Building Trades United Pension Trust Fund et al v. Don Praeger & Sons, Inc. et al

Filing 23

DEFAULT JUDGMENT in favor of Building & Public Works Laborers Vacation Fund, Building Trades United Pension Trust Fund, Industry Advancement Program/Contract Administration Fund, Wisconsin Laborers Apprenticeship and Training Fund, Wisconsin Laborer s District Council, Wisconsin Laborers Health Fund, Wisconsin Laborers Industry Advancement Program Fund, Wisconsin Laborers-Employers Cooperation and Education Trust Fund, John J. Schmitt, Scott J. Redman against Don Praeger & Sons, Inc. in the amount of $ 16,686.87. Signed by District Judge Barbara B. Crabb on 7/30/14. (jat)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WISCONSIN BUILDING TRADES UNITED PENSION TRUST FUND and SCOTT REDMAN (in his capacity as Trustee), INDUSTRY ADVANCEMENT ADMINISTRATION FUND, PROGRAM/CONTRACT WISCONSIN LABORERS HEALTH FUND, BUILDING & PUBLIC WORKS LABORERS VACATION FUND, WISCONSIN LABORERS APPRENTICESHIP AND TRAINING FUND, WISCONSIN LABORERS INDUSTRY ADVANCEMENT PROGRAM FUND and JOHN J. SCHMITT (in his capacity as Trustee), WISCONSIN LABORERS-EMPLOYERS COOPERATION AND EDUCATION TRUST FUND, WISCONSIN LABORERS DISTRICT COUNCIL, Plaintiffs, Case No. 14-cv-265 v. DON PRAEGER & SONS, INC. AND DONALD F. PRAEGER, JR. Defendants. ORDER AND ENTRY OF JUDGMENT AS TO DEFENDANT DON PRAEGER & SONS, INC. Request and motion for default judgment brought by the Plaintiffs in the abovecaptioned action were submitted to the Court and filed with the clerk. This action having come on hearing before the Court, the issues having been duly heard, and a decision having been duly rendered, the Court orders as follows: Case: 3:14-cv-00265-bbc Document #: 10-1 Filed: 07/02/14 Page 2 of 3 Defendant Don Praeger & Sons, Inc. has failed to plead or otherwise 1. defend as provided by Rule 55(a) of the Fed. R. Civ. P. 2. Defendant Don Praeger & Sons, Inc. violated the Labor-Management Relations Act of 1947, as amended, as well as the Employee Retirement Income Security Act of 1974, as amended, and the effective collective bargaining agreements by failing to pay fringe benefit contributions on behalf of its employees to the Plaintiff Funds. 3. As a result of Defendant's consisting of unpaid contributions, failure, Plaintiffs are entitled to damages interest, liquidated damages, attorney fees and costs. 4. The court assesses the total damages to the Plaintiffs in the sum of $16,686.87. IT IS HEREBY ORDERED AND ADJUDGED that the Plaintiffs, Building Trades United Pension Trust Fund, Scott Redman, Industry Advancement Program/Contract Administration & Public Works Laborers Fund, Wisconsin Vacation Laborers Fund, Wisconsin Laborers Wisconsin Laborers Industry Advancement Laborers-Employers Health Fund, Building Apprenticeship and Training Fund, Program Fund, John J. Schmitt, Wisconsin Cooperation and Education Trust Fund, and Wisconsin Laborers District Council recover from the Defendant Don Praeger & Sons, Inc. and that the Clerk of Court is directed to enter judgment in favor of Plaintiffs and against Defendant Don Praeger & Sons, Inc. in the amount of $16,686.87 together with interest at the rate allowed by law. Case: 3:14-cv-00265-bbc Document #: 10-1 Dated at Madison, Wisconsin, this ~c>"'day Dated and approved as to form this BY THE COURT: ~«A..-I- ~. ~ U. S. District Court Judge ~ of Filed: 07/02/14 of ~ Ij.....-.#A, ~ Page 3 of 3 ,2014. ,2014.

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