Opinion
16-cv-9826
01-06-2017
CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS HEALTH AND WELFARE FUND; and ARTHUR H. BUNTE, JR., Trustee, Plaintiffs, v. PROGRESSIVE 4 COLOR LIMITED LIABILITY COMPANY, a New Jersey limited liability company, Defendant.
EXHIBIT A
Magistrate Judge Jeffrey T. Gilbert
JUDGMENT ORDER
Honorable Manish S. Shah, United States District Judge
This matter coming before the Court on Plaintiffs' Motion for Entry of Default and Default Judgment, and the Court having reviewed the Motion along with the supporting materials, hereby FINDS, ADJUDGES, and ORDERS as follows:
A. That Defendant Progressive 4 Color Limited Liability Company (“Progressive 4 Color”) is adjudged to be in default.
B. That a default judgment is entered against Progressive 4 Color.
C. That Plaintiffs, Central States, Southeast and Southwest Areas Health and Welfare Fund and Arthur H. Bunte, Jr., Trustee, have and recover judgment from and against Progressive 4 Color in the total amount of $45,004.02. The judgment amount consists of: (i) past due employer contributions and two insufficient funds fees in the principal amount of $34,486.80 based on the work history reported by Progressive 4 Color for the period of November 1, 2015 through September 3, 2016; (ii) delinquent interest in the amount of $1,682.87 through January 6, 2017; (iii) liquidated damages in the amount of $6,897.36; (iv) attorney's fees in the amount of $1,477.00; and (v) costs in the amount of $459.99. The damages are awarded pursuant to section 502(g)(2) of ERISA, 29 U.S.C. § 1132(g)(2).
D. That Plaintiffs are awarded post-judgment interest on the entire judgment balance at the greater of: (i) an annualized interest rate equal to two percent (2%) plus the prime interest rate established by JPMorgan Chase Bank, NA for the fifteenth (15th) day of the month for which the interest is charged; or (ii) an annualized interest rate of 7.5%, with said interest to be compounded annually.
E. That specifically excluded from this judgment and not barred under the doctrines of res judicata, collateral estoppel, or claim preclusion are: (i) any claim for contributions (or interest thereon) for any period other than the period of November 1, 2015 through September 3, 2016; and (ii) any claim for contributions (or interest thereon) for any period of time (including the period of November 1, 2015 through September 3, 2016) on behalf of employees whose work history was not reported or was inaccurately reported to the Central States, Southeast and Southwest Areas Health and Welfare Fund.
F. That Plaintiffs may proceed with collection of the judgment granted.