PRODUCTION SERVICE & SALES DISTRICT COUNCIL PENSION FUND AND ITS BOARD OF TRUSTEES v. STERLING MANOR, INC. et al

Filing 10

ORDER granting 9 Motion for Default Judgment. Defendants shall pay the amount of $317,021.48 in damages to plaintiffs. Signed by Judge Joel A. Pisano on 6/9/2014. (kas )

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COURTESY COPY

ORIGiNAL HLED BY ECf
David R. Hock
COHEN, WEISS AND SIMON LLP
330 West 42nd Street
New York, NY 10036-6976
212-356-0220
Attorneys for Plaintiffs

RECEIVED
JUN 10 2014

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

AT 8·30
M
WILLIAM T. WALSH CLERK

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PRODUCTION SERVICE & SALES DISTRICT
DOCUMENT
COUNCIL PENSION FUND AND ITS BOARD OF : ELECTRONICALLY
TRUSTEES,
FILED
Plaintiffs,

Civil Action No.
14-cv-00532 (JAP) (TJB)

vs.
STERLING MANOR, INC., BROADWAY
HEALTHCARE MANAGEMENT, L.L.C., H.W.
WEIDCO/STER LLC, H.W. WEIDCO/REN LLC,
AND OCEANA REHAB AND NURSING LLC,
Defendants.

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DEFAULT JUDGMENT
This action having been commenced by the filing of the Complaint; a copy of the
Summons and Complaint having been served on Defendants on February 7, 2014 by personal
service; proof of service having been filed with the Court on February 20, 2014; the Defendants
not having answered the Complaint; and the time for answering the Complaint having expired;
the Defendants' default having been entered; the default being willful because of the failure of
Defendants to answer, prejudicial to the plaintiff in light of the statutory policy favoring the
efficacious resolution of collection actions by employee benefit funds under ERISA; and the
Defendants lacking a meritorious defense;

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,
NOW, upon application of plaintiff and upon the Declaration of Glen Shaffer and
the Declaration of David R. Hock, setting forth the amounts that the Company is indebted to
plaintiffs, it is hereby
ORDERED, ADJUDGED AND DECREED that
The Defendants are liable for and shall pay the amount of $31 7, 021.48 in
damages to plaintiffs, which amount represents withdrawal liability, interest, liquidated damages,
and attorney's fees and costs incurred in connection with this proceeding, as follows:
(a)

$250,344.00 in withdrawal liability; and

(b)

$11,172.89 in interest at the rate of9% per annum on all remaining
withdrawal liability amounts from the date of accrual to April 7,
2014;and

(c)

$143.02 in interest on the late paid August 1, 2013 quarterly
payment received on November 25; 2013; and

(d)

$50,680.80 in liquidated damages; and

(e)

$5,292.75 in attorney's fees and costs for the prosecution of this
action.

SO ORDERED.

Dated:

::J~~ ?, 111
Trenton, New Jersey
U.S.D.J.

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