Michiana Area Electrical Workers Health & Welfare Fund et al v. TGB Unlimited Inc
| Michiana Area Electrical Workers Health and Welfare Fund Trustees of the, Michiana Area Electrical Workers Pension Fund Trustees of the and Michiana Area Workers Money Purchase Plan |
| TGB Unlimited Inc |
| 2:2015cv00446 |
| December 9, 2015 |
| US District Court for the Northern District of Indiana |
| Hammond Office |
| St. Joseph |
| Paul R Cherry |
| Theresa L Springmann |
| Employee Retirement Income Security Act of 1974 |
| 29 U.S.C. ยง 1132 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
58
AMENDED OPINION AND ORDER: The Court GRANTS the Plaintiffs Motion for Damages 45 . The Court DIRECTS the Clerk of Court to VACATE the Courts December 18, 2017, Opinion and Order 56 . Further, the Court DIRECTS the Clerk of Court to enter an amended judgment in favor of the Plaintiffs and against Defendants TGB Unlimited d/b/a S/T Bancroft Electric and West Bend Mutual Insurance Company. The Plaintiffs are awarded $79,905.22 against Defendant TGB Unlimited, in the following breakdown: 6;36,164.40 in unpaid contributions, including the value of the Contractors Bond ($6,500) for which Defendant West Bend Mutual Insurance is jointly and severally liable; $7,232.88 in mandatory liquidated damages; $33,716.25 in attorney fees and $2,277.39 in costs; and $514.30 for the cost of the payroll audit; Finally, the Plaintiffs are also entitled to a statutory award of interest on the $36,164.40 in unpaid contributions outstanding at the time the Plaintiffs filed suit. Signed by Chief Judge Theresa L Springmann on 12/21/2017. (jss)
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Filing
56
OPINION AND ORDER: The Court GRANTS the Plaintiffs Motion for Damages 45 and DIRECTS the Clerk of Court to enter judgment in favor of the Plaintiffs and against Defendants TGB Unlimited d/b/a S/T Bancroft Electric and West Bend Mutual Insurance Com pany. The Plaintiffs are awarded $79,905.22 against Defendant TGB Unlimited, in the following breakdown: $36,164.40 in unpaid contributions, including the value of the Contractors Bond ($6,500) for which Defendant West Bend Mutual Insu rance is jointly and severally liable; $7,232.88 in mandatory liquidated damages; $33,716.25 in attorney fees and $2,277.39 in costs; and $514.30 for the cost of the payroll audit; Further, the Plaintiffs are also entitled to a statutory award of interest on the $36,164.40 withdrawal liability outstanding at the time the Plaintiffs filed suit. Signed by Chief Judge Theresa L Springmann on 12/18/2017. (jss)
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Filing
44
OPINION AND ORDER: The Court GRANTS the Plaintiffs' Motion for Summary Judgment 35 and DENIES the Defendants' Motion for Summary Judgment 37 . However, because the issues of damages, costs, contractor's bond, and attorney's f ees remain ambiguous, the Court ORDERS that the Clerk withhold entry of judgment in the case until these issues are fully resolved. The Plaintiffs are directed to file any motion and brief regarding the same, consistent with this opinion, within 10 days of the date of this Opinion and Order. The Defendants have 10 days thereafter in which to file any response brief. The Plaintiffs will have 7 days thereafter to file any necessary reply brief. The Court will take the matter under advisement after briefing is complete. Signed by Chief Judge Theresa L Springmann on 9/28/2017. (jss)
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