DEFAULT JUDGMENT - ORDERED AND ADJUDGED that default judgment is entered in favor of plaintiffs and against defendant; that plaintiffs are awarded damages in the amount of: (1) $71,009.97 in withdrawal liability pursuant to 29 U.S.C. § 1132(g)(2)(A) and 29 U.S.C. § 1381 et seq., (2) $8,654.34 in interest through October 1, 2011 pursuant to 29 U.S.C. § 1132(g)(2)(B), (3) $7,100.99 in liquidated damages pursuant to 29 U.S.C. § 1132(g)(2)(C), and (4) $6,415.50 in legal fees and $350 in costs pursuant to 29 U.S.C. § 1132(g)(2)(D), for a total award of $93,530.80; and that this case is hereby closed. Signed by Catherine Vukovich, Deputy Clerk, on 12/9/11. (Coleman, Laurie) (Entered: 12/13/2011)
ORDER - It is hereby: ORDERED that Judge Walls 15 Report and Recommendation is adopted in its entirety, and it is further ORDERED that the Clerk of the Court is directed to enter a default judgment against the defendants in the amount recommended by Judge Wall; and it is further ORDERED that the Clerk of the Court is respectfully directed to close this case. Ordered by Senior Judge Arthur D. Spatt on 12/6/11. Terminating 8 Motion for Default Judgment as granted. (Coleman, Laurie) (Entered: 12/08/2011)
AFFIDAVIT of Service for Magistrate Judge William D. Wall's Report and Recommendation and an additional courtesy copy of Plaintiff's default documents served on Mt. Rose Ravioli & Macaroni Co. c/o Mr. Santo Minuto on November 10, 2011, filed by Bakery and Confectionery Union and Industry International Pension Fund, Board of Trustees of the Bakery and Confectionery Union and Industry International Pension Fund. (Feldman, Elise) (Entered: 11/14/2011)
REPORT AND RECOMMENDATIONS re 8 Notice of MOTION for Default Judgment as to Default Judgment Against Defendant filed by Board of Trustees of the Bakery and Confectionery Union and Industry International Pension Fund, Bakery and Confectionery Union and Industry International Pension Fund, recommending the award of the amounts sought. See attached. Plaintiffs shall serve a copy of the R&R upon the defendant upon receipt. Ordered by Magistrate Judge William D. Wall on 11/10/2011. (Hepworth, F.) (Entered: 11/10/2011)
AFFIDAVIT of Service for Affidavit of Steven D. Brock with Exhibits, Affidavit of Patricia McConnell with Exhibits, Plaintiffs' Request for Default Certificate, Plaintiffs' Notice of Motion for Default Judgment Against Defendant, Affidavit in Support of Application for Clerk's Certificate of Default with Exhibit, Affidavit of Support of Motion for Default Judgment Against Defendant with Exhibits, Affidavit of Service of Default Documents, Order Referring Default to Judge Wall and Judge Wall's Order served on Mt. Rose Ravioli & Macaroni, Co. on October 18, 2011, filed by Bakery and Confectionery Union and Industry International Pension Fund, Board of Trustees of the Bakery and Confectionery Union and Industry International Pension Fund. (McConnell, Patricia) (Entered: 10/18/2011)
Affidavit in Support of a Default Judgment, Supplemental Default Documents Pursuant to September 26, 2011 Order by Bakery and Confectionery Union and Industry International Pension Fund, Board of Trustees of the Bakery and Confectionery Union and Industry International Pension Fund. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (McConnell, Patricia) Modified on 10/19/2011 (Talbott, Thomas). (Entered: 10/17/2011)
Affidavit in Support of Plaintiff's Application for Attorney's Fees Costs and Interest, Supplemental Default Documents Pursuant to September 26, 2011 Order by Bakery and Confectionery Union and Industry International Pension Fund, Board of Trustees of the Bakery and Confectionery Union and Industry International Pension Fund. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (McConnell, Patricia) Modified on 10/19/2011 (Talbott, Thomas). (Entered: 10/17/2011)
PRETRIAL ORDER re 10 Order on Motion for Default Judgment, Order Referring Motion. See attached for dates for filing additional papers or informing the court of reliance on current papers and service requirements. Ordered by Magistrate Judge William D. Wall on 9/26/2011. (Hepworth, F.) (Entered: 09/26/2011)
REFERRAL ORDER - The Court hereby enters a default judgment against Mt. Rose Ravioli & Macaroni Co., Inc. Relief pursuant to this judgment is to be determined by United States Magistrate Judge William D. Wall following an inquest as to damages, appropriate injunctive relief, appropriate attorneys fees, and costs. The Court respectfully refers this matter to Judge Wall. The Clerk of the Court is directed to note the referral of this matter. Signed by Senior Judge Arthur D. Spatt on 9/21/11. Motion 8 referred to William D. Wall. (Coleman, Laurie) (Entered: 09/21/2011)
AFFIDAVIT of Service for Plaintiffs' Notice of Motion for Default Judgment against Defendant and Affidavit in Support of Motion for Default Judgment against Defendant served on Mt. Rose Ravioli & Macaroni Co., Inc. on July 1, 2011, filed by Bakery and Confectionery Union and Industry International Pension Fund, Board of Trustees of the Bakery and Confectionery Union and Industry International Pension Fund. (McConnell, Patricia) (Entered: 07/05/2011)
Notice of MOTION for Default Judgment as to Default Judgment Against Defendant by Bakery and Confectionery Union and Industry International Pension Fund, Board of Trustees of the Bakery and Confectionery Union and Industry International Pension Fund. (Attachments: # 1 Affidavit in Support of Motion for Default Judgment Against Defendant, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C) (McConnell, Patricia) (Entered: 07/05/2011)
CERTIFICATE OF DEFAULT - The default of defendant, Mt. Rose Ravioli & Macaroni Co., Inc., is hereby noted. Signed by Keith A. Jones, Deputy Clerk, on 5/26/10. C/M to all parties. Motions terminated: 6 MOTION for Default Judgment. (Coleman, Laurie) (Entered: 05/27/2010)
MOTION for Default Judgment as to Mt. Rose Ravioli & Macaroni Co., Inc. by Bakery and Confectionery Union and Industry International Pension Fund, Board of Trustees of the Bakery and Confectionery Union and Industry International Pension Fund. (Attachments: # 1 Affidavit in Support of Application for Clerk's Certificate of Default, # 2 Proposed Certificate of Default) (McConnell, Patricia) (Entered: 05/26/2010)
Letter to Magistrate Judge William D. Wall by Bakery and Confectionery Union and Industry International Pension Fund, Board of Trustees of the Bakery and Confectionery Union and Industry International Pension Fund (McConnell, Patricia) (Entered: 05/21/2010)
Request for Status Report. Status Report due by 5/24/2010. So Ordered by U.S. Magistrate Judge William D. Wall, 5/13/10. (Talbott, Thomas) (Entered: 05/13/2010)
SUMMONS Returned Executed by Board of Trustees of the Bakery and Confectionery Union and Industry International Pension Fund, Bakery and Confectionery Union and Industry International Pension Fund. Mt. Rose Ravioli & Macaroni Co., Inc. served on 8/31/2009, answer due 9/21/2009. (McConnell, Patricia) (Entered: 09/14/2009)
DISCLOSURE of Interested Parties by Bakery and Confectionery Union and Industry International Pension Fund, Board of Trustees of the Bakery and Confectionery Union and Industry International Pension Fund. (McConnell, Patricia) (Entered: 07/29/2009)
COMPLAINT (rec. #4653003117) against Mt. Rose Ravioli & Macaroni Co., Inc. Disclosure Statement on Civil Cover Sheet completed -No,, filed by Board of Trustees of the Bakery and Confectionery Union and Industry International Pension Fund, Bakery and Confectionery Union and Industry International Pension Fund. (Attachments: # 1 Civil Cover Sheet) (Rodecker, John) (Entered: 07/21/2009)
Motions terminated, docketed incorrectly: 12 MOTION for Default Judgment. It is Supplemental Default Documents Pursuant to September 26, 2011 Order, entitled Affidavit in Support of Plaintiff's Application for Attorney's Fees Costs and Interest, filed by Board of Trustees of the Bakery and Confectionery Union and Industry International Pension Fund, Bakery and Confectionery Union and Industry International Pension Fund. (Talbott, Thomas)
Motions terminated, docketed incorrectly: 13 MOTION for Default Judgment as to Supplemental Default Documents Pursuant to September 26, 2011 Order filed by Board of Trustees of the Bakery and Confectionery Union and Industry International Pension Fund, Bakery and Confectionery Union and Industry International Pension Fund. (Talbott, Thomas)
ORDER - It is hereby: ORDERED that Judge Walls 15 Report and Recommendation is adopted in its entirety, and it is further ORDERED that the Clerk of the Court is directed to enter a default judgment against the defendants in the amount recommended by Judge Wall; and it is further ORDERED that the Clerk of the Court is respectfully directed to close this case. Ordered by Senior Judge Arthur D. Spatt on 12/6/11. Terminating 8 Motion for Default Judgment as granted. (Coleman, Laurie)
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