Summary
awarding over $40,000
Summary of this case from Trs. of Plumbers' & Pipefitters' Local 162 Pension Fund v. Bruner Corp.Opinion
Case Number: 1:08cv416.
January 29, 2009
ORDER
The Court has reviewed the Report and Recommendation of United States Magistrate Judge Timothy S. Black filed on December 16, 2008 (Doc. 11), to whom this case was referred pursuant to 28 U.S.C. § 636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed.R.Civ.P. 72(b) expired January 9, 2009, hereby ADOPTS said Report and Recommendation.
Accordingly, it is ORDERED that Plaintiff's motion for default judgment (Doc. 7) is GRANTED. Default judgment will be entered in Plaintiff's favor and against Defendant S. Rosenthal Company as follows:
Plaintiff is entitled to entry of judgment in favor of Plaintiff and against Defendant
S. Rosenthal Company as mandated by Section 502(g) of ERISA, 29 U.S.C. § 1132(g), in the amount of $40,826.00, for withdrawal liability, plus:
a. Interest at the prevailing market rate pursuant to 29 U.S.C. § 1399(c)(6) of 12% percent per annum on the total amount of the unpaid withdrawal liability due and owing from January 1, 2007 until paid; and
b. Plaintiff's reasonable attorney fees and costs of the action in the amount of $2,565.50.
IT IS SO ORDERED.