United States District Court, Southern District of New York
August 25, 2003
OPERATIVE PLASTERERS' AND CEMENT MASONS' INTERNATIONAL, LOCAL 530 WELFARE AND INSURANCE FUND, ET AL., PLAINTIFF(S),
SUPERIOR WALL SYSTEMS, DEFENDANT(S)
The opinion of the court was delivered by: Laura Taylor Swain, District Judge
Plaintiffs having moved for a default judgment in this case, Defendant having failed to respond in any way to the Complaint or to said motion, and Plaintiff having informed the Court by letter dated May 14, 2003, that the Chapter 13 bankruptcy proceeding of Defendant's principal has been dismissed, it is hereby
ORDERED, that the Court's May 9, 2003 Order placing this case on the suspense calendar pending developments in the bankruptcy proceeding is hereby terminated; and further
ORDERED, that Plaintiff's motion for a default judgment is hereby granted insofar as it seeks the recovery of amounts owing for employee benefit contributions and union dues for May and June 2001, related liquidated damages, coss and disbursements, totaling $17,920.20, and insofar as it seeks an order requiring Superior Wall Systems to permit Plaintiffs immediate access to its books and records for the purposes of a fund audit and to cooperate with Plaintiffs in the performance of the audit; and further
ORDERED, that Plaintiff's motion for a default judgment is hereby denied and the Complaint is dismissed without prejudice to the extent it seeks a prospective permanent injunction requiring the payment of future fund contributions and union dues; and further [ Page 2]
ORDERED, that the Clerk of Court shall enter final judgment and close this case.
© 1992-2003 VersusLaw Inc.