BRICKLAYERS & ALLIED CRAFTWORKERS LOCAL 1 OF PA/DE et al v. TRUSTEES OF BRICKLAYERS & ALLIED CRAFTWORKERS LOCAL 1 OF PA/DE ANNUITY FUND et al

Filing 20

MEMORANDUM AND ORDER THAT PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT [#17] IS GRANTED. JUDGMENT IS HEREBY ENTERED IN FAVOR OF BRICKLAYERS AND ALLIED CRAFTWORKERS LOCAL 1 OF PA/DE, TRUSTEES OF BRICKLAYERS AND ALLIED CRAFTWORKERS LOCAL 1 OF PA/DE HEA LTH & WELFARE FUND, TRUSTEES OF BRICKLAYERS AND ALLIED CRAFTWORKERS LOCAL 1 OF PA/DE HEALTH & WELFARE FUND, TRUSTEES OF BRICKLAYERS AND ALLIED CRAFTWORKERS LOCAL 1 OF PA/DE JOINT APPRENCTICES & TRAINING FUND, TRUSTEES OF BRICKLAYERS AND ALLIED CRAFTW ORKERS LOCAL 1 OF PA/DE ANNUITY FUND, TRUSTEES OF BRICKLAYERS AND ALLIED CRAFTWORKERS LOCAL 1 OF DE PENSION FUND, AND TRUSTEES OF BRICKLAYER & TROWEL TRADES INTERNATIONAL PENSION FUND. JUDGMENT IS HEREBY ENTERED AGAINST PENN VALLEY TILE, INC. AND HOW ARD GRABEL, JOINTLY AND SEVERALLY, IN THE AMOUNT OF: 1. $6,154.14 IN PRINCIPAL LOCAL BENEFIT FUND CONTRIBUTIONS; $3,078.51 IN INTEREST ON LATE PAID LOCAL BENEFIT FUND CONTRIBUTIONS; AND $615.41 IN LIQUIDATED DAMAGES ON LOCAL BENEFIT FU ND CONTRIBUTIONS; $6,142.59 IN PRINCIPAL CONTRIBUTIONS FOR THE INTERNATIONAL BENEFIT FUNDS; $3,979.42 IN INTEREST; AND $1,041.15 IN LIQUIDATED DAMAGES ON INTERNATIONAL BENEFIT FUND CONTRIBUTIONS; $10,573.87 FOR HOURLY CONTRIBUTION S REPORTED AND PAID TO THE INTERNATIONAL FUNDS FOR THE MONTH OF AUGUST 2012 THAT PENN VALLEY FAILED TO REPORT AND PAY TO THE BAC-1 LOCAL FUNDS, INTEREST IN THE AMOUNT OF $4,554.52; AND LIQUIDATED DAMAGES IN THE AMOUNT OF $1,057.39 ON THESE UNPAID CONTRIBUTIONS; FOR ANY CONTRIBUTIONS AND INTEREST THAT BECOME DUE AND OWING, WHETHER REPORTED AND/OR UNREPORTED, THROUGH THAT DATE OF THE JUDGMENT. JUDGMENT IS HEREBY ENTERED AGAINST PENN VALLEY TILE, INC. IN THE AMOUNT OF: 1. $4,925.62 T O THE LOCAL FUNDS AND $801.85 TO THE INTERNATIONAL FUNDS FOR AUDIT COSTS; FOR ATTORNEYS' FEES, AND COURT COSTS TO BE DETERMINED AT THE END OF THIS LITIGATION. THE CLERK'S OFFICE IS HEREBY DIRECTED TO CLOSE THIS MATTER. SIGNED BY HONORABLE C. DARNELL JONES, II ON 3/28/16. 3/29/16 ENTERED & E-MAILED.(fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
BRICKLAYERS AND ALLIED
CRAFTWORKERS LOCAL 1 OF
PA/DE, et al.,
Plaintiffs,
v.
PENN VALLEY TILE, INC.,
and HOWARD GRABEL,
Defendants.

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CIVIL ACTION
NO. 14-3248

ORDER
AND NOW, this 28th day of March, 2016, upon consideration of Plaintiffs’ Motion for
Summary Judgment (MSJ) (Dkt No. 17), including Plaintiffs’ Statement of Undisputed Material
Facts (SUMF), it is hereby ORDERED that the Court GRANTS Plaintiffs’ Motion for
Summary Judgment.

JUDGMENT is hereby ENTERED in favor of Bricklayers and Allied Craftworkers
Local 1 of PA/DE, Trustees of Bricklayers and Allied Craftworkers Local 1 of PA/DE Health &
Welfare Fund, Trustees of Bricklayers and Allied Craftworkers Local 1 of PA/DE Joint
Apprentices & Training Fund, Trustees of Bricklayers and Allied Craftworkers Local 1 of
PA/DE Annuity Fund, Trustees of Bricklayers and Allied Craftworkers Local 1 of DE Pension
Fund, and Trustees of Bricklayer & Trowel Trades International Pension Fund.

JUDGMENT is hereby ENTERED against Penn Valley Tile, Inc. and Howard Grabel,
jointly and severally, in the amount of:
1. $6,154.14 in principal Local Benefit Fund contributions; $3,078.51 in interest
on late paid Local Benefit Fund contributions; and $615.41 in liquidated
damages on Local Benefit Fund contributions;
2.

$6,142.59 in principal contributions for the International Benefit Funds;
$3,979.42 in interest; and $1,041.15 in liquidated damages on International
Benefit Fund contributions;

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3. $10,573.87 for hourly contributions reported and paid to the International
Funds for the month of August 2012 that Penn Valley failed to report and pay
to the BAC-1 Local Funds, interest in the amount of $4,554.52; and liquidated
damages in the amount of $1,057.39 on these unpaid contributions;
4. For any other contributions and interest that become due and owing, whether
reported and/or unreported, through the date of the Judgment.

JUDGMENT is hereby ENTERED against Penn Valley Tile, Inc., in the amount of:
1. $4,925.62 to the Local Funds and $801.85 to the International Funds for audit
costs;
2. For attorneys’ fees, and court costs to be determined at the end of this
litigation.

The Clerk’s Office is hereby directed to CLOSE this matter.

BY THE COURT:

/s/ C. Darnell Jones, II
C. DARNELL JONES, II

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