Ohio & Vicinity Carpenters Fringe Benefit Funds, Inc. v. NPS
Filing
9
ORDER FOR DEFAULT JUDGMENT AGAINST DEFENDANT NPS F/K/A SOLID ROCK CONSTRUCTION granting 8 Motion for Default Judgment. Signed by Judge Thomas M. Rose on 5/22/17. (pb)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
OHIO & VICINITY CARPENTERS'
FRINGE BENEFIT FUNDS, INC.,
Case No. 3:16‐cv‐498
Plaintiff,
Hon. Thomas M. Rose
v.
NPS f/k/a SOLID ROCK CONSTRUCTION,
Defendant.
______________________________________________________________________________
ORDER FOR DEFAULT JUDGMENT AGAINST DEFENDANT
NPS F/K/A SOLID ROCK CONSTRUCTION
______________________________________________________________
Upon Default (Doc 7) being entered by this Court against Defendant NPS F/K/A SOLID
ROCK CONSTRUCTION, and the Court being otherwise fully advised of the premises;
IT IS HEREBY ORDERED that:
A.
Judgment is entered against Defendant NPS F/K/A SOLID ROCK CONSTRUCTION
(Motion for Default Judgment Filed on March 30, 2017/Doc. 8).
B.
That Defendant, NPS F/K/A SOLID ROCK CONSTRUCTION, open the company’s
books and records within 14 days of entry of this Judgment in order for Plaintiff to
conduct a complete audit through the present to determine the amount due and owing
Plaintiff in unpaid contributions.
C.
This matter is referred to Magistrate Judge Ovington for further proceedings in
accordance with this Order to make recommendations on all amounts determined to be
due.
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D.
That the Court will amend its Judgment to include an amount determined due
pursuant to the audit. Further, the Court shall amend this Judgment to include the
mandates of 29 USC §1132(g)(2) on all amounts determined due herein and the updated
audit, upon further submissions to this Honorable Court by Plaintiffs.
E.
That the Defendants are enjoined from any further breach of the Collective
Bargaining Agreement as same relates in any way to the payment of contributions to
Plaintiff Fund.
F.
That jurisdiction of this matter be retained pending compliance with the Court’s
orders.
May 22, 2017
*s/Thomas M. Rose
______________________________
Judge Thomas M. Rose
United States District Court
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