Bricklayers Pension Trust Fund - Metropolitan Area et al v. State Wide Caulking Company et al

Filing 18

AMENDED DEFAULT JUDGMENT against Defendants. Signed by District Judge George Caram Steeh (MBea)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
Trustees of the
BRICKLAYERS PENSION TRUST FUND
–
METROPOLITAN
AREA;
BRICKLAYERS AND TROWEL TRADES
INTERNATIONAL
RETIREMENT
SAVINGS
PLAN;
BRICKLAYERS
HOLIDAY
TRUST
FUND,
METROPOLITAN
AREA;
TROWEL
TRADES HEALTH AND WELFARE
FUND, DETROIT AND VICINITY,
BRICKLAYERS AND TROWEL TRADES
INTERNATIONAL PENSION FUND;
DETROIT METROPOLITAN MASONRY
JOINT
APPRENTICESHIP
AND
TRAINING COMMITTEE; and the
BRICKLAYERS
INTERNATIONAL
MASONRY INSTITUTE;
Plaintiffs,
Case No. 10-cv-14061
Hon. George Caram Steeh

vs.
STATE WIDE CAULKING COMPANY,
a Michigan corporation, and FRANK
PERCHA, an individual, d/b/a PERCHA
CAULKING.
Defendants.
NOVARA TESIJA, P.L.L.C.
Paul O. Catenacci (P63054)
Attorneys for Plaintiffs
2000 Town Center, Suite 2370
Southfield, MI 48075
[phone]
[e-mail]

AMENDED DEFAULT JUDGMENT

THIS MATTER CAME before the Court on Plaintiffs’ Motion for the Entry of a
Default Judgment. The Court, being fully advised in the premises, finds that:

1.

The Summons and Complaint were served on the Defendants Statewide

Caulking and Frank Percha d/b/a Percha Caulking on December 6, 2010. The proofs of
service are on file with the Court.
2.

Defendants did not file an answer or take any other action to defend

themselves with 20 days following the service of process.
3.

Defendants have not filed an answer, or taken any such action as may be

permitted by law within twenty (20 days of service.
4.

Defendants are not infants, or incompetent persons, or engaged in the

military service.
5.

A Clerk’s Entry of Default was entered against Defendants on January 21,

6.

That Frank Percha, an individual, d/b/a Percha Caulking, is the alter-ego

2011.

of Statewide Caulking.
7.

That Defendant Frank Percha is personally liable under the Michigan

Builders Trust Fund (MBTFA) and the Employee Retirement Income Security Act
(ERISA) for the failure of Statewide Caulking and Percha Caulking’s to pay fringe
benefits to the Plaintiffs.
ACCORDINGLY, IT IS ORDERED that Plaintiffs shall have judgment against
Defendants Statewide Caulking and Frank Percha, an individual, d/b/a Percha Caulking,
jointly and severally, for all amounts revealed as owing by audit, as well as interest
thereon at the rate of 12% per annum from the due date of the contributions, and
liquidated damages, as well as costs of the audit and statutory attorneys fees, all pursuant

to 29 U.S.C. 1132(g)(2) with the exception of fringe benefit contributions due for Frank
Percha himself, which he has waived all claims to.
IT IS ALSO ORDERED that Defendants shall submit to an audit as to all
periods during which contribution reports have not been filed and to which an audit has
not been performed;
IT IS ALSO ORDERED that the Court shall retain jurisdiction of this matter
pending satisfaction of this judgment and/or compliance with any additional orders.

s/George Caram Steeh
United States District Judge
Dated: August 12, 2011