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11-1747 - Teamsters Local Union No. 727 Health and Welfare Fund et al v. L&R Group of Companies


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11-1747 - Teamsters Local Union No. 727 Health and Welfare Fund et al v. L&R Group of Companies
March 31, 2014
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Enter MEMORANDUM, OPINION AND ORDER: For the reasons stated, the Court denies L & Rs Motion for Summary Judgment as to its claims for: (1) $1,255,802.66 for mistaken contribution overpayments; (2) for $330,000 for overcharges by the Funds; and (3) understated contributions in 2003 and 2004 discovered in L & Rs internal audit in the amount of $14,125.60. The Court grants L & Rs Motion for Summary Judgment on its counterclaim for $35,428.30 for agreed upon overpayments related to specific employees who switched from one contract to another following a significant break in employment. Signed by the Honorable Virginia M. Kendall on 3/31/2014.Mailed notice(tsa, )
February 10, 2016
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33,879.04 for the Welfare Fund; $46,382.80 for the Pension Fund; and $5,369.75 for the Legal Fund); 4) reasonable audit fees; and 5) reasonable attorneys' fees and costs. Plaintiffs are also entitled to judgment in their favor and against defendant on defendant's counterclaims for $1,255,802.66 and $330,000 in alleged overpayments and $14,125.60 in unaccounted-for contributions. Defendant is entitled to a setoff with respect to its counterclaim for agreed-upon overpayments in the amount of $35,428.30, but it is unclear from the parties' submissions how to apply this setoff among the three plaintiffs. The Court directs plaintiffs to calculate interest, determine how the setoff should be applied, aMEMORANDUM Opinion and Order. Plaintiffs are entitled to judgment in their favor and against defendant for 1) the full $928,157.94 that plaintiffs seek in delinquent contributions ($669,395.20 for the Health and Welfare Fund; $231,913.98 for the Pension Fund; and $26,848.76 for the Legal and Educational Fund); 2) simple interest on the delinquent contributions at the prime rate plus one percent; 3) the full $185,631.59 that plaintiffs seek in liquidated damages ($1nd submit a proposed final judgment order that conforms with this opinion to the Court's proposed order email address by March 1, 2016. Plaintiffs are also directed to submit by March 1, 2016 documentation in support of their request for an award of audit costs. The parties are directed to follow the procedures outlined in this district's Local Rule 54.3 regarding plaintiffs' reasonable attorneys' fees and costs in an effort to reach agreement on an appropriate amount. Signed by the Honorable Jorge L. Alonso on 2/10/2016. Notice mailed by judge's staff (ntf, ) Modified on 2/22/2016 (ntf, ).