Operating Engineers Local 324 Health Care Plan et al v. Crawford Pile Driving, LLC

Filing 24

ORDER granting 19 plaintiffs' Motion to Amend Judgment to add attorneys' fees. Signed by District Judge George Caram Steeh. (MBea)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
Trustees of the
OPERATING ENGINEERS LOCAL
324 HEALTH CARE PLAN, et al.,
Plaintiffs,
Case No. 15-cv-12498
HON. GEORGE CARAM STEEH

v.
CRAWFORD PILE DRIVING,
LLC,
Defendant.
_____________________________/

ORDER GRANTING PLAINTIFFS’ MOTION TO AMEND
JUDGMENT TO ADD ATTORNEYS’ FEES (Doc. 19)
On May 10, 2019, this court entered a stipulated Consent Order and
Judgment reopening this ERISA and LMRA suit brought by Plaintiffs Board
of Trustees of Operating Engineers Local 324 Health Care Plan
(“Plaintiffs”) for unpaid fringe benefit contributions and liquidated damages
against Defendant employer Crawford Pile Driving, LLC. (Doc. 17).
Judgment entered in the amount of $89,582.06 which included unpaid
contributions, interest, liquidated damages and attorneys’ fees and costs
through October 31, 2018. The stipulated Consent Order and Judgment
granted Plaintiffs leave to file a motion for an Amended Judgment once the
amount of attorneys’ fees from November 1, 2018 was determined. Now
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before the court is Plaintiffs’ motion to amend the Judgment to add
attorneys’ fees from November 1, 2018 through June 30, 2019 in the
amount of $3,243.00.
The breakdown as to the amount of fees is as follows. Plaintiffs seek
to recover for 15.9 hours worked by attorney Hope Calati at an hourly rate
of $190 per hour for 7.1 hours of work, and 8.8 hours at $200 per hour for a
total of $3,109.00. Plaintiff also seeks $134.00 for work performed by
attorney Joseph Uhll for .8 hours of work at a rate of $180.00 per hour.
Defendant does not dispute the hourly rate, but argues the attorneys’ fee
award should be reduced by $982 because the hours billed are allegedly
excessive or outside the scope of this lawsuit. The court has carefully
reviewed the time records submitted and finds that they are reasonable and
within the scope of this lawsuit.
Plaintiffs also seek the immediate right of execution of the amount set
forth in the Amended Judgment. Defendant opposes this provision and
argues there is no reason to deviate from the 30-day automatic stay under
Federal Rule of Civil Procedure 62(a). But the stipulated consent order
reopening this case and entry of judgment entered on May 10, 2019,
specifically provided that, “Plaintiffs shall have full and immediate rights of
execution thereon.” (Doc. 17 at PgID 113). Given this stipulation, the court
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shall grant Plaintiffs the immediate right of execution of the Amended
Judgment. Accordingly,
IT IS ORDERED that this court will enter an Amended Judgment
against Defendant in the amount of $87,825.06, which represents the
$89,582.06 previously ordered paid in the stipulated consent judgment,
(Doc. 17), less that $5,000 paid by Defendant, plus attorneys’ fees and
costs from November 1, 2018 through June 30, 2019 in the amount of
$3,243.
Plaintiffs are GRANTED full and immediate rights of execution of the
Amended Judgment.
IT IS SO ORDERED.
Dated: August 8, 2019
s/George Caram Steeh
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE

CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
August 8, 2019, by electronic and/or ordinary mail.
s/Marcia Beauchemin
Deputy Clerk

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