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TRUSTEES OF THE OPERATING ENGINEERS' LOCAL 324 PENSION FUND v. AMERICAN EXCAVATING CONTRACTORS, LLC, 14-cv-12047. (2014)

Court: District Court, E.D. Michigan Number: infdco20140902g41 Visitors: 12
Filed: Aug. 28, 2014
Latest Update: Aug. 28, 2014
Summary: ORDER OF JUDGMENT AGAINST DEFENDANTS AMERICAN EXCAVATING CONTRACTORS, LLC AND MANUEL RODGERS JOHN CORBETT O'MEARA, District Judge. This matter having come before the Court upon Plaintiffs' Motion for Entry of Judgment by Default Against Defendants, oral argument having been heard, and the Court being otherwise fully advised in the premises; IT IS ORDERED that a Judgment by Default is hereby entered against Defendants AMERICAN EXCAVATING CONTRACTORS, LLC and MANUEL RODGERS in the amount of $
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ORDER OF JUDGMENT AGAINST DEFENDANTS AMERICAN EXCAVATING CONTRACTORS, LLC AND MANUEL RODGERS

JOHN CORBETT O'MEARA, District Judge.

This matter having come before the Court upon Plaintiffs' Motion for Entry of Judgment by Default Against Defendants, oral argument having been heard, and the Court being otherwise fully advised in the premises;

IT IS ORDERED that a Judgment by Default is hereby entered against Defendants AMERICAN EXCAVATING CONTRACTORS, LLC and MANUEL RODGERS in the amount of $47,796.95.

IT IS FURTHER ORDERED that Defendant AMERICAN EXCAVATING CONTRACTORS, LLC open up its books and records in order that a complete payroll audit through the present be conducted to determine any further due and owing unpaid contributions beyond those set forth herein;

ITS FURTHER ORDERED that Plaintiffs shall move to have this Judgment amended to include any further due and owing amounts as determined by the aforementioned audit plus the further mandates of 29 USC §1132(g)(2), liquidated damages and actual fees and costs.

IT IS FURTHER ORDERED that Defendant is enjoined from any further breach of the Collective Bargaining Agreement as same relates in any way to the payment of contributions to Plaintiffs; and

IT IS FURTHER ORDERED that jurisdiction of this matter be retained pending compliance with the Court's orders.

Source:  Leagle

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