Tile, Marble and Terrazzo Industry Insurance Fund et al v. J and S Interior Concepts, Incorporated et al

Filing 12

ORDER granting 8 Motion for Default Judgment. Signed by District Judge George Caram Steeh (MBea)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
THE TRUSTEES OF THE TILE, MARBLE
AND TERRAZZO INDUSTRY INSURANCE
FUND; TILE, MARBLE AND TERRAZZO
INDUSTRY
PENSION
FUND;
TILE,
MARBLE & TERRAZZO INDUSTRY JOINT
TRAINING FUND; LABOR MANAGEMENT
FUND; TILE, MARBLE AND TERRAZZO
INDUSTRY
SUPPLEMENTAL
UNEMPLOYMENT BENEFIT FUND; TILE,
MARBLE AND TERRAZZO INDUSTRY
VACATION AND HOLIDAY FUND; and
BRICKLAYERS
AND
ALLIED
CRAFTWORKERS LOCAL NO. 1 F/K/A
BRICKLAYERS
AND
ALLIED
CRAFTWORKERS LOCAL NO. 32,
Plaintiffs,
Case No. 11-12589
HON. George Caram Steeh

vs.
J&S INTERIOR CONCEPTS, INC., a Michigan
Corporation, and JASON SHOCK, an
individual, jointly and severally,
Defendants
________________________________________________/

ORDER GRANTING MOTION FOR 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.

Defendants were all served with a copy of the Summons and Complaint

on June 21, 2011.
2.

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

permitted by law within twenty-one (21) days of service.
3.

Defendants are not infants or incompetent persons.

4.

A Clerk’s Entry of Default was entered against Defendants on October 7,
2011.

5.

Plaintiffs are entitled by law to the relief requested.

ACCORDINGLY IT IS ORDERED THAT Defendants, within 15 days of the date
of being served with a copy of this Order, submit such of J&S Interior Concepts, Inc.'s
books and records for audit, as requested by the Plaintiffs’ auditor, including, but not
limited to:
A.

Internal Revenue Service Forms W-2 and W-4;

B.

Internal Revenue Service Forms 940, 941, 1099 and 1096;

C.

Michigan Employment Security Commission Reports;

D.

All time cards, payroll data and workers' disability compensation records,
including audits;

E.

State of Michigan Forms 1020; and

F.

Corporate Defendant's general ledger.

ACCORDINGLY, IT IS FURTHER ORDERED THAT Plaintiffs shall upon motion
for final judgment against Defendants be entitled to judgment in the amount found due
and owing after audit, together with all interest thereon, liquidated damages and attorney
fees incurred as a result of this proceeding, under 29 U.S.C. § 1132(g)(2) pursuant to
their claims brought under ERISA; 29 U.S.C. § 1132 and § 1109.
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: November 17, 2011