Operating Engineers Local 324 Health Care Plan et al v. G&W Construction Company et al

Filing 53

ORDER Granting 52 Plaintiffs' Motion to Revise Amended Consent Judgment to Include Mandates of 29 U.S.C. § 1132(g)(2). Signed by District Judge Victoria A. Roberts. (LVer)

Download PDF
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTICT OF MICHIGAN SOUTHERN DIVISION TRUSTEES OF THE OPERATING ENGINEERS’ LOCAL 324 PENSION FUND, et al., Plaintiffs, Case No. 11-10494 Honorable Victoria A. Roberts v. G & W CONSTRUCTON COMPANY, et al., Defendants. ______________________________/ ORDER GRANTING PLAINTIFFS’ MOTION TO REVISE AMENDED CONSENT JUDGMENT TO INCLUDE THE MANDATES OF 29 U.S.C. § 1132(g)(2) [Doc. 52] On October 3, 2017, the Court entered an amended consent judgment against Defendant G & W Construction Company in the amount of $210,437.75. [Doc. 51]. The amended consent judgment allows Plaintiffs to move to revise the judgment to include the mandates of 29 U.S.C. § 1132(g)(2). Pursuant to that right, Plaintiffs now move to revise the amended consent judgment to include such mandates under § 1132(g)(2). [Doc. 52]. Plaintiffs’ counsel says he conferred with Defendant’s counsel regarding the motion, and defense counsel stated that Defendant takes no position. Further, the time for response has passed, and Defendant has not filed a response or opposition to Plaintiffs’ motion. The Court is satisfied that Plaintiffs have adequately supported their motion, and that they are entitled to an amended judgment to include the mandates under 29 U.S.C. § 1132(g)(2). Accordingly, Plaintiffs’ motion to revise [Doc. 52] is GRANTED. The Court REVISES the amended consent judgment against G & W Construction Company to include the mandates of 29 U.S.C. § 1132(g)(2), as set forth in Plaintiffs’ motion. An amended judgment against G & W Construction Company in the amount of $764,328.16 will follow. The Court retains jurisdiction of this matter pending compliance with the Court’s orders. IT IS ORDERED. S/Victoria A. Roberts Victoria A. Roberts United States District Judge Dated: December 5, 2017 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?