SOUTHEASTERN CARPENTERS AND MILLWRIGHTS HEALTH TRUST et al v. JJ DAY INC
| LARRY PHILLIPS, J KIRK MALONE, SOUTHEASTERN CARPENTERS AND MILLWRIGHTS HEALTH TRUST and SOUTHEASTERN CARPENTERS AND MILLWRIGHTS PENSION FUND |
| JJ DAY INC |
| 5:2013cv00025 |
| January 18, 2013 |
| US District Court for the Middle District of Georgia |
| Macon Office |
| Baker |
| Marc Thomas Treadwell |
| Labor: E.R.I.S.A. |
| 28 U.S.C. ยง 1001 E.R.I.S.A. |
| None |
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Filing
11
ORDER GRANTING 7 Motion for Default Judgment. the Court further ORDERS the following damages be awarded: (1) Unpaid contributions due to the health trust and pension fund for the months of September 2011, October 2011 and January 2012, pursuant to 29 U.S.C. § 1132(g)(2)(A), in the amount of $25,566.75; (2) Interest, in accordance with 29 U.S.C. § 1132(g)(2)(B), on all unpaid contributions in the amount of $8,985.80; (3) Additional statutory damages on unpaid contribution s pursuant to 29 U.S.C. § 1132(g)(2)(C), in the amount of $8,985.80; and (4) The Plaintiffs reasonable attorneys' fees and costs of this action, pursuant to 29 U.S.C. § 1132(g)(2)(D), through February 28, 2013, in the amount of $8,318.10. The sum of these damages is $51,856.45. Ordered by Judge Marc Thomas Treadwell on 4/23/2013. (tlh)
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Filing
9
ORDER: The Plaintiffs should file with the Court the relevant portions of the health trust and pension fund documents that provide for the collection and calculation of interest. Additionally, whether relying on these documents or 26 U.S.C. § 6621 and its related authority, the Plaintiffs should file with the Court their interest rate calculations in a manner that sets out how they arrived at the amounts they are requesting. Ordered by Judge Marc Thomas Treadwell on 3/25/2013. (tlh)
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