Sheet Metal Workers Local 80 Pension Trust Fund et al v. J & M Erectors, Inc.

Filing 12

DEFAULT JUDGMENT against J & M Erectors, Inc.. Signed by District Judge Patrick J Duggan. (MOre)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION Trustees of the SHEET METAL WORKERS' LOCAL UNION NO. 80 PENSION TRUST FUND; SHEET METAL WORKERS' LOCAL UNION NO. 80 ANNUITY FUND; SHEET METAL WORKERS' LOCAL UNION NO. 80 INSURANCE TRUST FUND; SHEET METAL WORKERS' LOCAL UNION NO. 80 SUPPLEMENTAL UNEMPLOYMENT BENEFIT FUND; INTERNATIONAL TRAINING INSTITUTE; NATIONAL ENERGY MANAGEMENT INSTITUTE COMMITTEE; SHEET METAL WORKERS' INTERNATIONAL ASSOCIATION SCHOLARSHIP FUND; SHEET METAL OCCUPATIONAL HEALTH INSTITUTE TRUST FUND and NATIONAL STABILIZATION AGREEMENT OF SHEET METAL INDUSTRY TRUST FUND, Plaintiffs, CASE No. 10-10892 v. HON. PATRICK J. DUGGAN J & M ERECTORS, INC., a corporation incorporated under the laws of the State of Michigan, Defendant. ________________________________________________/ DEFAULT JUDGMENT At a session of said Court, held in Detroit, Michigan, at the Theodore Levin United States Courthouse, on June 23, 2010. HON. PATRICK J. DUGGAN UNITED STATES DISTRICT JUDGE Based upon plaintiffs' Motion for Default Judgment, with Brief and Affidavit filed in support thereof; and the pleadings previously filed in this matter; the Court, being fully apprized in the 1 premises, has concluded that, pursuant to Fed.R.Civ.P. 55(b)(2), plaintiffs are entitled to default judgment against defendant J & M ERECTORS, INC. for the relief prayed for in their Complaint. Accordingly, IT IS HEREBY ORDERED AND ADJUDGED: 1. Defendant is bound to pay contributions to plaintiffs for the benefit of the Funds as alleged in plaintiffs' Complaint. 2. Plaintiffs have and recover Judgment from defendant in the amount of $11,747.56, representing $11,040.56 in audited indebtedness for the period of January 2007 through November 24, 2008 owing to plaintiffs plus $707.00 in costs and attorneys' fees incurred by plaintiffs to June 6, 2010, and plaintiffs shall have execution therefor. 3. Post-judgment interest will accrue on the amount set forth in paragraph 2, above, as provided for in 28 USC 1961, from the date of entry of this Judgment, and plaintiffs shall have execution therefor. 4. This Court shall retain jurisdiction over this matter for purposes of enforcement of the provisions of this Default Judgment. IT IS SO ORDERED. s/Patrick J. Duggan Patrick J. Duggan United States District Judge Dated: June 23, 2010 I hereby certify that a copy of the foregoing document was served upon counsel of record on June 23, 2010, by electronic and/or ordinary mail. s/Marilyn Orem Case Manager 2

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