DEGRAW et al v. APEX MASONRY, INC.
Filing
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ORDER granting 9 Motion for Default Judgment against Apex in the amount of $34,377.45 plus fees and costs in the sum of $1,610.00 AND granting 9 Motion for Permanent Injunction. (c/m). Signed by Judge Richard L. Young on 12/12/2013. (TMD)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
FRANK DEGRAW, TRUSTEE, and
INDIANA LABORERS WELFARE,
PENSION, AND TRAINING FUNDS,
Plaintiff,
vs.
APEX MASONRY, INC.,
Defendant.
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1:13-cv-776-RLY-DKL
ORDER GRANTING PLAINTIFFS’ REQUEST FOR DEFAULT
JUDGMENT AND PERMANENT INJUNCTION
The Indiana Laborers Welfare, Pension, and Training Funds are multi-employer
benefit plans, maintained by the contributions of a large number of different employers.
Apex Masonry, Inc. is an employer bound to make contributions to the Funds pursuant to
the collective bargaining agreements between it and the Laborers’ International Union of
North America (“LIUNA”), Indiana State Council. The plaintiffs herein, Frank DeGraw,
as Trustee of the Funds, and the Funds themselves, move for default judgment against the
defendant, Apex, for, inter alia, unpaid contributions to the Funds. Plaintiffs also move
to permanently enjoin Apex from failing and/or refusing to make timely payment of
monies due the Funds on behalf of all of Apex’s employees for whom contributions are
required. Apex did not respond to the Clerk’s Entry of Default, nor to the present
motion.
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The court, having read and reviewed the Plaintiffs’ motion, their brief in support,
and their proposed Findings of Fact and Conclusions of Law, now finds the Plaintiffs’
motion for default judgment and for a permanent injunction (Docket # 9) should be
GRANTED.
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that
judgment of default is hereby entered against Apex in the amount of $34,377.45,1 plus
attorney fees and costs in the sum of $1,610.00, as authorized and mandated by Section
502(g)(2) of the Employee Retirement Income Security Act of 1974, as amended, 29
U.S.C. § 1132(g)(2). IT IS FURTHER ORDERED that Apex is hereby
PERMANENTLY ENJOINED from failing and/or refusing to make timely payment of
monies due the Funds on behalf of all of Apex’s employees for whom contributions are
required under the collective bargaining agreement noted above. All future contributions
will be paid on or before their due date on the basis specified in any collective bargaining
agreement between LIUNA, Indiana State Council, and Apex.
SO ORDERED this 12th day of December 2013.
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RICHARD L. YOUNG, CHIEF JUDGE
RICHARD L. YOUNG, CHIEF JUDGE
United States District Court
United States District Court
Southern District of Indiana
Southern District of Indiana
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This amount is representative of unpaid contributions for the months of June through
October 2013. (Affidavit of Timothy Patrick ¶ 3). To the extent Apex failed to make
contributions for the months of November and December, it shall be liable to the Funds for those
amounts as well.
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Distributed Electronically to Registered Counsel of Record.
Distributed by first-class U.S. Mail to:
Apex Masonry, Inc.
c/o Max Helton, Jr., Registered Agent
5944 E. Harlan Dr.
Terre Haute, IN 47802
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