Trustees of the National Elevator Industry Pension Plan et al v. AAA Elevator, LLC et al

Filing 216

ORDER AND REASONS - IT IS ORDERED that 212 the plaintiffs' Motion for costs of collection and attorney fees is hereby GRANTED as unopposed. IT IS FURTHER ORDERED that the plaintiffs are hereby awarded attorney fees, expenses, and costs in the amount of $35,786.63, the amount incurred by the plaintiffs in connection with the execution of the judgment. Signed by Judge Martin L.C. Feldman on 11/21/2019. (sa)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

TRUSTEES OF THE NATIONAL
ELEVATOR INDUSTRY PENSION PLAN, ET AL.

MISCELLANEOUS ACTION

v.

NO. 13-MC-2408

AAA ELEVATOR, LLC, ET AL.

SECTION "F"

ORDER AND REASONS
Local Rule 7.5 of the Eastern District of Louisiana requires
that memoranda in opposition to a motion be filed eight days prior
to the noticed submission date.

No memoranda in opposition to the

plaintiffs’ motion for costs of collection and attorney fees,
noticed for submission on November 20, 2019, has been submitted.
Accordingly, because the motion is unopposed, and further, it
appearing to the Court that the motion has merit, 1 IT IS ORDERED:
The plaintiffs seek to recover additional costs and attorney fees
accrued in connection with collection efforts undertaken to
execute the foreign judgment in this case. In their efforts to
collect the amounts owed under the default judgment, since reopening the matter on June 29, 2017, the plaintiffs represent that
they have accrued $35,786.63 in attorney fees, expenses, and costs.
They submit that the Court may exercise its discretion to award
these additional attorney fees and costs, which are recoverable
under ERISA. The defendants have not responded and therefore do
not contest either whether fees are recoverable nor the support
offered for the amount requested. The plaintiffs’ application is
supported by sworn evidence and billing documents detailing the
1
1

the plaintiffs’ motion for costs of collection and attorney fees
is hereby GRANTED as unopposed.

IT IS FURTHER ORDERED: that the

plaintiffs are hereby awarded attorney fees, expenses, and costs
in the amount of $35,786.63, the amount incurred by the plaintiffs
in connection with the execution of the judgment.

New Orleans, Louisiana, November 21, 2019

_____________________________
MARTIN L. C. FELDMAN
UNITED STATES DISTRICT JUDGE

amount requested and the Court finds that the plaintiffs may
recover $35,786.63.
2