IBEW Local Union 82 et al v. Bright Street Electric

Filing 14

DEFAULT JUDGMENT in favor of IBEW Local Union 82, IBEW Local Union 82 Health and Welfare Fund, IBEW Local Union 82 Joint Pension Plan against Bright Street Electric. Signed by Judge Thomas M. Rose on 4/28/15. (ep)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
IBEW LOCAL UNION 82, et. al.,
Plaintiffs,
vs.

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CASE NO. 3:14-CV-99

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JUDGE THOMAS ROSE

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BRIGHT STREET, LLC,
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JUDGMENT ENTRY

Defendant.
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________________________________________________________________________
WHEREAS, on November 21, 2014, the Court granted Plaintiffs IBEW Local
Union 82, IBEW Local 82 Health & Welfare Fund, and IBEW Local 82 Joint Pension
Plan’s (“Plaintiffs”) Motion for Default Judgment;
WHEREAS, the Order Granting Plaintiffs’ Motion for Default Judgment (Doc.
#11) granted Plaintiffs judgment against Defendant Bright Street, LLC (“Defendant”) and
ordered Defendant to submit to an audit of its records to permit Plaintiffs to determine the
amounts owed to the Plaintiffs;
WHEREAS, pursuant to the Order Granting Plaintiffs’ Motion for Default
Judgment, Plaintiffs were entitled to a Judgment Entry upon the filing of an Affidavit of
amounts owed;
WHEREAS on March 27, 2015, Plaintiffs filed an Affidavit of amount owed,
along with supporting documentation;
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NOW THEREFORE, upon Plaintiffs’ compliance with the Court’s Order
Granting Plaintiffs’ Motion for Default Judgment and for good cause shown, judgment is
hereby ordered against the Defendant; and
IT IS HEREBY ORDERED that Judgment is entered on behalf of the Plaintiffs
and against the Defendant as follows:
Unpaid contributions, delinquency fees, interest,
and liquidated damages for Health & Welfare
(July 2013-December 2014):

$20,671.07

Unpaid contributions, delinquency fees, interest,
and liquidated damages for the Pension Plan
(July 2013-December 2014):

$42,773.04

Auditing Fees:

$7,500.00

Attorney’s Fees:

$5,477.00

Costs:

$400.00

Payment Made by Defendant:

($1,269.73)

Total:

$75,551.38

IT IS FURTHER ORDERED that Plaintiffs are entitled to ongoing interest in
the amount of one percent (1%) per month from March 1, 2015 until the unpaid
contributions are paid in full and additional attorney’s fees incurred in collecting the
judgment amount.
ENTERED:
By:
April 28, 2015
_____________________________
DATE

s/Thomas M. Rose
UNITED STATES DISTRICT JUDGE
THOMAS M. ROSE

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Prepared by the Attorney for Plaintiffs:
David M. Pixley, Esq.
Ledbetter, Parisi, Sollars LLC
9240 Market Place Drive
Miamisburg, Ohio 45342
937.619.0900 (ph)
937.619.0999 (fx)

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