Operating Engineers Local 324 Health Care Plan et al v. G&W Construction Company et al
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)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTICT OF MICHIGAN
TRUSTEES OF THE OPERATING
ENGINEERS’ LOCAL 324
PENSION FUND, et al.,
Case No. 11-10494
Honorable Victoria A. Roberts
G & W CONSTRUCTON COMPANY,
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.
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
IT IS ORDERED.
S/Victoria A. Roberts
Victoria A. Roberts
United States District Judge
Dated: December 5, 2017
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