Opinion
23-cv-3220
06-18-2024
CHICAGO & VICINITY LABORERS' DISTRICT COUNCIL PENSION FUND, CHICAGO & VICINITY LABORERS' DISTRICT COUNCIL WELFARE FUND, CHICAGO & VICINITY LABORERS' DISTRICT COUNCIL RETIREE HEALTH AND WELFARE FUND, and CATHERINE WENSKUS, not individually but as Administrator of the Funds, Plaintiffs, v. GARTH MASONRY CORPORATION, an Illinois corporation also d/b/a GARTH CONSTRUCTION SERVICES, CORP., Defendant.
JUDGMENT ORDER
Honorable Thomas M. Durkin United States District Court Judge
This cause coming before the Court on motion of Plaintiffs Chicago & Vicinity Laborers' District Council Pension Fund, Welfare Fund, Retiree Health and Welfare Fund, and Catherine Wenskus, in her capacity as Administrator of the Funds (collectively the “Laborers' Funds”), for entry of Judgment Damages, pursuant to Fed.R.Civ.P. 55(b), due notice given, and the Court having found Defendant, Garth Masonry Corporation d/b/a Garth Construction Services Corp., in default, and the Court having been fully advised in the premises, IT IS HEREBY ORDERED THAT:
Judgment is entered in favor of the Laborers' Funds and against Garth Masonry Corporation, d/b/a Garth Construction Services Corp., in the total amount of $34,132.84 consisting of the following amounts:
1. $26,633.34, based on the audit of Calibre CPA Group, PLLC, covering the period
from April 1, 2019 through March 31, 2022 and consisting of:
| a) | $14,664.81 | Principal owed for benefit contributions and union dues; |
| b) | $ 2,867.63 | Liquidated damages (“LD”), on the audit principal; |
| c) | $ 6,307.15 | Accumulated interest on the audit findings; |
| d) | $ 2,793.75 | Audit cost; |
2. $7,499.50, representing the reasonable attorneys' fees and costs accrued by the Laborers' Funds incurred in its efforts to collect the amounts owed to date;
3. Garth Masonry Corporation d/b/a Garth Construction Services Corp., is ordered to pay post judgment interests on all amounts entered against them from the date of the Judgement Order until the date the Judgment Order is paid in full; and
4. Garth Masonry Corporation d/b/a Garth Construction Services Corp., is ordered to post and maintain a fringe benefit bond in accordance with the terms and conditions of the Agreement.