Faust v. Summit Sheet Metal, LLC

Full title: WARREN FAUST and LORI ESHENAUR, as Trustees of the SHEET METAL WORKERS…

Court: UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

Date published: Jan 25, 2018

NO. 3:14-CV-0607 (M.D. Pa. Jan. 25, 2018)

Opinion

NO. 3:14-CV-0607

01-25-2018

WARREN FAUST and LORI ESHENAUR, as Trustees of the SHEET METAL WORKERS LOCAL 44 RETIREMENT INCOME PLAN, SHEET METAL WORKERS LOCAL 44 ANNUITY FUND, SHEET METAL WORKERS LOCAL 44 WELFARE FUND, and SHEET METAL INDUSTRY EDUCATION FUND, Plaintiffs, v. SUMMIT SHEET METAL, LLC, Defendant.

JUDGE CAPUTO

() ORDER AND JUDGMENT

NOW, this 25^th day of January, 2018, and for the reasons stated in the accompanying memorandum, IT IS HEREBY ORDERED that: (1) Judgment is ENTERED in favor of Plaintiffs and against Defendant for unpaid contributions, liquidated damages, and interest as follows:

(A) Defendant shall pay delinquent contributions for the months of May 2013 through December 2014 in the following amounts: $17,779.50 to the Pension Fund; $ 11,257.00 to the Annuity Fund; $31,274.10 to the Welfare Fund; and $2,965.30 to the Education Fund, totaling $63,275.90 in unpaid contributions.

(B) Defendant shall pay liquidated damages to the Funds in the amount of $3,163.78.

(C) Defendant shall pay interest to the Funds in the amount of $40,819.00.

(2) Plaintiffs may file a petition for attorneys' fees and costs within twenty-one (21) days from the date of entry of this Order in accordance with Federal Rule of Civil Procedure 54(d) and this Court's Local Rules. To the extent such a petition is filed, Defendant shall have fourteen (14) days to file an opposition to the petition if desired and Plaintiffs shall have fourteen (14) days to file a reply thereto, if any. (3) The Clerk of Court is directed to mark the case as CLOSED.

/s/ A. Richard Caputo

A. Richard Caputo

United States District Judge