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Board of Trustees v. NW Sign Industries, Inc.

United States District Court, E.D. Virginia, Alexandria Division

October 30, 2014

BOARD OF TRUSTEES, SHEET M WORKERS' NATIONAL PENSION FUND, et al., Plaintiffs,
v.
NW SIGN INDUSTRIES, INC., Defendant.

ORDER

ANTHONY J. TRENGA, District Judge.

This matter is before the Court on the Report and Recommendation (Doc. No. 14) of the Magistrate Judge recommending that default judgment be entered against defendant N.W. Sign Industries, Inc. a/k/a N.W. Sign Ind., a/k/a N.W. Industries, in favor of plaintiffs Board of Trustees, Sheet M Workers' National Pension Fund ("NIT"), the Board of Trustees of the International Training Institute for the Sheet M and Air Conditioning Industry ("ITI"), the Sheet M Workers' International Association Scholarship Fund ("Scholarship Fund"), and the Stabilization Agreement for the Sheet M Industry ("SASMI") (collectively. "plaintiffs" or "Funds") in the amount of $8, 734.50, the sum of unpaid contributions. The Magistrate Judge also recommended that default judgment be entered against defendant in the amounts of $246.17 in accrued interest through August 22, 2014, $1.746.94 in liquidated damages, $8, 411.80 in late fees, and $3, 355.37 in attorneys' fees and costs.

The Court conducted a de nova review of the evidence in this case and adopts and incorporates the findings and recommendations of the Magistrate Judge. Accordingly, it is hereby

ORDERED that Plaintiffs' Motion for Default Judgment (Doc. No. 7) be, and the same hereby is, GRANTED; it is further

ORDERED that default judgment be, and the same hereby is, entered against defendant N.W. Sign Industries, Inc., a/k/a N.W. Sign Ind., a/k/a N.W. Industries in favor of plaintiffs the Board of Trustees, Sheet M Workers' National Pension Fund ("NPF") in the amounts of $7, 913.30 in unpaid contributions; $1, 582.67 in liquidated damages; late fees in the amount of $7, 545.62; and $214.45 in accrued interest through August 22, 2014, plus interest accruing from August 23, 2014 until the date of payment accruing at the rate of 0.0233%, compounded daily, for a total award to plaintiff NPF in the amount of $17, 256.04, plus interest; and it is further

ORDERED that default judgment be, and the same hereby is, entered against defendant in favor of plaintiff the Board of Trustees of the International Training Institute for the Sheet M and Air Conditioning Industry ("ITI") in the amounts of $24.97 in unpaid contributions; $4.99 in liquidated damages; late fees in the amount of $23.90; and $1.39 in accrued interest through August 22, 2014, plus interest accruing from August 23, 2014 until the date of payment accruing at the rate of 0.0233%, compounded daily, for a total award to plaintiff ITI in the amount of $55.25, plus interest;[1] and it is further

ORDERED that default judgment be, and the same hereby is, entered against defendant in favor of plaintiff the Sheet M Workers' International Association Scholarship Fund ("Scholarship Fund") in the amounts of $12.46 in unpaid contributions; $2.50 in liquidated damages;[2] late fees in the amount of $11.97; and $0.33 in accrued interest through August 22, 2014, plus interest accruing from August 23, 2014 until the date of payment accruing at the rate of 0.0233%, compounded daily, for a total award to plaintiff the Scholarship Fund in the amount of $27.26, plus interest; and it is further

ORDERED that default judgment be, and the same hereby is, entered against defendant in favor of plaintiff the Stabilization Agreement for the Sheet M Industry ("SASMI") in the amounts of $783.77 in unpaid contributions; $156.75 in liquidated damages; late fees in the amount of $830.31; and $30.00 in accrued interest through August 22, 2014, plus interest accruing from August 23, 2014 until the date of payment accruing at the rate of 0.0233%, compounded daily, for a total award to plaintiff SASMI in the amount of $1, 800.83, plus interest; and it is further

ORDERED that judgment be, and the same hereby is, entered against defendant N.W. Sign Industries, Inc., a/k/a N.W. Sign Ind., a/k/a N.W. Industries in favor of plaintiffs NPF, ITI, Scholarship Fund, and SASMI in the amount of $3, 355.37 in attorneys' fees and costs.

The Clerk is directed to enter judgment in accordance with this Order pursuant to Fed.R.Civ.P. 58 and to forward copies of this Order to all counsel of record and to:


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