Iron Workers District Council Of Southern Ohio & Vicinity Annuity Trust et al v. Lauer et al
Iron Workers District Council Of Southern Ohio & Vicinity Annuity Trust, Iron Workers District Council Of Southern Ohio & Vicinity Benefit Trust and Iron Workers District Council Of Southern Ohio & Vicinity Pension Trust |
James R Lauer and GHG Construction, LLC |
3:2015cv00248 |
July 13, 2015 |
US District Court for the Southern District of Ohio |
Dayton Office |
MONTGOMERY |
Thomas M. Rose |
Labor: E.R.I.S.A. |
29 U.S.C. ยง 1145 E.R.I.S.A. |
None |
Available Case Documents
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Filing 49 ORDER - Based upon this agreement of the parties, for good cause shown, and in the interests of justice, the Court ORDERS Mr. Wittman to make all efforts to find and produce responsive documents on or before July 31, 2017. Mr. Wittman should provi de these documents directly to counsel for the judgment creditors: Matthew Hurm, Esq., Faulkner, Hoffman & Phillips, LLC, 20445 Emerald Parkway Drive,Suite 210, Cleveland, OH 44135. Should the judgment creditors desire to continue the Debtor Examination of Mr. Wittman held on May 19, 2017 -- or desire further action by the Court --they may seek appropriate relief from the Court. Signed by Magistrate Judge Michael J. Newman on 7/10/2017. (dm) |
Filing 21 ORDER GRANTING MOTION 20 FOR DEFAULT JUDGMENT 20 - Plaintiffs' Motion for Default Judgment is granted against Defendant GHG. Defendant GHG is the alter ego and the successor of Capital City Steel, Inc. ("CCSI"), as CCSIs alter eg o/successor, Defendant GHG is bound to the agreement attached to the Complaint as Exhibit 2 ("CCSI Agreement"). As CCSI's alter ego/successor, Defendant GHG is in violation of the CCSI Agreement. A monetary judgment against Defendant GHG in favor of Plaintiffs for the contractual damages of the Withdrawal Liability Assessment in the amount of $3,633,936.00. If Defendant James R. Lauer is found liable as well, the liability shall be joint and several. A monetary judgment agai nst Defendant GHG in Plaintiffs' favor for appropriate financial damages, including but not limited to interest, and any and all damages suffered by the Plaintiffs because of GHG's breach of the CCSI Agreement. An injunction is hereby issue d against Defendant GHG prohibiting its current and future violations of the CCSI Agreement and Defendant GHG from the present through February 18, 2019, prohibiting its violations of Section 5.2 of the CCSI Agreement and therebyextending the prohibi tion in Section 5.2 of the CCSI Agreement for twenty-five (25) months. Defendant GHG, as CCSI's alter ego/successor, is bound to agreement attached to the Complaint as Exhibit 7 ("Participation Agreement"), and through the Participatio n Agreement, GHG is bound to the declarations of trusts attached to the Complaint as Exhibits 3, 4, and 5. Defendant GHG in Plaintiffs' favor in the amount of $123,554.29 for all unpaid contributions, liquidated damages, and pre-judgment in terest. Plaintiffs' favor for Plaintiffs' attorneys' fees and costs equaling $14,961.25 and all future amounts accrued to collect this on this judgment. Post-judgment interest pursuant to 28 U.S.C. § 1961 and such other legal or equitable relief as this Court deems appropriate. This Court shall retain jurisdiction over this Case pending Defendant GHG's compliance with its orders. Signed by Judge Thomas M. Rose on 11/26/16. (ep) |
Filing 14 ORDER denying 13 Motion for Default Judgment - Plaintiffs' motion does not establish that there is no just reason for delay, therefore,Plaintiffs' Motion for Default Judgment, doc. 13, is DENIED. Signed by Judge Thomas M. Rose on 1/14/16. (ep) |
Filing 12 ORDER denying 11 Motion for Default Judgment - Plaintiffs' motion does not establish that there is no just reason for delay. Plaintiffs' Motion for Default Judgment, doc. 11 , is DENIED. Signed by Judge Thomas M. Rose on 1/11/16. (ep) |
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