Trustees of the Roofers and Waterproofers Local No. 44 Pension Plan et al v. Southwest Refinishers, Inc. .
Filing 53
Memorandum Opinion. The Motion for Summary Judgment filed by the Funds (Docket # 36 ) is hereby GRANTED in its entirety. The Funds are hereby entitled to an award of unpaid fringe benefit contributions found due and owing for the period of Jan uary 1, 2016 through June 30, 2019 in the amount of $4,688,456.59; a delinquency assessment of 10% of the amount due ($468,845.66) plus 2% interest per month thereafter; court costs, attorneys' fees and other expenses incurre d by the Trustees in the collection of the delinquent contributions (to be briefed separately); and, the costs of the audit and exan1ination given the substantial deficiency in payments ($1,833.00). The Funds shall submit a detailed Motion for Attorneys' Fees, Costs and Expenses within 14 days of this Judgment. Southwest shall have 14 days thereafter to respond. IT IS SO ORDERED. Judge Donald C. Nugent on 1/29/2021. (M,S)
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
