Faust et al v. Summit Sheet Metal, LLC

Filing 36

ORDER (memorandum filed previously as separate docket entry). (1) JUDGMENT is ENTERED in favor of Plaintiffs and against Defendant for unpaid contributions, liquidated damages, and interest as follows:(A) Defendant shall pay delinquent contributions for the months of May 2013through December 2014 in the following amounts: $17,779.50 to thePension Fund; $11,257.00 to the Annuity Fund; $31,274.10 to the WelfareFund; and $2,965.30 to the Education Fund, totaling $63,275.90 in unpaidcontributions.(B) Defendant shall pay liquidated damages to the Funds in the amount of$3,163.78.(C) Defendant shall pay interest to the Funds in the amount of $40,819.00.(2) Plaintiffs may file a petition for attorneys fees and cos ts within twenty-one (21)days from the date of entry of this Order in accordance with Federal Rule of Civil Procedure 54(d) and this Courts Local Rules. To the extent such a petition is filed, Defendant shall have fourteen (14) days to file an opposition to the petition if desired and Plaintiffs shall have fourteen (14) days to file a reply thereto, if any. (3) The Clerk of Court is directed to mark this case as CLOSED.Signed by Honorable A. Richard Caputo on 1/25/18. (dw)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
WARREN FAUST and LORI
ESHENAUR, as Trustees of the
SHEET METAL WORKERS LOCAL
44 RETIREMENT INCOME PLAN,
SHEET METAL WORKERS LOCAL
44 ANNUITY FUND, SHEET
METAL WORKERS LOCAL 44
WELFARE FUND, and SHEET
METAL INDUSTRY EDUCATION
FUND,

NO. 3:14-CV-0607
(JUDGE CAPUTO)

Plaintiffs,
v.
SUMMIT SHEET METAL, LLC,
Defendant.
ORDER AND JUDGMENT
NOW, this 25th day of January, 2018, and for the reasons stated in the
accompanying memorandum, IT IS HEREBY ORDERED that:
(1)

Judgment is ENTERED in favor of Plaintiffs and against Defendant for unpaid
contributions, liquidated damages, and interest as follows:
(A)

Defendant shall pay delinquent contributions for the months of May 2013
through December 2014 in the following amounts: $17,779.50 to the
Pension Fund; $11,257.00 to the Annuity Fund; $31,274.10 to the Welfare
Fund; and $2,965.30 to the Education Fund, totaling $63,275.90 in unpaid
contributions.

(B)

Defendant shall pay liquidated damages to the Funds in the amount of
$3,163.78.

(C)
(2)

Defendant shall pay interest to the Funds in the amount of $40,819.00.

Plaintiffs may file a petition for attorneys’ fees and costs within twenty-one (21)

days from the date of entry of this Order in accordance with Federal Rule of
Civil Procedure 54(d) and this Court’s Local Rules. To the extent such a
petition is filed, Defendant shall have fourteen (14) days to file an opposition
to the petition if desired and Plaintiffs shall have fourteen (14) days to file a
reply thereto, if any.
(3)

The Clerk of Court is directed to mark the case as CLOSED.

/s/ A. Richard Caputo
A. Richard Caputo
United States District Judge

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