Opinion
Case No. 12-14178
02-04-2013
Trustees of the LABORERS PENSION TRUST FUND - DETROIT & VICINITY; LABORERS VACATION & HOLIDAY TRUST FUND - DETROIT & VICINITY; LABORERS METROPOLITAN DETROIT HEALTH & WELFARE FUND; LABORERS ANNUITY FUND - DETROIT & VICINITY; and the MICHIGAN LABORERS TRAINING FUND, trust funds established under, and administered pursuant to, federal law, Plaintiffs, v. A & R ENTERPRIZES LLC, Defendant.
HON. GEORGE CARAM STEEH
JUDGMENT FOR PLAINTIFFS
This matter having been heard pursuant to Plaintiffs' Motion for Default Judgment and the Court having decided to grant said Motion pursuant to FED.R.CIV.P. 55(b), NOW, THEREFORE,
IT IS HEREBY ORDERED AND ADJUDGED THAT
A. Defendant A & R Enterprizes, LLC entered into (or adopted) collective bargaining agreements with the Laborers Union and that, pursuant to such agreements and applicable law, it (defendant) was obligated to make fringe benefit contributions to plaintiffs for, or with respect to work performed by, those of its employees who were represented by the Laborers Union;
B. Defendant A & R Enterprizes, LLC is contractually obligated to plaintiffs for the period from (at the latest) August, 2011;
C. Defendant A & R Enterprizes, LLC shall specifically perform according to the provisions of such collective bargaining agreements;
D. Defendant was and is obligated to maintain books and records sufficient to determine the fringe benefit contributions due or which may become due to its employees via contributions to plaintiffs, and to submit to an audit by plaintiffs of its books and records to determine the accuracy and timeliness of such contributions to plaintiffs;
E. Defendant shall submit to plaintiffs (for inspection and audit) any and all books and records (without limitation whatsoever) needed by plaintiffs to determine the amount of defendant's indebtedness for the period from August, 2011;
F. Plaintiffs are awarded the amount owing, if any, for the period from August, 2011, as ascertained by the above audit, plus interest, costs and attorneys' fees; and
G. This court shall retain jurisdiction over this matter for purposes of enforcement of the provisions of this Judgment.
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UNITED STATES DISTRICT JUDGE