Opinion
Case No. 01-2055-JWL
December 17, 2002.
MEMORANDUM ORDER
On June 29, 2001, this court entered default judgment against defendant Jemi Kni Masonry, Inc. and in favor of plaintiff funds, permitting plaintiff funds to recover from defendant unpaid fringe benefit contributions. The court ordered defendant to permit an accounting of its records to determine the total number of hours worked by its employees within the jurisdiction of the relevant collective bargaining agreements and trust agreements for the period December 15, 1998, to date. Defendant has now produced his payroll records, and an accounting of the records has been performed regarding the amount of delinquent contributions, liquidated damages, and interest owed by defendant to plaintiff funds in accordance with 29 U.S.C. § 1132(g)(2).
In accordance with section 1132(g)(2), plaintiff funds now asks the court to award it defendant's delinquent contributions, liquidated damages, interest, accounting costs, and attorneys' fees for prosecuting this action. (Doc. 14). In support of this award, plaintiff funds have attached relevant documents regarding the accounting and attorneys' fees to their motion.
After reviewing plaintiffs' current motion, plaintiffs' memorandum in support, and the attachments to the motion (including the accounting statements and attorneys' fees records), the court finds, for the reasons stated in the memorandum in support, that plaintiff Kansas City Bricklayers Employees Pension fund is entitled to $23,424.36; plaintiff Kansas City Bricklayers Employees Welfare fund is entitled to $13,005.70; and plaintiff Kansas City Bricklayers Employee Vacation Trust is entitled to $7, 401.16.
The court has reviewed the time records (as well as an affidavit from Mark A. Kistler, one of the attorneys of record for plaintiffs in this case) and finds both the time spent and hourly rate to be reasonable.
More specifically, the Pension fund is entitled to $12,004.55 for delinquent contributions, $2,400.91 for liquidated damages, $2,798.32 for interest, $2,171.75 for audit costs, and $4,138.83 for attorneys' fees and legal costs; the Welfare fund is entitled to $7,857.83 for delinquent contributions, $1,571.58 for liquidated damages, $1,773.27 for interest; $620.50 for audit costs, and $1,182.52 for attorneys' fees and legal costs; and the Vacation Trust is entitled to $4,622.25 for delinquent contributions, $924.35 for liquidated damages, $1,043.10 for interest, $279.23 for audit costs, and $532.13 for attorneys' fees and legal costs.
IT IS THEREFORE ORDERED BY THE COURT that plaintiff Kansas City Bricklayers Employees Pension fund is entitled to a judgment in the amount of $23,424.36; that plaintiff Kansas City Bricklayers Employees Welfare fund is entitled to a judgment in the amount of $13,005.70; and that plaintiff Kansas City Bricklayers Employee Vacation Trust is entitled to a judgment in the amount of $7, 401.16. The court will enter a judgment confirming this award.
IT IS SO ORDERED this 17th day of December, 2002.