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Engineers Joint Welfare v. McIntyre Services Corporation

United States District Court, N.D. New York
Dec 13, 2001
5:01-CV-1110 (HGM/DEP) (N.D.N.Y. Dec. 13, 2001)

Opinion

5:01-CV-1110 (HGM/DEP).

December 13, 2001


ORDER


Plaintiffs seek a default judgment against defendant in the amount of $27,535.37, plus interest at the rate provided by 28 U.S.C. § 1961(a). Plaintiffs commenced this action on July 9, 2001. On September 7, 2001, the Clerk of the Court entered a default against defendant. Plaintiffs claim that Defendants failed to furnish contributions and payments from May 2000 to July 2000 under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1001, et seq.

Under §§ 1132(g)(2) of ERISA, Plaintiffs are entitled to the following: (a) unpaid contributions, (b) interest on the unpaid contributions, (c) 20% of the unpaid contributions as liquidated damages, and (d) reasonable attorneys' fees.

After a careful review of the record before this court and the applicable law, it is hereby

ORDERED that, pursuant to 29 U.S.C. § 1132(g)(2), judgment shall be entered in favor of plaintiffs in the amount of $27,535.37, calculated as follows:

(1) $15,538.54 in fringe benefit contributions and deductions,

(2) $5,229.08 in interest,

(3) $3,514.16 in liquidated damages, and

(4) $3,253.59 in attorneys' fees and costs. It is further

ORDERED that interest on this judgment shall be calculated at the rate provided for by 28 U.S.C. § 1961(a). It is further

ORDERED that the Clerk of the Court enter final judgment in this action in the amount calculated herein and close this case.

IT IS SO ORDERED.


Summaries of

Engineers Joint Welfare v. McIntyre Services Corporation

United States District Court, N.D. New York
Dec 13, 2001
5:01-CV-1110 (HGM/DEP) (N.D.N.Y. Dec. 13, 2001)
Case details for

Engineers Joint Welfare v. McIntyre Services Corporation

Case Details

Full title:ENGINEERS JOINT WELFARE, PENSION, SUPPLEMENTAL UNEMPLOYMENT BENEFIT AND…

Court:United States District Court, N.D. New York

Date published: Dec 13, 2001

Citations

5:01-CV-1110 (HGM/DEP) (N.D.N.Y. Dec. 13, 2001)