Carpenters District Council of Kansas City Pension Fund et al v. Approved Construction & Tile, Inc.

Filing 28

ORDER granting 25 motion for Damages. Signed on 7/30/10 by District Judge Gary A. Fenner. (Mitchell, Lisa)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION CARPENTERS DISTRICT COUNCIL OF KANSAS CITY PENSION FUND, a Trust Fund, et al., Plaintiffs, vs. APPROVED CONSTRUCTION & TILE, INC., Defendant. ) ) ) ) ) ) ) ) ) ) ) )

Case No. 09-0753-CV-W-GAF

ORDER GRANTING MOTION FOR DAMAGES Now before the Court is Plaintiffs' Motion for Damages, filed on June 22, 2010. (Doc. # 25). On July 14, 2010, this Court ordered Defendant Approved Construction & Tile, Inc. to show cause on or before July 29, 2010, why Plaintiffs' Motion should not be granted. (Doc. # 27). To date, no response to the Motion or the Order to Show Cause has been filed. Accordingly, Plaintiffs' Motion is GRANTED and it is ORDERED that Defendant Approved Construction & Tile, Inc. shall remit payment to counsel for Plaintiffs, Michael G. Newbold, Arnold, Newbold, Winter & Jackson, P.C., 1125 Grand Avenue, Suite 1600, Kansas City, Missouri, 64106, within thirty (30) days from the date of this Order in the following amounts: 1. In favor of Plaintiff Carpenters District Council of Kansas City Pension Fund and against Defendant for unpaid contributions, in the amount of FOURTEEN THOUSAND, SIX HUNDRED TWENTY-NINE AND 90/100 ($14,629.90) DOLLARS; for liquidated damages in the amount of TWO THOUSAND, NINE HUNDRED TWENTY-SIX AND 01/100 ($2,926.01) DOLLARS;, for interest in the amount of EIGHT HUNDRED FORTY-

FOUR AND 01/100 ($844.01) DOLLARS; audit costs in the amount of EIGHT THOUSAND, THIRTY-FIVE AND 50/100 ($8,035.50) DOLLARS; and for reasonable attorney's fees and costs incurred in the prosecution of this action in the amount of THREE THOUSAND, THREE HUNDRED EIGHTY-SEVEN AND 79/100 ($3,387.79) DOLLARS; for a total of TWENTY-NINE THOUSAND, EIGHT HUNDRED TWENTY-THREE AND 21/100 ($29,823.21) DOLLARS. 2. In favor of Plaintiff Carpenters District Council of Kansas City and Vicinity Welfare Fund and against Defendant for unpaid contributions in the amount of EIGHTEEN THOUSAND, NINE HUNDRED SEVENTY-SEVEN AND 47/100 ($18,977.47) DOLLARS; for liquidated damages in the amount of THREE THOUSAND, SEVEN HUNDRED NINETY-FIVE AND 52/100 ($3,795.52) DOLLARS; for interest in the amount of ONE THOUSAND, NINETY-FOUR AND 67/100 ($1,094.67) DOLLARS; audit costs in the amount of FOUR THOUSAND, NINE HUNDRED FIFTY-FIVE AND 23/100 ($4,955.23) DOLLARS; and for reasonable attorney's fees and costs incurred in the prosecution of this action in the amount of TWO THOUSAND, EIGHTY-NINE AND 14/100 ($2,089.14) DOLLARS; for a total of THIRTY THOUSAND, NINE HUNDRED TWELVE AND 03/100 ($30,912.03) DOLLARS. 3. In favor of Plaintiff Carpenters District Council of Kansas City and Vicinity Apprenticeship and Training Fund and against Defendant for unpaid contributions in the amount of ONE THOUSAND, THREE HUNDRED SEVENTY-THREE AND 62/100 ($1,373.62) DOLLARS; for liquidated damages in the amount of TWO HUNDRED SEVENTY-FOUR AND 73/100 ($274.73) DOLLARS; for interest in the amount of SEVENTY-NINE AND 24/100 ($79.24) DOLLARS; audit costs in the amount of TWO HUNDRED SIXTY-SEVEN

AND 85/100 ($267.85) DOLLARS; and for reasonable attorney's fees and costs incurred in the prosecution of this action in the amount of ONE HUNDRED TWELVE AND 91/100 ($112.91) DOLLARS; for a total of TWO THOUSAND, ONE HUNDRED EIGHT AND 35/100 ($2,108.35) DOLLARS. 4. In favor of Plaintiff Carpenters District Council of Kansas City and Vicinity Vacation Fund and against Defendant for unpaid contributions in the amount of SIX THOUSAND, THREE HUNDRED TWENTY-FIVE AND 85/100 ($6,325.85) DOLLARS; for liquidated damages in the amount of ONE THOUSAND, TWO HUNDRED SIXTY-FIVE AND 20/100 ($1,265.20) DOLLARS; for interest in the amount of THREE HUNDRED SIXTY-FOUR AND 89/100 ($364.89) DOLLARS; audit costs in the amount of ONE HUNDRED THIRTY-THREE AND 92/100 ($133.92) DOLLARS; and for reasonable attorney's fees and costs incurred in the prosecution of this action in the amount of FIFTY-SIX AND 47/100 ($56.47) DOLLARS; for a total of EIGHT THOUSAND, ONE HUNDRED FORTY-SIX AND 33/100 ($8,146.33) DOLLARS.1 s/ Gary A. Fenner Gary A. Fenner, Judge United States District Court DATED: July 30, 2010

The total amount of damages is SEVENTY THOUSAND, NINE HUNDRED EIGHTY-NINE AND 92/100 ($70,989.92) DOLLARS.

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