Opinion
23 -cv-01139
09-14-2023
TRUSTEES OF THE DISTRICT COUNCIL NO. 14 METAL POLISHERS et al Plaintiffs, v. THE STONE AND METAL GROUP, LLC, a Delaware limited liability company, Defendant.
James R. Anderson One of Plaintiffs' attorneys DONALD D. SCHWARTZ JAMES R. ANDERSON BRIAN C. JAMES GRANT R. PIECHOCINSKI ARNOLD AND KADJAN LLP
James R. Anderson One of Plaintiffs' attorneys
DONALD D. SCHWARTZ JAMES R. ANDERSON BRIAN C. JAMES GRANT R. PIECHOCINSKI ARNOLD AND KADJAN LLP
PLAINTIFFS' MOTION FOR JUDGMENT IN A SUM CERTAIN
Chang Judge
Plaintiffs, by and through their attorneys, DONALD D. SCHWARTZ, JAMES R. ANDERSON, BRIAN C. JAMES, GRANT R. PIECHOCINSKI and ARNOLD AND KADJAN, LLP, move this Court to enter an order of default against the Defendant and judgment in a sum certain. In support of their Motion, the Plaintiffs state as follows:
1. This is an action for the recovery of delinquent contributions and other charges due and owing as a result of the breach of collective bargaining agreements, Declarations of Trust, and applicable provisions of ERISA.
2. Defendant, The Stone and Metal Group LLC, a Delaware limited liability Company, was served with the Summons and Complaint on March 7, 2023. The Defendant was defaulted by order of this Court on April 19, 2023.
3. Several attempts to resolve this cause via a payment plan have failed.
4. According to the Affidavit of Richard Wolf, attached hereto as Exhibit 1, based upon the findings of an audit for the period from October 1, 2022 through May 31, 2023, the Defendant owes $26,987.95, as fully set forth in paragraph 5 of his Affidavit, consisting of $21,232.08 in contributions, $3,184,81 in liquidated damages, $22.79 for discrepancies in contributions, $1,472.02 for unpaid liquidated damages, and $1,076.25 for audit costs.
5. Subsequent to the issuance of the audit report, Defendant paid $8,264.98 in contributions. Those payments reduce the total amount owed on the audit to $18,722.97.
6. According to the Declaration of James R. Anderson, attached hereto as Exhibit 2, Plaintiffs have incurred at least $2,437.00 in attorneys' fees and costs for filing fees and service of process during the prosecution of this cause, which are recoverable pursuant to ERISA.
7. The sum of the amounts owed in paragraphs 6 and 8 is $21,159.97.
WHEREFORE, Plaintiffs pray that this Court grant the following relief:
A. Enter an order of default against the Defendant; and
B. Enter final judgment in favor of Plaintiffs and against the Defendant, The Stone and Metal Group, in the amount of $21,159.97.