Upstate New York Engineers Health Fund et al v. Ransom et al

Filing 25

DEFAULT JUDGMENT in favor of Central Pension Fund of the International Union of Operating Engineers and Participating Employers, Local 106 Training and Apprenticeship Fund, Upstate New York Engineers Health Fund, Upstate New York Engineers Pension Fund, Upstate New York Engineers S.U.B. Fund, Upstate New York Engineers Training Fund, Upstate New York Operating Engineers, Local Union No. 158 against Running Deer Construction Canada Corp., Wallace Abe Ransom. (ban, )

* * * * * UNITED STATES DISTRICT COURT * * * * *
NORTHERN

DISTRICT OF

NEW YORK

DEFAULT JUDGMENT
IN A CIVIL CASE

UPSTATE NEW YORK ENGINEERS
HEALTH FUND, by Daniel P. Harrigan, as
Administrator; UPSTATE NEW YORK ENGINEERS
PENSION FUND, by Daniel P. Harrigan, as
Administrator; UPSTATE NEW YORK
ENGINEERS S.U.B. FUND, by Daniel P.
Harrigan, as Administrator; UPSTATE NEW
YORK ENGINEERS TRAINING FUND, by
Theron Hogle and Eugene Hallock, as Trustees;
CENTRAL PENSION FUND OF THE
INTERNATIONAL UNION OF OPERATING
ENGINEERS AND PARTICIPATING EMPLOYERS,
by Michael R. Fanning, as Chief Executive Officer;
LOCAL 106 TRAINING AND APPRENTICESHIP
FUND, by Daniel J. McGraw and Eugene Hallock,
as Trustees; UPSTATE NEW YORK OPERATING
ENGINEERS, LOCAL UNION NO. 158, by
Theron Hogle, as President, ,
Plaintiffs,
vs.
5:13-CV-1434
(MAD/ATB)
WALLACE ABE RANSOM, Individually
and d/b/a Running Deer Corporation;
RUNNING DEER CONSTRUCTION
CANADA CORP.,
Defendants.

DECISION by COURT. This action came to trial or hearing before the
XX
Court. The issues have been tried and a decision has been rendered.

IT IS ORDERED AND ADJUDGED that Plaintiffs' motion for entry of default
judgment is GRANTED; and the Court further ORDERS that Plaintiffs are
awarded default judgment against Defendants for the sum of $128,674.54
including $66,500.76 in unpaid contributions and deductions, $27,454.77 in
interest for the period from November 15, 2011 through May 20, 2014,
$27,069.92 in liquidated damages, and $7,649.09 in attorneys' fees and costs;
prejudgment interest and liquidated damages for the period from May 21, 2014
through today's date at the rates provided for by 29 U.S.C. 1132(g)(2) and the
Trusts and Collections Policy; and interest thereon at the rate provided for by 28
U.S.C. § 1961(a); and the Court further ORDERS that Defendants are required to
produce their books and records for the period from May 2011 to date for
Plaintiffs' review and audit, and to pay the cost and expense of such audit,
including all attorneys' and paralegal fees and costs incurred in obtaining the
audit; and the Court further ORDERS that the Court shall retain jurisdiction in
this matter until Plaintiffs complete their audit of Defendants' books and records;
and the Court further ORDERS that within THIRTY (30) DAYS of the
completion of the audit, Plaintiffs shall move for entry of judgment against
Defendants for any and all contributions and deductions that are determined to be
due as a result of the audit, plus the applicable interest thereon, liquidated
damages, costs and expenses of collection, and attorneys' and paralegal fees
associated therewith; and the Court further ORDERS that the Clerk of the Court
shall enter judgment in Plaintiffs' favor, all in accordance with the MemorandumDecision and Order of the Honorable Mae A. D’Agostino, U.S. District Judge,
signed January 12, 2015.

DATE: January 12, 2015

By: s/Britney Norton
Deputy Clerk