TRUSTEES OF THE NATIONAL ELEVATOR INDUSTRY PENSION, HEALTH BENEFIT, EDUCATIONAL, ELEVATOR INDUSTRY WORK PRESERVATION FUNDS, ELEVATOR CONSTRUCTORS ANNUITY et al v. THE ELEVATOR GUILD, INC. et al

Filing 19

MEMORANDUM AND ORDER THAT PLAINTIFF'S UNOPPOSED MOTION FOR SUMMARY JUDGMENT (#17) IS GRANTED AS TO DEFENDANT GOETTING'S LIABILITY. PLAINTIFF'S REQUEST FOR ATTORNEYS' FEES AND COSTS, AS SET FORTH IN THE MOTION FOR SUMMARY JUDGMENT, IS GRANTED. DEFENDANTS, THE ELEVATOR GUILD, LLC AND CHRISTIAN GOETTING, ARE JOINTLY AND SEVERALLY LIABLE FOR THE REASONABLE ATTORNEYS' FEES AND COSTS SOUGHT, IN THE TOTAL AMOUNT OF $8,966.25. AS PLAINTIFFS HAVE NOT ADEQUATELY SUBSTANTIATED THE OTHER DAMAGES REQUESTED, IT IS FURTHER ORDERED THAT PLAINTIFFS MUST SUBMIT SUPPLEMENTAL DOCUMENTATION OF DAMAGES ON OR BEFORE 2/7/13, WHICH SUBMISSION MUST OUTLINE THE AMOUNTS ALLEGEDLY OWED AND THE BASIS FOR THAT CALCULATION ON A MONTH-BY-MONTH BASIS. ANY RESPONSE FROM DEFENDANTS MUST BE FILED ON OR BEFORE 2/15/13. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 1/23/13. 1/24/13 ENTERED & E-MAILED. COPIES MAILED TO PRO SE DEFENDANTS. [fdc]

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ____________________________________ TRUSTEES OF THE NATIONAL : ELEVATOR INDUSTRY PENSION, : HEALTH BENEFIT, EDUCATIONAL, : ELEVATOR INDUSTRY WORK : PRESERVATION FUNDS, ELEVATOR : CONSTRUCTORS ANNUITY AND : 401(K) RETIREMENT PLAN, : Plaintiff, : : v. : : The Elevator Guild, LLC, et al., : Defendants. : ____________________________________ : CIVIL ACTION NO. 11-2870 ORDER AND NOW, this 23rd day of January 2013, upon consideration of Plaintiff’s unopposed Motion for Summary Judgment [Doc. No. 17], and for the reasons set forth in the accompanying Memorandum Opinion, it is hereby ORDERED that the Motion is GRANTED as to defendant Goetting’s liability. Plaintiff’s request for attorneys’ fees and costs, as set forth in the Motion for Summary Judgment, is GRANTED. Defendants, the Elevator Guild, LLC and Christian Goetting, are jointly and severally liable for the reasonable attorneys’ fees and costs sought, in the total amount of $8,966.25. As Plaintiffs have not adequately substantiated the other damages requested, it is further ORDERED that Plaintiffs must submit supplemental documentation of damages on or before February 7, 2013, which submission must outline the amounts allegedly owed and the basis for that calculation on a month-by-month basis. Any response from Defendants must be filed on or before February 15, 2013. It is so ORDERED. BY THE COURT: /s/ Cynthia M. Rufe CYNTHIA M. RUFE, J. -2-

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