Opinion
18 CV 7097
06-23-2021
MIDWEST OPERATING ENGINEERS PENSION TRUST FUND, et al., Plaintiffs, v. AMERICANA LANDSCAPE GROUP, INC., d/b/a ALANIZ LANDSCAPE GROUP, INC., Defendant.
JUDGMENT ORDER
YOUNG B. KIM MAGISTRATE JUDGE
Pursuant to Rule 54 of the Federal Rules of Civil Procedure, it is hereby ORDERED and ADJUDGED:
1. The Court has jurisdiction of the subject matter herein and of the parties hereto.
2. Defendant is bound to a collective bargaining agreement known as the Landscape Construction Labor Agreement with the International Union of Operating Engineers, Local 150, AFL-CIO, and the Agreements and Declarations of Trust that are incorporated therein.
3. Defendant is obligated to submit monthly contribution reports and to make contributions to each of the Plaintiff Funds in accordance with the collective bargaining agreement.
4. When Defendant fails to submit timely contributions, Defendant is required to pay liquidated damages, interest, and attorneys' fees and costs.
5. Defendant is obligated to submit to an audit by Plaintiffs of Defendant's books and records under the Agreements and Declarations of Trust.
6. Plaintiffs have expended $137, 006.25 in attorneys' fees, and $5, 244.48 in costs.
7. There is no just cause for delay in the entry of a Judgment Order as to the final amount of contributions, interest, liquidated damages, audit costs, court costs, and attorneys' fees to be paid to Plaintiffs.
IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED THAT:
A. Plaintiffs shall recover $3, 400.00 from Defendant representing the costs of auditing Defendant's records.
B. Plaintiffs shall recover $212, 554.56 from Defendant representing delinquent contribution amounts pursuant to the audit and additional delinquent monthly contributions.
C. Plaintiffs shall recover $41, 526.05 from Defendant representing liquidated damages.
D. Plaintiffs shall recover $93, 174.41 from Defendant representing twelve (12) percent interest charges.
E. Plaintiffs shall recover attorneys' fees in the amount of $137, 006.25 and costs in the amount of $5, 244.48. It is ordered thus that Plaintiffs shall recover from Defendant the total amount of $492, 905.75.
F. Plaintiffs are awarded execution for the collection of the full Judgment amount and costs and fees granted hereunder.
G. The Court hereby retains jurisdiction of this cause and all of the parties hereto for the purpose of enforcing this Order.