Michigan Regional Council of Carpenters Employee Benefits Fund et al v. Prater Commercial Group, Inc. et al

Filing 11

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

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
TRUSTEES OF MICHIGAN REGIONAL
COUNCIL OF CARPENTERS’ EMPLOYEE
BENEFITS FUND, et al.
Plaintiffs,

Case No. 15-cv-10260
Hon. Matthew F. Leitman

v.
PRATER COMMERCIAL GROUP,
INCORPORATED, et al.,
Defendants.
__________________________________________________________________/
AMENDED ORDER 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.

The Summons and Complaint were served on Defendants Prater

Commercial Group, Inc. d/b/a Prater Commercial Carpentry (“Prater”) and Rodney
Prater on January 28, 2015. The proofs of service are on file with the Court (Dkt.
5 & 6).
2.

Defendants did not file an answer or take any other action to defend

themselves within 21 days following the service of process.
3.

Defendants are not infants or incompetent persons.

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4.

A Clerk’s Entry of Default was entered against Defendants Prater and

Rodney Prater on February 20, 2015 (Dkt. 8).
5.

Default Judgment was entered against Defendants Prater and Rodney

Prater on March 19, 2015 (Dkt. 10).
ACCORDINGLY, IT IS ORDERED that Plaintiffs shall have judgment
against Defendants Prater and Rodney Prater, pursuant to 29 U.S.C. 1132(g)(2) in
the amount of $237,739.01, consisting of $236,777.51 for unpaid fringe benefit
contributions together with liquidated damages thereon, accumulated interest, court
costs of $471.50, and attorneys fees of $490.00. Additionally, Plaintiffs shall,
upon filing a copy of the auditor’s report and the appropriate affidavit(s) of a
person (or persons) with knowledge, have amended judgment against the
Defendants for all contribution amounts as are found to be due upon an updated
audit, as well as interest thereon, at the rate of 12% per annum from the due date of
the paid contributions, liquidated damages at the rate of 10% of all delinquent
amounts pursuant to Plaintiffs’ resolutions, policies and procedures, and the
provisions of the parties’ collective bargaining agreement, as well as costs of the
audit and statutory attorneys fees, all pursuant to 29 U.S.C. 1132(g)(2).
IT IS FURTHER ORDERED that Defendants, within 30 days of the date
of this Order, shall submit their books and records, as requested by the auditor.

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IT IS FURTHER ORDERED that if Defendants fail to submit the
aforesaid books and records within said time period, the U.S. Marshals, or such
other authorized representative of this Court, is hereby authorized to seize same
and deliver them to Plaintiffs.
IT IS FURTHER ORDERED that this Honorable Court shall retain
jurisdiction of this matter pending satisfaction of this judgment and/or compliance
with any additional orders.
IT IS SO ORDERED.
/s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: May 12, 2015

I hereby certify that a copy of the foregoing document was served upon the parties
and/or counsel of record on May 12, 2015, by electronic means and/or ordinary
mail.
s/Holly A. Monda
Case Manager
[phone]

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