FRYE, ET AL v. BARBER CONSTRUCTION CO.
| DAVID FRYE and INDIANA LABORERS WELFARE, PENSION, TRAINING AND DEFINED CONTRIBUTION TRUST FUNDS |
| BARBER CONSTRUCTION CO. |
| 1:2017cv01165 |
| April 12, 2017 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Mark J. Dinsmore |
| Jane Magnus-Stinson |
| Labor: E.R.I.S.A. |
| 29 U.S.C. ยง 1132 E.R.I.S.A.-Employee Benefits |
| None |
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Filing
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ORDER - Presently pending before the Court is an unopposed Motion for Default Judgment and for Permanent Injunction, [Filing No. 17 ], filed by Plaintiff David Frye, Trustee of the Indiana Laborers Welfare, Pension, Training and Defined Contribut ion Trust Funds (the "Trustee"). Pursuant to the Employee Retirement Income Security Act of 1974 ("ERISA"), the Trustee asks this Court to: (1) enter default judgment in his favor and against Defendant Barber Construction Compa ny ("Barber") in the amount of $11,021.32 in delinquent contributions, interest, and liquidated damages, [Filing No. 17 at 1]; (2) award him $2,305.00 in attorneys' fees, [Filing No. 17 at 1]; (3) order Barber to obtai n a bond in an amount stipulated by the collective bargaining agreement, [Filing No. 17 at 1]; and (4) permanently enjoin Barber "from failing[,] neglecting, and refusing to make its required contributions" to the Trustee as they fall due, [Filing No. 1 at 4.] The Court will consider each request, in turn. For the reasons stated herein, the Trustee's Motion for Default Judgment and for Permanent Injunction 17 is GRANTED. Final judgment shall enter accordingly. (SEE ORDER). Copy to defendant via US Mail. Signed by Judge Jane Magnus-Stinson on 12/29/2017. (APD)
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