International Brotherhood of Electrical Workers Local Union 252 Pension Plan et al v. Wise Electric Company, Incorporated et al

Filing 12

DEFAULT JUDGMENT in favor of Plaintiffs against Patricia A Wise, Wise Electric Company, Incorporated, Chris A Wise. Signed by District Judge Patrick J Duggan. (MOre)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL UNION NO. 252 PENSION PLAN, ELECTRICAL WORKERS LOCAL NO. 252 HEALTH & WELFARE PLAN, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL UNION NUMBER 252 DEFINED CONTRIBUTION/401(K) PLAN, ELECTRICAL WORKERS LOCAL NUMBER 252 APPRENTICE SCHOOL PLAN, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL UNION 252 JOINT APPRENTICE TRAINING FUND, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL 252 LABOR MANAGEMENT COOPERATION FUND, and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL UNION NO. 252, Plaintiffs, DEFAULT JUDGMENT v. WISE ELECTRIC COMPANY, INC., a Michigan corporation, CHRIS A. WISE, an individual, and PATRICIA A. WISE, an individual, jointly and severally, Defendants. ______________________________________________________________________________ Joy M. Glovick (P66961) Conlin, McKenney & Philbrick, P.C. Attorneys for Plaintiffs 350 South Main Street, Suite 400 Ann Arbor, Michigan 48104-2131 [phone] ______________________________________________________________________________

Case No. 09-13729 Hon. Patrick J. Duggan

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DEFAULT JUDGMENT At a session of the Court held in the United States District Court, Eastern District of Michigan, on the 10th day of December, 2009. PRESENT: Hon. Patrick J. Duggan U.S. District Court Judge

This matter having come before the Court upon the Plaintiffs' attorney's affidavit attesting to Defendants' default in the terms of a certain Order to Dismiss Without Prejudice, Subject to Reinstatement and Entry of Default Judgment entered in this matter (the "Order"), the Installment Payments (as that term is defined in the Order) (the "Installment Payments") paid by Defendants, the amount of interest accrued on the unpaid Installment Payments, and the attorney's fees and costs incurred by Plaintiffs after the date of the Order with respect to the collection of fringe benefits and liquidated damages due from Defendants (the "Affidavit"), and the Court being fully advised in the premises; IT IS ORDERED AND ADJUDGED that a Default Judgment shall be and hereby is entered in favor of the Plaintiffs and against the Defendants Wise Electric Company, Inc., Chris A. Wise and Patricia A. Wise, jointly and severally, in the amount of $16,734.66, less the $0.00 in Installment Payments paid to-date by the Defendants as set forth in the Affidavit, plus the $148.52 in accrued interest as set forth in the Affidavit and plus the $987.00 in attorney's fees and costs incurred by Plaintiffs after October 21, 2009 with respect to the collection of fringe benefits and liquidated damages due from Defendant Wise Electric Company, Inc., all as set forth in the Affidavit, for a total judgment of $17,870.18.

IT IS FURTHER ORDERED that interest shall accrue from the date of this Default Judgment as provided by 28 USC 1961. IT IS FURTHER ORDERED that Defendants shall reimburse Plaintiffs for the attorney fees and costs incurred by them to collect this Default Judgment. IT IS FURTHER ORDERED that Plaintiffs may immediately pursue any and all legal post-judgment collection proceedings against Defendants.

S/Patrick J. Duggan Patrick J. Duggan United States District Judge Dated: December 10, 2009 I hereby certify that a copy of the foregoing document was served upon counsel of record on December 10, 2009, by electronic and/or ordinary mail. S/Marilyn Orem Case Manager