B.A.C. Local 32 Insurance Fund et al v. Terra Bella Terrazzo and Mosaic Tile, Incorporated et al

Filing 20

CONSENT JUDGMENT Signed by District Judge Robert H. Cleland. (LWag)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
THE TRUSTEES OF THE TILE, MARBLE &
TERRAZZO INSURANCE TRUST FUND; TILE,
TERRAZZO & MARBLE INDUSTRY PENSION
FUND;
TILE,
TERRAZZO
&
MARBLE
INDUSTRY
DEFINED CONTRIBUTION
PENSION FUND; TILE, TERRAZZO & MARBLE
INDUSTRY JOINT TRAINING FUND; LABOR
MANAGEMENT FUND; and the TILE, TERRAZZO
& MARBLE INDUSTRY VACATION AND
HOLIDAY FUND,
Plaintiffs,
Case No. 2:13-cv-12518
Hon. Robert H. Cleland

v.
TERRA BELLA TERRAZZO & MOSAIC, INC., a
Michigan corporation and DONALD M. KRAFT, an
individual, jointly and severally.
Defendants.
NOVARA TESIJA, P.L.L.C.
Paul O. Catenacci (P63054)
Paul M. Newcomer (P44501)
Attorneys for Plaintiffs
2000 Town Center, Suite 2370
Southfield, MI 48075
[phone]
[e-mail]
[e-mail]

CONSENT JUDGMENT
At a session of said Court, held in the City
of Detroit, County of Wayne, State of Michigan,
ON: June 3, 2016
PRESENT: HON. ROBERT H. CLELAND
U.S. District Court Judge
This matter has come before the Court on Plaintiffs' Affidavit of Non-Compliance. As the
Court is fully advised of the circumstances surrounding this matter and Plaintiffs request for entry of
this Consent Judgment, the Court accordingly finds as follows:

1.

The parties entered into a Settlement Agreement, on May 13, 2014.

2.

The Settlement Agreement provides that if an event of default occurs and goes

uncured within the provided cure period, the parties agreed to the entry of this Consent Judgment
by the Plaintiffs as provided in the Settlement Agreement.
3.

As evidenced by the Plaintiffs' affidavit of non-compliance, an event of default

has occurred and has not been cured within the requisite time period. Wherefore, Plaintiffs are
entitled to entry of this Consent Judgment.
NOW, THEREFORE, IT IS HEREBY ORDERED that Plaintiffs shall have judgment
against Terra Bella Terrazzo & Mosaic, Inc., a Michigan corporation, and Donald M. Kraft,
personally, jointly and severally, in the amount of $26,234.26 as detailed in the Settlement
Agreement (less any payments made by Defendants pursuant to the Settlement Agreement) and
Plaintiffs are further awarded the following, to be calculated and reflected in a Final Judgment to
be entered: interest on the full unpaid balance, costs and Plaintiffs' attorney fees incurred in this
matter, as well as all judgment expenses.
IT IS FURTHER ORDERED that this Court shall retain jurisdiction of this matter,
pending the satisfaction of this Judgment and/or compliance with any additional orders.

S/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE

By: /
Paul 0. Catenacci (P63054)
NOVARA TESIJA, P.L.L.C.
Attorneys for Plaintiffs
2000 Town Center, Suite 2370
Southfield, MI 48075-1314

TERRA BELLA TERRAZZO
& MOSAIC, INC.
By:
Its:
DONALD M. KRAFT, personally

Dated: June 3, 2016

I hereby certify that a copy of the foregoing document was mailed to counsel of
record and/or pro se parties on this date, June 3, 2016, by electronic and/or ordinary
mail.

S/Lisa Wagner
Case Manager and Deputy Clerk
[phone]

approved as to form and content: