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Zettlemoyer v. Pittsburgh Glazing Systems

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


July 6, 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 6th day of July, 2006, upon consideration of the affidavit and exhibits (Doc. 38) supporting the interest and liquidated damages requested in plaintiffs' motion for summary judgment, see 29 U.S.C. § 1132(g)(2) (awarding interest on unpaid contributions and liquidated damages in an action by a fiduciary for or on behalf of a plan to enforce 29 U.S.C. § 1145), and it appearing that defendant Pittsburgh Glazing Systems, Inc. has not filed an opposition to the requested amounts as of the date of this order,*fn1 it is hereby ORDERED that:

1. Judgment is entered in favor of plaintiffs and against defendant Pittsburgh Glazing Systems, Inc. in the amount of $8,454.06, consisting of $3,971.36 in interest and $4,482.70 in liquidated damages. See 29 U.S.C. § 1132(g)(2)(D). These amounts are allocated as follows:

a. Iron Workers Local Union No. 404 Annuity Fund is owed $720.39 in interest and $1,630.30 in liquidated damages.

b. Iron Workers District Council (Philadelphia and Vicinity) Pension and Health & Welfare Fund is owed $3,250.97 in interest and $2,852.40 in liquidated damages.

2. The Clerk of Court is directed to CLOSE this case.

CHRISTOPHER C. CONNER United States District Judge


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