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Zettlemoyer v. Pittsburgh Glazing Systems

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


May 16, 2006

KERRY ZETTLEMOYER, ET AL. PLAINTIFFS
v.
PITTSBURGH GLAZING SYSTEMS, INC., ET AL., DEFENDANTS

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 16th day of May, 2006, upon consideration of the affidavit (Doc. 36) supporting the interest, liquidated damages, and attorney's fees requested in plaintiffs' motion for summary judgment, see 29 U.S.C. § 1132(g)(2) (awarding interest on unpaid contributions, liquidated damages, and reasonable attorney's fees and costs in an action by a fiduciary for or on behalf of a plan to enforce 29 U.S.C. § 1145), and it appearing that the affidavit sets forth the basis for the attorney's fees and costs requested, but that the affidavit does not set forth the total amount of interest or liquidated damages requested or the corresponding calculations of these amounts,*fn1 and that the affidavit contains conflicting information regarding the interest and liquidated damages rates,*fn2 and the court finding that the fees requested are reasonable in light of counsel's experience, the nature of the services counsel provided to plaintiffs in this case, and the rates charged by comparable counsel in the geographic area for such services, see In re Rite Aid Corp. Sec. Litig., 396 F.3d 294, 301-02, 305 (3d Cir. 2005); see also Interfaith Cmty. Org. v. Honeywell, 426 F.3d 694, 708 (3d Cir. 2005), and that the costs requested are reasonable, it is hereby ORDERED that:

1. Judgment is entered in favor of plaintiffs and against defendant Pittsburgh Glazing Systems, Inc. in the amount of $18,324.22, consisting of $18,153.12 in reasonable attorney's fees and $171.10 in reasonable costs. See 29 U.S.C. § 1132(g)(2)(D).

2. Counsel for plaintiffs shall file, on or before June 16, 2006, an affidavit providing the total amounts of interest and liquidated damages owed with their corresponding rates and supplemental documentation setting forth the corresponding calculations of the requested amounts.

a. The supplemental documentation shall provide detailed calculations of the interest and liquidated damages on the unpaid contributions for each applicable month.

b. Failure to provide the court with detailed calculations of the requested amounts shall result in the denial of the requested interest and/or liquidated damages.

3. Defendant Pittsburgh Glazing Systems, Inc. shall be permitted to file, on or before June 30, 2006, an appropriate response to plaintiffs' affidavit and supplemental documentation.

4. Plaintiffs shall be permitted to file, on or before July 14, 2006, a reply to any such response.

CHRISTOPHER C. CONNER United States District Judge


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