Michigan Electrical Employees' Pension Fund et al v. Markee Electric, Inc.

Filing 11

CONSENT JUDGMENT Reopening Case, Setting aside the Dismissal Order [Dkt #8] and entering judgment in favor of Plaintiffs against Defendant Markee Electric in the amount of $ 99,708.21 plus post-judgment interest. Signed by District Judge Robert H. Cleland. (LWag)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION (Detroit)

Trustees of:
MICHIGAN ELECTRICAL EMPLOYEES’
PENSION FUND, et al,
Plaintiffs,
Case No. 2:14-cv-11618-RHC-MKM
v
Hon. Robert H. Cleland
MARKEE ELECTRIC, INC.,
Defendant.
/
CONSENT JUDGMENT
This matter is presented on the consent of the parties. On July 31, 2014, the
Court sua sponte entered an Order Dismissing Case Without Prejudice [Docket
No. 7](the “July 31, 2014 Order”) as the Court was advised of a pending but not
yet finalized Settlement Agreement between the parties effective as of July 31,
2014 (the “2014 Settlement Agreement”). On August 31, 2014, once the 2014
Settlement Agreement was finalized, the Court entered an Ex-Parte Order (i)
Dismissing Case Without Prejudice, and (ii) Setting Procedures for Re-Opening of
Case and Entry of Consent Judgment [Docket No. 8](the “Dismissal Order”).
Defendant Markee Electric, Inc. (“Markee”) has defaulted under the 2014
Settlement Agreement. Plaintiffs and Markee have entered into an Amended and
Restated Settlement Agreement wherein Plaintiffs and Markee have agreed to
amend, restate and supersede 2014 Settlement Agreement and enter this Consent
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Judgment. The parties have agreed to entry of this Consent Judgment and the Court
is otherwise advised in the premises;
NOW THEREFORE;
IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows:
1.

This case is re-opened.

2.

This Dismissal Order [Docket No. 8] is set-aside.

3.

Judgment is entered in favor of Plaintiffs and against Defendant

Markee Electric, Inc. in the amount of $99,708.21 (the “Judgment”),1 with postjudgment interest to accrue thereon at the rate of ten (10%) percent per annum
from and after March 1, 2015, and Plaintiffs shall have full rights of execution
thereon.
4.

Markee, by and through its respective officers including Richard A.

Markee, shall in accordance with the terms and conditions of the applicable
collective bargaining agreement to which Markee is a party, continue to timely
remit all fringe benefit contributions due to Plaintiffs on behalf of the persons
performing covered work along with the corresponding fringe benefit contribution
reports from and after January 1, 2015.
5.

The Court shall retain jurisdiction over this matter for purposes of

enforcement of the provisions of this Judgment including any proceedings
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Covers the updated audit of the books and records of Markee Electric, Inc. for the time period from April 2011 through
December 2014 only, as determined by an audit billing letter from Plaintiffs to Defendant Markee Electric, Inc. dated January 28,
2015.

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supplementary to judgment which are necessary for Plaintiffs to enforce the
provisions of this Judgment.

DATED: April 10, 2015

s/Robert H. Cleland
UNITED STATES DISTRICT JUDGE

Stipulated and agreed to:
ERMAN, TEICHER,
ZUCKER & FREEDMAN, P.C.

MARKEE ELECTRIC, INC.
By: /s/ Richard A. Markee (per consent)
Its: President
2410 Kansas Ave.
Flint, MI 48506
[e-mail]

/s/ Craig E. Zucker
CRAIG E. ZUCKER (P39907)
Co-Attorneys for Plaintiffs
400 Galleria Officentre, Suite 444
Southfield, MI 48034
[phone]
[e-mail]
- and SACHS WALDMAN, P.C.
Hope L. Calati, Esq.
Counsel for Plaintiffs
1423 E. Twelve Mile Rd.
Madison Heights, MI 48071
[phone]
[e-mail]

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