Sheet Metal Workers Local No. 292 Pension Fund et al v. Elektro-Ion, Inc.

Filing 12

Default Judgment. Signed by District Judge Matthew F. Leitman. (Monda, H)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
Trustees of the SHEET METAL
WORKERS LOCAL NO. 292
PENSION FUND, et al.,
Plaintiffs,

Case No. 2:14-cv-12797
Hon. Matthew F. Leitman

v.
ELEKTRO-ION, INC., a Michigan corporation,
Defendant.
/

DEFAULT JUDGMENT
Based upon Plaintiffs’ Motion for Default Judgment and Brief filed in
support thereof; and the pleadings previously filed in this matter; the Court, being
fully apprised in the premises, has concluded that, pursuant to FRCP 55(b)(2),
Plaintiffs are entitled to default judgment against Defendant ELEKTRO-ION, INC.
for the relief prayed for in their Complaint.
Accordingly, IT IS HEREBY ORDERED AND ADJUDGED:
1.

Defendant ELEKTRO-ION, INC. is bound to pay contributions to

Plaintiffs as alleged in Plaintiffs’ Complaint.

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2.

Plaintiffs have and recover Judgment from defendant ELEKTRO-

ION, INC. in the amount of $76,021.62,1 and plaintiffs shall have execution
therefor.
3.

IT IS FURTHER ORDERED THAT post-judgment interest will

accrue on the amount set forth in paragraph 2 as provided for in 28 U.S.C. §1961,
and plaintiffs shall have execution therefor.
4.

This Court shall retain jurisdiction over this matter for purposes of

enforcement of the provisions of this Default Judgment.
IT IS SO ORDERED.
s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: October 8, 2014

1

The amount of $76,021.62 is the sum of $60,485.83 (representing unpaid audited
contributions for the period of January 2012 through December 2013) to which
plaintiffs are entitled pursuant to ERISA 502(g)(2)(A); $1,895.67 in interest on the
delinquent contributions, to which plaintiffs are entitled pursuant to ERISA
502(g)(2)(B); $3,024.29 to which plaintiffs are entitled pursuant to ERISA
502(g)(2)(C), which is the greater of interest on the audited contributions and
liquidated damages provided for under the plan; $5,514.83 in late payment
assessment pursuant to plaintiffs’ plan documents; $3,045.00 in audit costs
pursuant to plaintiffs’ plan documents; and $2,056.00 in attorneys’ fees and costs
through August 31, 2014, to which plaintiffs are entitled pursuant to ERISA
502(g)(2)(D) and plaintiffs’ plan documents.
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I hereby certify that a copy of the foregoing document was served upon the parties
and/or counsel of record on October 8, 2014, by electronic means and/or ordinary
mail.
s/Holly A. Monda
Case Manager
[phone]

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