Iron Workers Local 25 Pension Fund et al v. Mean Erectors, Incorporated et al

Filing 13

DEFAULT JUDGMENT in favor of Plaintiffs against All Defendants. Signed by District Judge Matthew F. Leitman. (HMon)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
TRUSTEES OF THE IRON WORKERS
LOCAL NO. 25 PENSION FUND, et al.,
Plaintiffs,

Case No. 14-cv-14896
Hon. Matthew F. Leitman

v.
MEAN ERECTORS, INC., et al.,
Defendants.
_______________________________________________________________________/
DEFAULT JUDGMENT AGAINST DEFENDANTS
This matter having come before the Court upon Plaintiffs’ Motion for Entry of
Default Judgment against MEAN ERECTORS, INC. and TODD D. CULVER, and the
Court being otherwise fully advised in the premises;
IT IS ORDERED that Default Judgment is hereby entered against Defendants
MEAN ERECTORS, INC. and TODD D. CULVER in the amount of $80,431.07,
allocated as follows:
A)

$78,580.27 representing fringe benefit contributions for the months of

November, 2014, December, 2014, January, 2015 and February, 2015 based on items
submitted by Defendants;
B)

Late payment liquidated damages in the amount of $97.44;

C)

Interest on the unpaid contributions in the amount of $209.93 pursuant to

29 USC §1132(g)(2)(B);

D)

Interest on the unpaid contributions in the amount of $209.93 pursuant to

29 USC §1132(g)(2)(C)(i); and
E)

Attorney fees and costs in the amount of $1,333.50, for the period through

January, 2015.
IT IS FURTHER ORDERED that MEAN ERECTORS, INC. open its books and
records in order for Plaintiffs to conduct a complete audit to determine the amount of due
and owing Plaintiff Funds in unpaid contributions.
IT IS FURTHER ORDERED that Plaintiffs may submit a Motion for Amended
Judgment against MEAN ERECTORS, INC. and TODD D. CULVER to include an
amount determined due pursuant to the audit as set forth above, as well as liquidated
damages thereon, including accumulated interest, actual attorney fees, court costs, audit
and other collection costs pursuant to 29 USC §1132(g)(2) and the Collective Bargaining
Agreement, and any other amounts that become due during the pendency of this matter.
IT IS FURTHER ORDERED that Defendant is enjoined from any further breach
of the Collective Bargaining Agreement as same relates in any way to the payment of
contributions to Plaintiffs; and
IT IS FURTHER ORDERED that jurisdiction of this matter be retained pending
compliance with the Court’s orders.
/s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: June 5, 2015

I hereby certify that a copy of the foregoing document was served upon the parties and/or
counsel of record on June 5, 2015, by electronic means and/or ordinary mail.
s/Holly A. Monda
Case Manager
[phone]