TRUSTEES OF THE NEW JERSEY B.A.C. HEALTH FUND v. THURSTON F. RHODES, INC.

Civil No. 16-892 (RMB/AMD).

TRUSTEES OF THE NEW JERSEY B.A.C. HEALTH FUND, et al., Plaintiff(s), v. THURSTON F. RHODES, INC. d/b/a J & M CONCRETE & GENERAL CONTRACTING, Defendant.

United States District Court, D. New Jersey, Camden Vicinage.

Editors Note
Applicable Law: 29 U.S.C. § 1131
Cause: 29 U.S.C. § 1131 ERISA - Collection of Delinquent Trust Fun
Nature of Suit: 791 Labor: E.R.I.S.A.
Source: PACER


Attorney(s) appearing for the Case

TRUSTEES OF THE NEW JERSEY B.A.C. HEALTH FUND, Plaintiff, represented by MILANA DOSTANITCH , VIRGINIA & AMBINDER LLP.

TRUSTEES OF THE NEW JERSEY B.A.C. HEALTH FUND, Plaintiff, represented by NICOLE MARIE MARIMON , VIRGINIA & AMBINDER LLP.

TRUSTEES OF THE NEW JERSEY B.A.C. ANNUITY FUND, Plaintiff, represented by MILANA DOSTANITCH , VIRGINIA & AMBINDER LLP & NICOLE MARIE MARIMON , VIRGINIA & AMBINDER LLP.

TRUSTEES OF THE B.A.C. LOCAL 5 PENSION FUND, Plaintiff, represented by MILANA DOSTANITCH , VIRGINIA & AMBINDER LLP & NICOLE MARIE MARIMON , VIRGINIA & AMBINDER LLP.

TRUSTEES OF THE NEW JERSEY BM&P APPRENTICE AND EDUCATION FUND,, Plaintiff, represented by MILANA DOSTANITCH , VIRGINIA & AMBINDER LLP & NICOLE MARIE MARIMON , VIRGINIA & AMBINDER LLP.

TRUSTEES OF THE BRICKLAYERS & TROWEL TRADES INTERNATIONAL PENSION FUND, Plaintiff, represented by MILANA DOSTANITCH , VIRGINIA & AMBINDER LLP & NICOLE MARIE MARIMON , VIRGINIA & AMBINDER LLP.

TRUSTEES OF THE INTERNATIONAL MASONRY INSTITUTE, Plaintiff, represented by MILANA DOSTANITCH , VIRGINIA & AMBINDER LLP & NICOLE MARIE MARIMON , VIRGINIA & AMBINDER LLP.

RICHARD TOLSON, Plaintiff, represented by MILANA DOSTANITCH , VIRGINIA & AMBINDER LLP & NICOLE MARIE MARIMON , VIRGINIA & AMBINDER LLP.


ORDER AND JUDGMENT [Docket No. 14]

RENÉE MARIE BUMB, District Judge.

THIS MATTER having come before the Court upon the renewed Motion for Default Judgment [Docket No. 14] by Plaintiffs Trustees of the New Jersey B.A.C. Health Fund, Trustees of the New Jersey B.A.C. Annuity Fund, Trustees of the B.A.C. Local 5 Pension Fund, Trustees of the New Jersey BM&P Apprentice and Education Fund, Trustees of the Bricklayers & Trowel Trades International Pension Fund, Trustees of the International Masonry Institute, and Richard Tolson, as Administrator of B.A.C Administrative District Council of New Jersey (the "Plaintiffs"), seeking the entry of default judgment against Defendant Thurston F. Rhodes, Inc. d/b/a J & M Concrete & General Contracting (the "Defendant"), pursuant to Federal Rule of Civil Procedure 55(b)(2); and the Court having reviewed the Plaintiffs' submissions; and the Court having received no opposition to the motion; and for the reasons set forth in the accompanying Opinion issued on this date;

IT IS HEREBY, on this 9th day of August 2017,

ORDERED that Plaintiffs' Motion for Default Judgment [Docket No. 14] is GRANTED, in part, and DENIED, in part, consistent with the accompanying Opinion issued on this date; and it is further

ORDERED that judgment shall be entered in favor of Plaintiffs and against Defendant in the amount of $9,317.93, representing (1) $5,593.15 in unpaid contributions; (2) $948.31 in interest thereon; (3) $1,118.63 in liquidated damages; (4) $607.50 in dues check-offs; (5) $441.00 in paralegal fees; and (6) $609.34 in litigation costs; plus interest incurred from February 7, 2017 through the entry of this Order and Judgment; and it is further

ORDERED that Plaintiffs' request for attorneys' fees is DENIED WITHOUT PREJUDICE; and it is further

ORDERED that, on or before September 8, 2017, Plaintiffs shall submit a letter to the Court, not to exceed three (3) double-spaced pages, explaining the reasonableness of the attorneys' fees incurred, in light of the nature of the case and services rendered, or an amended timesheet and request for attorneys' fees, representing only attorneys' fees reasonably incurred, which the Court will consider in awarding Plaintiffs reasonable attorneys' fees. In the event Plaintiffs do not timely respond to this Order, the Court shall direct the Clerk of the Court to close the file in this matter.


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