Trustees of the Electrical Workers Local 369 Benefit Fund and Trustees of the Electrical Workers Local 369 Retirement Fund v. AP Electric, Inc.

Summary

The United States District Court for the Western District of Kentucky adopted a magistrate judge’s findings and recommendation concerning damages in an ERISA-related action by electrical workers’ benefit and retirement funds against AP Electric, Inc. The court granted the amended motion for default judgment and directed that a separate judgment be entered, awarding the amounts recommended for the funds, attorney fees, and the filing fee.

Holdings

1. Plaintiffs' amended motion for default judgment was granted because AP Electric failed to appear, answer, or otherwise plead in the action.
2. The court adopted in full the magistrate judge's findings of fact, conclusions of law, and recommendation, awarding $36,077.02 to the 369 Benefit Fund, $37,882.85 to the 369 Retirement Fund, $8,132.00 in attorney fees, and $405.00 for the filing fee.

Questions Presented

1. Whether the plaintiffs were entitled to default judgment after AP Electric failed to appear, answer, or otherwise plead.
2. Whether the district court should adopt the magistrate judge's findings, conclusions, and recommendation regarding the amount of damages, attorney fees, and filing costs.

Disposition

other