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BOURGAL v. LAKEWOOD HAULAGE INC.

July 23, 1993

MICHAEL BOURGAL and THEODORE KING as Trustees of LOCAL 282 INTERNATIONAL BROTHERHOOD OF TEAMSTERS, WELFARE, PENSION and ANNUITY TRUST FUNDS, Plaintiffs,
v.
LAKEWOOD HAULAGE INC. and FRANK LOGUIDICE, Defendants.



The opinion of the court was delivered by: I. LEO GLASSER

 GLASSER, United States District Judge:

 Plaintiffs Bourgal and King, in their roles as Trustees of Local 282 International Brotherhood of Teamsters Welfare, Pension and Annuity Trust Funds (the "Funds"), filed the complaint in this action on August 6, 1992. That complaint alleges that defendants Lakewood Haulage, Inc. ("Lakewood") and Frank Loguidice, *fn1" a Lakewood officer, failed to make various payments owed to the above funds as fringe benefit contributions and delinquency charges. Plaintiffs claim that defendants, in not making these payments, violated their collective bargaining agreement as well as the Employee Retirement Income Security Act of 1974 ("ERISA").

 On December 18, 1992, plaintiffs moved for an order: (1) granting summary judgment against Lakewood in the total amount of $ 52,680.12, with interest at 16% per annum on $ 28,157.79 from December 20, 1992; (2) severing the action as to Loguidice; (3) granting attorneys fees in the amount of 25% of the outstanding sums owed; and (4) finding defendants in contempt of court for violating a July 1992 order of Judge Amon in a related case. The parties entered into a Stipulation of Settlement on February 18, 1993, resolving all matters between them save for the issue of contempt and the amount of reasonable attorneys fees. That Stipulation, "So Ordered" by this court on February 22, 1993, provides in full as follows:

 
1. Defendant Lakewood Haulage Inc., pursuant to the Declaration of Trust which is incorporated by reference in its Collective Bargaining Agreement with Local 282 I.B. of T. is obligated to pay delinquency charges, inter alia, as follows with respect to unpaid fund contributions:
 
a) Interest at the rate of sixteen (16) per cent per annum,
 
b) Liquidated Damages at the rate of twenty (20) per cent.
 
2. Lakewood Haulage Inc. acknowledges that they are responsible for the attorneys fees incurred by Plaintiffs.
 
3. Based upon the above, for the months of June through November 1992, there is due and owing in principal contributions the sum of $ 39,005.85. In addition to this amount, and calculated in accordance with the terms of the Declaration of Trust, through December 20, 1992, there is due and owing interest in the sum of $ 1,413.77 and the sum of $ 7,801.16 in liquidated damages ($ 39,005.85 x 20%).
 
4. In addition, Defendant failed to pay, in a timely fashion, contributions for December 1991, January 1992 and April 1992 for which interest has been paid.
 
In this connection, pursuant to the terms of the Declaration of Trust, for the months of December 1991 and January 1992, there is due liquidated damages in the sum of $ 3,073.10 and for the month of April 1992 liquidated damages in the sum of $ 2,663.17.
 
5. That the sole issues remaining to be determined by this Court is the amount of attorneys fees to be included in the judgment and Plaintiffs request to punish for contempt.
 
6. That Defendant Lakewood Haulage Inc. consents to the entry of judgment in favor of Plaintiffs in the amount of $ 53,957.05, together with the reasonable attorneys fees as found by the Court, costs and disbursements.
 
7. That the question of the reasonable attorneys fees and the request to punish for contempt shall be decided by this Court on submission.
 
8. The parties agree, that pending the submission of the original of this stipulation, that a facsimile copy with facsimile ...

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