Trustees of Ohio Bricklayers Health and Welfare Fund et al v. Garrett Masonry, Inc. et al

Filing 25

MEMORANDUM OPINION AND ORDER; The court finds in favor of the plaintiffs and against the defendants, awarding $9,271.90 in delinquent contributions, $7,503.15 in delinquency assessments, and $13,805.70 in fees and costs, aggregating &# 036;30,580.75. Judgment shall be entered accordingly and this action is dismissed with prejudice and ordered struck from the docket. Signed by Judge John T. Copenhaver, Jr. on 1/4/2013. (cc: attys; defendants at 17 Frozen Camp Road, Leroy, WV 25252) (tmr)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
TRUSTEES OF OHIO BRICKLAYERS
HEALTH AND WELFARE FUND,
TRUSTEES OF OHIO BRICKLAYERS
PENSION FUND, TRUSTEES OF THE
INTERNATIONAL MASONRY INSTITUTE, and
TRUSTEES OF THE BRICKLAYERS AND TROWEL
TRADERS INTERNATIONAL PENSION FUND,
Plaintiffs,
v.

Civil Action No. 2:12-cv-00718

GARRETT MASONRY, INC., and
JEFF GARRETT,
Defendants.
MEMORANDUM OPINION AND ORDER
On June 14, 2012, the court granted the plaintiff’s
motion for default judgment against defendants Jeff Garrett and
Garrett Masonry, Inc.

On September 12, 2012, the plaintiffs

filed a proposed order detailing the damages owed by the
defendants.

In response, on September 21, 2012, the defendants

submitted paperwork indicating differing amounts.

On October

18, 2012, the court conducted a telephonic status conference to
address the potential dispute.

The plaintiffs were directed to

submit affidavits attesting to the accuracy of the audit
schedules accompanying their proposed order and the requested
award of attorneys’ fees within fourteen days.

The defendants

were then directed to respond within fourteen days of the

affidavits being filed.

The court noted that failure to respond

would result in the entry of a judgment order awarding the
plaintiffs $9,271.90 in delinquent contributions, $7,503.15 in
liquidated damages and interest, and all reasonable attorneys’
fees supported by affidavit.
The plaintiffs filed the requisite affidavits on
November 2, 2012, which describe reasonable attorneys’ fees of
$10,220.00, litigation costs of $756.20, and audit costs of
$2,829.50.

The defendants have not objected.

Accordingly, the court finds in favor of the
plaintiffs and against the defendants, awarding $9,271.90 in
delinquent contributions, $7,503.15 in delinquency assessments,
and $13,805.70 in fees and costs, aggregating $30,580.75.
Judgment shall be entered accordingly and this action is
dismissed with prejudice and ordered struck from the docket.
The Clerk is directed to forward copies of this order
to all counsel of record and to the defendants at 17 Frozen Camp
Road, Leroy, West Virginia, 25252.

DATED: January 4, 2013

John T. Copenhaver, Jr.
United States District Judge

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