Kansas City Cement Masons Pension Fund et al v. 360 Dirt Solutions Co., Inc.

Filing 17

ORDER assessing damages re 10 Order on Motion for Default Judgment Signed by District Judge Gary A. Fenner on 12/7/09. (Mitchell, Lisa)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION KANSAS CITY CEMENT MASONS PENSION FUND, et al., Plaintiffs, vs. 360 DIRT SOLUTIONS CO., INC., Defendant. ) ) ) ) ) ) ) ) ) ) Case No. 09-0295-CV-W-GAF ORDER On July 10, 2009, a default judgment was rendered against Defendant 360 Dirt Solutions Co., Inc. ("Defendant"). (Doc. #10). Thereafter, on November 18, 2009, the Court ordered Plaintiffs Kansas City Cement Masons Pension Fund, et al. ("Plaintiffs"), to submit affidavits on the issue of damages in lieu of a damages hearing. (Doc. #13). In response to the November 2009 Order, Plaintiffs filed affidavits in support of unpaid fringe benefit contributions, liquidated damages, interest, audit costs, and attorney's fees. (Doc. ##14-16). Upon review of these affidavits and their supporting documentation, the Court finds Plaintiffs have incurred damages in the following amounts: C C C C C For failure to pay fringe benefit contributions: $20,795.40; For liquidated damages: $4,159.09; For interest on unpaid fringe benefit contributions: $1,143.78; For audit costs: $11,577.50; and For attorney's fees and costs: $3,537.28. Accordingly, it is ORDERED that damages in the above-captioned case are assessed at $41,213.05. Defendant is directed to remit payment in the amount of $41,213.05 to Plaintiffs' counsel, Bradley J. Sollars of Arnold, Newbold, Winter & Jackson, P.C., within thirty (30) days of the date of this Order. s/ Gary A. Fenner Gary A. Fenner, Judge United States District Court DATED: December 7, 2009

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