributions for the month of January, 2010. All future contributions will b e paid on or before their due date on the basis specified in any collective bargaining a g re e m e n t between the LIUNA, Indiana State Council, and the Defendant. D a te d this0_____ day of June , 2010. 06/ 7/2010
_______________________________ SARAH EVANS BARKER, JUDGE

_ _ _ _ _ _ _ _ _United_States _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ District Court Southern District of Indiana J u d g e , United States District Court C o p ie s to: F re d e ric k W. Dennerline, III F IL L E N W A R T H DENNERLINE GROTH & TOWE, LLP 4 2 9 East Vermont Street, Suite 200 In d ia n a p o lis , IN 46202 E -m a il: [e-mail] G a rz a Maintenance and Construction, LLC c /o Richard Garza 2 3 9 3 Four Seasons Pkwy C ro w n Point, IN 46307

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