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16-321 - Plumbers, Pipefitters and Apprentices Local No. 112 Pension Fund et al v. D.J. Springer Inc. et al


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16-321 - Plumbers, Pipefitters and Apprentices Local No. 112 Pension Fund et al v. D.J. Springer Inc. et al
October 24, 2017
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REPORT AND RECOMMENDATION: It is RECOMMENDED that the defendants' # 5 Answer in this action be STRICKEN, the defendants' default be entered, and that plaintiffs be directed to file a motion for default judgment within a reasonable period of time following the issuance of an order regarding this recommendation. NOTICE: Pursuant to 28 U.S.C. ยง 636(b)(1), the parties may lodge written objections to the foregoing report. Such objections must be filed with the clerk of the court within FOURTEEN days of service of this report. FAILURE TO SO OBJECT TO THIS REPORT WILL PRECLUDE APPELLATE REVIEW. It is hereby ORDERED that the clerk of the court serve a copy of this report and recommendation upon the parties in accordance with this court's local rules. Objections to R&R due by 11/7/2017. Signed by Magistrate Judge David E. Peebles on October 24, 2017. {Parties served electronically through NEF}.(rep)
March 6, 2018
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ORDER adopting Report and Recommendations re 31 Report and Recommendations: The Court hereby ORDERS that Magistrate Judge Peebles's Report and Recommendation (Dkt. No. 31) is ADOPTED in full; and the Court furtherORDERS that the Clerk of the Court enter default against Defendants in this action; and the Court further ORDERS that Plaintiffs submit a motion for default judgment within sixty (60) days of this Order; and the Court furtherORDERS that the Clerk of the Court shall serve a copy of this Decision and Order on all parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 3/6/2018. (ban)
July 17, 2018
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MEMORANDUM-DECISION AND ORDER granting 43 Motion for Default Judgment: The Court hereby ORDERS that the Clerk of the Court shall enter judgment in the amount of $277,690.65 against D.J. Springer, Inc., consisting of (1) $99,375.67 in unpaid contributions and deductions, (2) $72,150.04 in interest on unpaid contributions, (3) $72,150.04 in liquidated damages, (4) $16,280.40 in audit fees, and (5) $17,734.50 in attorneys' fees; and the Court further ORDERS that the Clerk of the Court shall enter judgment in the amount of $148,217.08 against Jeannette Springer, consisting of (1) $98,071.20 in unpaid contributions, (2) $16,130.98 in interest on unpaid contributions, (3) $16,280.40 in audit fees, and (4) $17,734.50 in attorneys' fees; and the Court further ORDERS that Defendants are required to produce D.J. Springer, Inc.'s books and records for the period from January 1, 2017 to April 30, 2018, for Plaintiffs' review and audit, and that the Court shall retain jurisdiction in this matter until Plaintiffs complete their audit of D.J. Springer,Inc.'s books and records; and the Court further ORDERS that within thirty (30) days of the completion of the audit, Plaintiffs shall move for entry of judgment against Defendants for any and all contributions and deductions thatare determined to be due as a result of the audit, plus the applicable interest thereon, liquidated damages, audit costs, and attorneys' fees and costs; and the Court further ORDERS that the Clerk of the Court serve a copy of this Memorandum-Decision and Order on all parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 7/17/2018. (ban)