Evans-Dixon v. MRL Plumbing, LLC et al

Filing 16

ORDER granting 13 Motion for Default Judgment. IT IS THEREFORE ORDERED that the Court enter Default Judgment against MRL Plumbing, LLC and Patty Lobdell, jointly and severally, in the amount of $18,599.56. Signed by District Judge Robert J. Conrad, Jr on 4/24/2019. (brl)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:17-cv-00163-RJC-DCK
DARRYL EVANS-DIXON,

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Plaintiff,
v.
MRL PLUMBING, LLC and PATTY
LOBDELL,
Defendants.

ORDER

THIS MATTER comes before the Court on Plaintiff’s Motion for Default
Judgment in the amount of $18,599.56, (Doc. No. 13), and the associated briefs and
exhibits. After Entry of Default, Defendant Lobdell filed for bankruptcy in the
District Court of South Carolina. That court sustained Plaintiff’s objection to
discharge of the claims in this action in bankruptcy and entered a default judgment
in that court against Lobdell. That Default Judgment is incorporated here against
both Defendants and is comprised of the following:
(i)

$5,800 cumulatively for daily fines of $100 under 29 U.S.C.
§§ 1021(d)(1), 1132(c)(3) from November 30, 2016 to January 27,
2017 for failure to provide notice of non-payment of group health
insurance premiums;

(ii)

$1,718.78 for thirteen (13) insurance premiums deducted unlawfully
under the NC Wage and Hour Act, N.C.G.S. §§ 95-25.22(a) and 95-

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25.8(a), and unlawfully under ERISA, 29 U.S.C. §§ 1109; 1132(a)(2),
in the total amount of $1550.25, plus interest of $168.53 accrued at
8.00% per annum from the date of each unlawfully withheld amount
under N.C.G.S. § 95-25.22(a);
(iii)

liquidated damages of $1,718.78 under N.C.G.S. § 95-25.22(a1); and

(iv)

attorneys’ fees and costs in the amount of $9,362.00 under 29 U.S.C.
§1132(g) and N.C.G.S. § 95-25.22(d).

IT IS THEREFORE ORDERED THAT the Court enter Default Judgment
against MRL Plumbing, LLC and Patty Lobdell, jointly and severally, in the
amount of $18,599.56. If either Default Judgment, in this Court or Bankruptcy
Court, is satisfied, then that will satisfy both judgments.
SO ORDERED.

Signed: April 24, 2019

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