Trustees of the Teamsters Union Pension Trust Fund v. Enterprise Trucking and Waste Hauling Inc

Justia Dockets & Filings Seventh Circuit Indiana Northern District Trustees of the Teamsters Union Pension Trust Fund v. Enterprise Trucking and Waste Hauling Inc

Trustees of the Teamsters Union Pension Trust Fund v. Enterprise Trucking and Waste Hauling Inc

Plaintiff:	Local No 142 Trustees of the Teamsters Union Pension Trust Fund
Defendant:	Enterprise Trucking and Waste Hauling Inc
Case Number:	2:2007cv00433
Filed:	December 14, 2007
Court:	US District Court for the Northern District of Indiana
Office:	Hammond Office
County:	Lake
Presiding Judge:	Andrew P Rodovich
Presiding Judge:	Joseph S Van Bokkelen
Nature of Suit:	Labor: E.R.I.S.A.
Cause of Action:	29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits
Jury Demanded By:	None

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Date Filed	Document Text
February 6, 2009	Filing 27 OPINION AND ORDER, granting 23 MOTION for Summary Judgment filed by Local No 142 Teamsters Union Pension Trust Fund Trustees of. First, Plaintiffs are entitled to the withdrawal liability in the amount of $330,735.00. (Smith Aff. at 7). Second , The Restated Trust Agreement and Declaration of Trust to which Enterprise is bound pursuant to the CBA, and the Employer Contribution Collection Policy require Enterprise to pay interest in the amount of 10% per annum, which is equivalent to.8 3% per month. (Smith Aff. at 13). Interest thus accrues at the rate of $2,745.10 per month($330,735.00 x.83% = $2,745.10), which makes the total amount of interest which has accrued from November 28, 2007, through August 28, 2008 amount to $24,705.90 ( $2,745.10 x 9 months = $24,705.90). (Smith Aff. at 13). Third, the Restated Trust Agreement and Declaration of Trust and the Employer Collection Policy require Enterprise to pay liquidated damages in the amo unt of 20%, thus totaling $66,147.00 ($330,735.00 x 20% = $66,147.00). (Smith Aff. at 14). Finally, the Restated Trust Agreement and Declaration of Trust and the Employer Collection Policy require Enterprise to pay attorney f ees and costs, which to the date of the filing of the summary judgment motion amounts to $5,103.83. (Smith Aff. at 15). As a result, the total amount owed to the Pension Trust Fund by Enterprise for withdrawal liability, accrued interest, liquid ated damages, and attorney fees and costs (as of the date of the filing of the motion for summary judgment) is $426,691.73. (Smith Aff. at 16).On the basis of the foregoing, the Trustees motion for summary judgment [DE 23] is hereby GRANTED. The Trustees may, if desired, file an updated request for additional interest and attorney fees within 30 days of the date of this order.***Civil Case Terminated. Signed by Judge William C Lee on 2/6/09. (kjp)

Date Filed

Document Text

February 6, 2009

Filing 27 OPINION AND ORDER, granting 23 MOTION for Summary Judgment filed by Local No 142 Teamsters Union Pension Trust Fund Trustees of. First, Plaintiffs are entitled to the withdrawal liability in the amount of $330,735.00. (Smith Aff. at 7). Second , The Restated Trust Agreement and Declaration of Trust to which Enterprise is bound pursuant to the CBA, and the Employer Contribution Collection Policy require Enterprise to pay interest in the amount of 10% per annum, which is equivalent to.8 3% per month. (Smith Aff. at 13). Interest thus accrues at the rate of $2,745.10 per month($330,735.00 x.83% = $2,745.10), which makes the total amount of interest which has accrued from November 28, 2007, through August 28, 2008 amount to $24,705.90 ( $2,745.10 x 9 months = $24,705.90). (Smith Aff. at 13). Third, the Restated Trust Agreement and Declaration of Trust and the Employer Collection Policy require Enterprise to pay liquidated damages in the amo unt of 20%, thus totaling $66,147.00 ($330,735.00 x 20% = $66,147.00). (Smith Aff. at 14). Finally, the Restated Trust Agreement and Declaration of Trust and the Employer Collection Policy require Enterprise to pay attorney f ees and costs, which to the date of the filing of the summary judgment motion amounts to $5,103.83. (Smith Aff. at 15). As a result, the total amount owed to the Pension Trust Fund by Enterprise for withdrawal liability, accrued interest, liquid ated damages, and attorney fees and costs (as of the date of the filing of the motion for summary judgment) is $426,691.73. (Smith Aff. at 16).On the basis of the foregoing, the Trustees motion for summary judgment [DE 23] is hereby GRANTED. The Trustees may, if desired, file an updated request for additional interest and attorney fees within 30 days of the date of this order.***Civil Case Terminated. Signed by Judge William C Lee on 2/6/09. (kjp)

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Plaintiff: Local No 142 Trustees of the Teamsters Union Pension Trust Fund
Represented By:	Teresa A Massa
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Defendant: Enterprise Trucking and Waste Hauling Inc
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