TARVIN et al v. YORK CONSTRUCTION AND EXCAVATION INC.
| MID CENTRAL OPERATING ENGINEERS HEALTH AND WELFARE FUND and BRUCE TARVIN |
| YORK CONSTRUCTION AND EXCAVATION INC. |
| 1:2010cv01619 |
| December 14, 2010 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Tim A. Baker |
| Tanya Walton Pratt |
| Labor: E.R.I.S.A. |
| 29 U.S.C. ยง 1001 E.R.I.S.A.: Employee Retirement |
| None |
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Filing
28
ENTRY - Plaintiffs' motion for summary judgment (Dkt. 26 ) is GRANTED. Plaintiffs are awarded unpaid contributions to the Welfare Fund in the amount of $26,856.93; to the Pension Fund in the amount of $34,223.85; and to the Training Fund in the amount of $4,040.45. Plaintiffs are further awarded 15% liquidated damages on the unpaid contributions, in the amount of $9,162.12, and interest on the unpaid contributions at the rate of 9% annually. Plaintiffs are granted leave to establish reasonable attorneys' fees and costs, including the cost of the audit. Plaintiffs shall submit a proposed final judgment along with their fee petition. Signed by Judge Tanya Walton Pratt on 10/22/2012. (JD)
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