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15-248 - Iron Workers District Council Of Southern Ohio & Vicinity Annuity Trust et al v. Lauer et al


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15-248 - Iron Workers District Council Of Southern Ohio & Vicinity Annuity Trust et al v. Lauer et al
January 14, 2016
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ORDER denying 13 Motion for Default Judgment - Plaintiffs' motion does not establish that there is no just reason for delay, therefore,Plaintiffs' Motion for Default Judgment, doc. 13, is DENIED. Signed by Judge Thomas M. Rose on 1/14/16. (ep)
November 23, 2016
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ORDER GRANTING MOTION 20 FOR DEFAULT JUDGMENT 20 - Plaintiffs' Motion for Default Judgment is granted against Defendant GHG. Defendant GHG is the alter ego and the successor of Capital City Steel, Inc. ("CCSI"), as CCSIs alter ego/successor, Defendant GHG is bound to the agreement attached to the Complaint as Exhibit 2 ("CCSI Agreement"). As CCSI's alter ego/successor, Defendant GHG is in violation of the CCSI Agreement. A monetary judgment against Defendant GHG in favor of Plaintiffs for the contractual damages of the Withdrawal Liability Assessment in the amount of $3,633,936.00. If Defendant James R. Lauer is found liable as well, the liability shall be joint and several. A monetary judgment against Defendant GHG in Plaintiffs' favor for appropriate financial damages, including but not limited to interest, and any and all damages suffered by the Plaintiffs because of GHG's breach of the CCSI Agreement. An injunction is hereby issued against Defendant GHG prohibiting its current and future violations of the CCSI Agreement and Defendant GHG from the present through February 18, 2019, prohibiting its violations of Section 5.2 of the CCSI Agreement and therebyextending the prohibition in Section 5.2 of the CCSI Agreement for twenty-five (25) months. Defendant GHG, as CCSI's alter ego/successor, is bound to agreement attached to the Complaint as Exhibit 7 ("Participation Agreement"), and through the Participation Agreement, GHG is bound to the declarations of trusts attached to the Complaint as Exhibits 3, 4, and 5. Defendant GHG in Plaintiffs' favor in the amount of $123,554.29 for all unpaid contributions, liquidated damages, and pre-judgment interest. Plaintiffs' favor for Plaintiffs' attorneys' fees and costs equaling $14,961.25 and all future amounts accrued to collect this on this judgment. Post-judgment interest pursuant to 28 U.S.C. ยง 1961 and such other legal or equitable relief as this Court deems appropriate. This Court shall retain jurisdiction over this Case pending Defendant GHG's compliance with its orders. Signed by Judge Thomas M. Rose on 11/26/16. (ep)
July 10, 2017
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ORDER - Based upon this agreement of the parties, for good cause shown, and in the interests of justice, the Court ORDERS Mr. Wittman to make all efforts to find and produce responsive documents on or before July 31, 2017. Mr. Wittman should provide these documents directly to counsel for the judgment creditors: Matthew Hurm, Esq., Faulkner, Hoffman & Phillips, LLC, 20445 Emerald Parkway Drive,Suite 210, Cleveland, OH 44135. Should the judgment creditors desire to continue the Debtor Examination of Mr. Wittman held on May 19, 2017 -- or desire further action by the Court --they may seek appropriate relief from the Court. Signed by Magistrate Judge Michael J. Newman on 7/10/2017. (dm)