Bricklayers Pension Trust Fund - Metropolitan Area et al v. C M U Masonry Co., Inc. et al

Filing 22

AMENDED ORDER granting 21 Motion for Default Judgment. Signed by District Judge Robert H. Cleland. (LWag)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
TRUSTEES of the BRICKLAYERS PENSION
TRUST FUND – METROPOLITAN AREA;
BRICKLAYERS AND TROWEL TRADES
INTERNATIONAL RETIREMENT SAVINGS
PLAN; BRICKLAYERS HOLIDAY TRUST
FUND – METROPOLITAN AREA; TROWEL
TRADES HEALTH AND WELFARE FUND –
DETROIT AND VICINITY; BRICKLAYERS
AND TROWEL TRADES INTERNATIONAL
PENSION FUND; DETROIT METROPOLITAN
MASONRY JOINT APPRENTICESHIP AND
TRAINING COMMITTEE; BRICKLAYERS
INTERNATIONAL MASONRY INSTITUTE;
and
the
LABOR-MANAGEMENT
COOPERATION COMMITTEE;
Plaintiffs,

Case No. 16-12667
Hon. Robert H. Cleland

v.
C M U MASONRY CO., INC., a Michigan
corporation, CARL J. COLO, an individual, and
EMILIO MASTRONARDI, an individual, jointly
and severally,
Defendants.
NOVARA TESIJA, P.L.L.C.
Paul O. Catenacci (P63054)
Kathryne A. Tracey (P79445)
Attorneys for Plaintiffs
2000 Town Center, Suite 2370
Southfield, MI 48075
[phone]
[e-mail]
[e-mail]
AMENDED ORDER FOR DEFAULT JUDGMENT

THIS MATTER having come before the Honorable Court on Plaintiffs' previous
Motion for Default Judgment Against Defendants CMU Masonry Co., Inc. and Carl J.
Colo [Dkt. 14] and this Court being fully advised in the premises, thus hereby finds that:
1. An Order for Default Judgment was entered against Defendants CMU
Masonry Co., Inc. and Carl J. Colo on March 17, 2017 [Dkt. 16].
2. Said Order provided that Plaintiffs were granted judgment against both
CMU Masonry Co., Inc. and Carl J. Colo in the amount of $24,602.67,
jointly and severally, on the audit period of August 2012 through March
2014.
3. Additionally, said Order also provided that Defendants shall submit their
books and records for audit covering the period of April 2014 through the
present within thirty (30) days of entry of the Order.

Said books and

records were provided and the audit was completed and published on May
2, 2017.
4. The Order further provided, in pertinent part, that upon completion of the
audit and on filing a copy of the auditor’s report and appropriate affidavits,
Plaintiffs shall have amended judgment against Defendants for all
contribution amounts as are found to be due upon an updated audit
through the present, 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 accumulated interest, court

costs, costs of the audit, and statutory attorneys fees, all pursuant to 29
U.S.C. 1132(g)(2).
5. Plaintiffs have provided a copy of the auditor’s report [Dkt. 21, Ex. 1],
along with an appropriate affidavit of the relevant auditor who completed
said audit report, who has personal knowledge of same in compliance with
this Honorable Court’s previous Order.
ACCORDINGLY, IT IS ORDERED that Plaintiffs shall have an Amended Order
for Default Judgment against Defendants CMU Masonry Co., Inc. and Carl J. Colo,
jointly and severally, pursuant to 29 U.S.C. 1132(g)(2), in the amount of $367,348.32,
consisting of $354,404.32 for unpaid fringe benefit contributions together with liquidated
damages and accumulated interest thereon, court costs of $541.00, and attorneys fees
of $12,403.00.
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.
SO ORDERED.

S/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE

Dated:

May 30, 2017

I hereby certify that a copy of the foregoing document was mailed to counsel of record
and/or pro se parties on this date, May 30, 2017, by electronic and/or ordinary mail.

S/Lisa Wagner
Case Manager and Deputy Clerk
[phone]