DeLange et al v. Uptown Painting & Decorating Inc et al
| James Mitchell, Sr, Local 460 Northwest Indiana District Council 91 IUPAT AFL-CIO and Allen DeLange |
| Uptown Painting & Decorating Inc and Benjamin Ramos |
| 2:2011cv00181 |
| May 23, 2011 |
| US District Court for the Northern District of Indiana |
| Hammond Office |
| Lake |
| Andrew P Rodovich |
| Philip P Simon |
| Employee Retirement Income Security Act of 1974 |
| 29 U.S.C. ยง 1132 |
| None |
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Filing
43
OPINION AND ORDER granting in part and denying in part 40 Plaintiffs Second Amended Verified Motion for Entry of an Order and Default Judgment; denying as moot 37 Motion for Default Judgment. Plaintiffs motion for Default Judgment against Defe ndant Armando Guerra is DENIED. Plaintiffs have until February 28, 2014 to file a memorandum addressing whether the conversion claims against Guerra are preempted by the LMRA. The claims against Defendant Benjamin Ramos are DISMISSED WITHOUT PREJUDI CE. Defendant Uptown Painting is ORDERED to pay: (1) $379,664.98 in delinquent contributions, late payment assessments, audit fees and liquidated damages to Plaintiff Northwest Indiana Welfare Fund for the period January 1, 2006 to September 30, 2012; (2) $20,808.21 in delinquent contributions and interest to Plaintiff Northwest Indiana Painters Joint Apprenticeship & Training Trust Fund for the same period; (3) $39,057.12 in delinquent contributions and interest to Plaintiff Nort hwest Indiana Local 460, District Council 91, IUPAT, AFL-CIO for the same period; (4) Statutory post-judgment interest at the current legal rate on all monies owed pursuant to (1)-(3) supra; and (5) $9,368.75 and $361.80 to Plaintiffs for attorneys fees and costs, respectively. Signed by Chief Judge Philip P Simon on 01/29/2014. (rmn)
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Filing
39
OPINION AND ORDER: Plaintiffs will have until November 16, 2013 to file a memorandum in support of the application for default judgment, addressing the matters identified by the Court. Plaintiffs must also mail to the Defendants a copy of the memorandum in support, and reflect that mailing on a certificate of service filed with the memorandum. Signed by Chief Judge Philip P Simon on 10/15/2013. (rmn)
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