Kelly et al v. Gas Field Specialists, Inc.

Filing 55

ORDER & JUDGMENT (Memorandum 54 filed previously as separate docket entry) - JUDGMENT ENTERED in favor of the Funds & against Gas Field as follows: a. Gas Field shall pay to Pension Fund following amts: $646,021.14 in delinquent contributions, $96,903.17 in liquidated damages & $184,608.17 in interest; b. Gas Field shall pay to Annuity Fund following amts: $248,055.66 in delinquent contributions, $37,208.35 in liquidated damages & $70,993.25 in interest; c. Gas Fi eld shall pay to Health & Welfare Fund following amts: $648,467.35 in delinquent contributions, $97,270.10 in liquidated damages & $185,893.68 in interest. - The Funds may file any petition for attys' fees & costs w/in 20 days of date of this order in acc w/ FRCP 54(d) & Local Rules of court. (See order & jdgmt for complete details.) Signed by Chief Judge Christopher C. Conner on 7/5/17. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
FRANK KELLY and TODD C. RAY,
As Trustees of the PLUMBERS
AND PIPEFITTERS LOCAL NO.
520 HEALTH AND WELFARE
FUND; PLUMBERS AND
PIPEFITTERS LOCAL NO. 520
PENSION FUND; PLUMBERS
AND PIPEFITTERS LOCAL NO.
520 ANNUITY FUND,
Plaintiffs
v.
GAS FIELD SPECIALISTS, INC.,
Defendant

:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:

CIVIL ACTION NO. 1:14-CV-4
(Chief Judge Conner)

ORDER & JUDGMENT
AND NOW, this 5th day of July, 2017, upon consideration of the court’s
memorandum and order (Docs. 35, 36) granting the motion (Doc. 21) for summary
judgment of plaintiffs Frank Kelly and Todd C. Ray, (collectively, “the trustees”)
as trustees of the Plumbers and Pipefitters Local No. 520 (“Local 520”) Health
and Welfare Fund, Pension Fund, and Annuity Fund, (collectively, “the Funds”),
and denying the motion (Doc. 27) for summary judgment by defendant Gas Field
Specialists, Inc. (“Gas Field”), but deferring judgment pending a determination of
damages, (Doc. 36), and, for the reasons stated in the accompanying memorandum,

the court finding that the Funds are entitled to all damages outlined in the parties’
joint stipulation of facts, (see Doc. 50), is hereby ORDERED that:
1.

Judgment is ENTERED in favor of the Funds and against Gas Field as
follows:
a.

b.

Gas Field shall pay to the Annuity Fund the following amounts:
$248,055.66 in delinquent contributions, $37,208.35 in liquidated
damages, and $70,993.25 in interest; and

c.

2.

Gas Field shall pay to the Pension Fund the following amounts:
$646,021.14 in delinquent contributions, $96,903.17 in liquidated
damages, and $184,608.17 in interest;

Gas Field shall pay to the Health and Welfare Fund the
following amounts: $648,467.35 in delinquent contributions,
$97,270.10 in liquidated damages, and $185,893.68 in interest.

The Funds may file any petition for attorneys’ fees and costs within
twenty (20) days of the date of this order in accordance with Federal
Rule of Civil Procedure 54(d) and the Local Rules of this court.

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania