INDIANA/KENTUCKY/OHIO REGIONAL COUNCIL OF CARPENTERS PENSION FUND et al v. JC&C BUILDERS, LLC

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
INDIANA/KENTUCKY/OHIO REGIONAL
COUNCIL OF CARPENTERS PENSION
FUND, et al.,
)
)
)
)
Plaintiffs, 	)
)
v. 	) 	No. 1:24-cv-02012-JRO-MJD
)
JC&C BUILDERS, LLC 	)
)
Defendant. 	)
ORDER ENTERING DEFAULT JUDGMENT
Before 	the 	Court 	is 	Plaintiffs’1 	motion 	for 	default 	judgment 	against
Defendant JC&C Builders, LLC (“JC&C”). Dkt. [44]. For the reasons that follow,
and pursuant to Federal Rule of Civil Procedure 55, Plaintiffs’ motion for default
judgment, dkt. [44], is GRANTED, and Defendant is ordered to pay in the
aggregate the amount of $29,620.35.
I. BACKGROUND
Unless otherwise stated, the following facts are taken from the Complaint
and are accepted as true based on the Clerk’s entry of default. 	See Fed. R. Civ.
P. 55(b); Yang v. Hardin, 37 F.3d 282, 286 (7th Cir. 1994). The Court also finds
1 	References 	to 	“Plaintiffs” 	refer 	to 	the 	INDIANA/KENTUCKY/OHIO 	REGIONAL
COUNCIL 	OF 	CARPENTERS 	PENSION 	FUND, 	the 	INDIANA/KENTUCKY/OHIO
REGIONAL COUNCIL OF CARPENTERS DEFINED CONTRIBUTION PENSION FUND,
the INDIANA/KENTUCKY/OHIO REGIONAL COUNCIL OF CARPENTERS WELFARE
FUND, the INDIANA/KENTUCKY/OHIO REGIONAL COUNCIL OF CARPENTERS JOINT
APPRENTICESHIP AND TRAINING FUND (“collectively, the “Trust Funds”), and the
CENTRAL MIDWEST REGIONAL COUNCIL OF CARPENTERS (“Union”).
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the other facts summarized in this Order are true by a preponderance of the
evidence based on the uncontested evidence submitted by Plaintiffs.
Defendant JC&C is an Indiana limited liability company with its principal
place of business in Kouts, Indiana. 	JC&C agreed via a memorandum of
agreement (“MOA”) to be bound to the Union’s various collective bargaining
agreements (“CBA”). The agreements bound JC&C to the Trust Funds’ respective
Agreements 	and 	Declarations 	of 	Trust. 	JC&C 	is 	required 	under 	these
agreements “to make monthly reports of the number of hours worked by its
bargaining 	unit 	employees 	and 	pay 	contributions 	to 	the 	Trust 	Funds 	and
contributions and wage deductions to the Union at the negotiated rates on or
before the twentieth (20th) day following the month in which the work was
performed.” 	Dkt. 44 ¶ 8. 	Employers subject to these agreements who fail to
timely submit their monthly remittance reports and remit contributions to the
Trust Funds are responsible for the payment of liquidated damages, interest,
and attorneys’ fees and costs.
An audit conducted in the course of this litigation revealed that from July
21, 2023, to September 30, 2024, JC&C failed to report 271.5 hours worked by
covered employees to the Trust Funds. It now owes the Trust Funds $6,323.24
in unpaid contributions, $632.32 in liquidated damages, and $1,596.53 in
interest. 	Dkt. 44-2. 	Additionally, it owes the Union $619.93 in contributions
and wage deductions. 	Dkt. 44-1. 	Finally, JC&C is liable for the $20,448.33 in
attorneys’ fees and court costs expended in pursuing this action. 	Dkt. 44-3.
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Plaintiffs initiated this action to recover damages in the amount owed.
Plaintiffs represent that JC&C was properly served on November 26, 2024. Dkt.
9. 	On January 15, 2025, the Clerk of Court entered Default. 	Dkt. 12. 	Next,
Plaintiffs filed, and the Court granted a Motion for an Audit. Dkts. 13, 14. After
the audit was completed, Plaintiffs filed the present motion on April 24, 2026.
Dkt. 44. 	JC&C has never pleaded or otherwise responded, nor has counsel
appeared on its behalf.
II. LIABILITY
Federal Rule of Civil Procedure 55 sets forth a “two-step process” for
obtaining a default judgment. VLM Food Trading Int’l, Inc. v. Ill. Trading Co., 811
F.3d 247, 255 (7th Cir. 2016). First, the plaintiffs must seek an entry of default
from the Clerk. Fed. R. Civ. P. 55(a); see VLM Food, 811 F.3d at 255 (explaining
“[t]he basic effect of an entry of default is that upon default, the well-pleaded
allegations of a complaint relating to liability are taken as true” (cleaned up)).
Second, the moving party must seek entry of a default judgment against
the defaulting party. 	Fed. R. Civ. P. 55(b). 	The court may enter a default
judgment against a party who has failed to plead or otherwise defend itself. Fed.
R. Civ. P. 55(b)(2). 	The decision to grant or deny a default judgment is within
the court’s discretion. 	See Domanus v. Lewicki, 742 F.3d 290, 301 (7th Cir.
2014) 	(indicating 	a 	decision 	on 	default 	judgment 	is 	reviewed 	for 	abuse 	of
discretion).
As previously noted, the Clerk entered default against JC&C on January
15, 2025. 	Dkt. 12. 	That was step one under Rule 55. 	That entry of default
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“‘d[id] not of itself determine rights,’” but had the effect of establishing the facts
of Plaintiffs’ well-plead allegations relating to liability. 	VLM Food, 811 F.3d at
255 (quoting United States v. Borchardt, 470 F.2d 257, 260 (7th Cir.1972) and
citing Dundee Cement Co. v. Howard Pipe & Concrete Prods., Inc., 722 F.2d 1319,
1323 (7th Cir.1983)).
III. RELIEF
Unlike allegations as to JC&C’s liability, damages must be proved. Wehrs
v. Wells, 688 F.3d 886, 892 (7th Cir. 2012). 	A hearing is therefore required
unless “the amount claimed is liquidated or capable of ascertainment from
definite figures contained in the documentary evidence or in detailed affidavits.”
e360 Insight v. The Spamhaus Project, 500 F.3d 594, 602 (7th Cir. 2007). 	Here,
Plaintiffs seek unpaid contributions, liquidated damages, interest, and attorney
fees and costs. 	Dkt. 44 at 2. 	Their damages can be calculated from definite
figures in Plaintiffs’ evidence, so a hearing is unnecessary. See e360 Insight, 500
F.3d at 602. The Employee Retirement Income Security Act (“ERISA”) sets forth
the damages owed against defendants in civil enforcement matters. 	29 U.S.C.
§ 1132.
A. 	Unpaid Contributions
Under Section 1132(g)(2)(A), the Court shall award unpaid contributions
when entering judgment in favor of a plan. 	Plaintiffs request $6,323.24 in
contributions to be paid to the Trust Funds.2 	Dkt. 44 at 4. 	In support, they
2 In one place, Plaintiffs’ briefing states that the Trust Funds are owed $7,067.16 in
contributions but elsewhere claims only $6,323.24. Compare dkt. 44 at 3 with id. at 4.
The $7,067.16 figure is not supported by the accompanying evidence as Rule 55(b)(1)
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provided a declaration of Michelle Zimmerman, partner at L.M. Henderson &
Company, LLP (the company that audited JC&C). 	Dkt. 44-2. 	That declaration
explains that JC&C owes the Trust Funds $6,323.24 in contributions. 	Id. ¶ 4.
Attached to the declaration is a spreadsheet containing the “discrepancy detail”
with the breakdown of the total contributions owed. 	Id. at 4–5.
Plaintiffs also request $619.93 in contributions and wage deductions paid
to the Union. In support, they provided a declaration of Amanda Hall, employee
of the Trust Funds’ third-party administrator. 	Dkt. 44-1. 	The declaration
discusses the amount owed in contributions to the Union, $619.93. 	Id. at 3.
Attached to the declaration is an itemization of contributions and deductions
supporting the calculation of $619.93. 	Id. at 11.
These uncontested declarations and supporting spreadsheets are enough
to support Plaintiffs’ unpaid-contributions damages request. 	See e360 Insight,
500 F.3d at 602. The Trust Funds are therefore entitled to $6,323.24 in unpaid
contributions, and the Union is entitled to $619.93 in unpaid contributions and
wage deductions.
B. 	Interest
Section 1132(g)(2)(B) authorizes the Court to award interest on the unpaid
contributions. 	Plaintiffs request $1,596.53 in interest to be paid to the Trust
Funds. 	Dkt. 44 at 4. 	In support, they provided the Zimmerman declaration.
Dkt. 44-2. That declaration explains that JC&C owes the Trust Funds $1,596.53
requires. 	Fed. R. Civ. P. 55(b)(1). 	The Court accordingly proceeds with the $6,323.24
sum supported by declaration and evidence.
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in interest based on a 10% interest rate for each year or partial year where the
contribution was not paid. 	Id. ¶ 4; see also dkt. 44-1 at 8. 	Attached to the
declaration 	is 	a 	spreadsheet 	containing 	the 	“discrepancy 	detail” 	with 	the
breakdown of the total interest owed per year. 	Id. at 4–5.
This uncontested declaration and supporting spreadsheet are enough to
support Plaintiffs’ interest request. See e360 Insight, 500 F.3d at 602. They are
therefore entitled to $1,596.53 in interest.
C. 	Liquidated Damages
Per 	Section 	1132(g)(2)(C), 	in 	addition 	to 	interest 	on 	the 	unpaid
contributions, “the Court shall award . . . an amount equal to the greater of-- (i)
interest on the unpaid contributions, or (ii) liquidated damages provided for
under the plan in an amount not in excess of 20 percent” of the unpaid
contributions. 	In other words, the Trust Funds are entitled either interest and
liquidated damages or double interest. 	See Trs. of Chicago Plastering Inst.
Pension Tr. v. Cork Plastering Co., 570 F.3d 890, 898 (7th Cir. 2009).
Plaintiffs here claim liquidated damages in the amount of $632.32, which
is 10 percent of the Trust Funds’ unpaid contributions. 	Dkt. 44 at 4; see also
dkt. 44-1 at 6. 	This is supported by the Zimmerman declaration and the
spreadsheet accompanying it. Dkt. 44-2 ¶ 4; id. at 4. These statutory remedies
are mandatory. 	See Moriarity ex rel. Local Union No. 727 v. Svec, 429 F.3d 710,
720–21 (7th Cir. 2005).
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The Plaintiffs are accordingly entitled to $632.32 under clause (g)(2)(C).3
D. 	Attorneys’ Fees and Costs
Finally, Plaintiffs seek $20,448.33 in reasonable attorneys’ fees and costs
under 	Section 1132(g)(2)(D). 	Attorney fees awards are in the sound discretion
of the district court, but the Court “must demonstrate that it has considered the
proportionality of attorneys’ fees to the total damage award” and must explain
the hourly rate used. 	Moriarity, 429 F.3d at 717.
Plaintiffs’ request for attorneys’ fees and costs of $20,448.33 is supported
by the declaration of their counsel here, Adam Y. Decker. 	Dkt. 44-3. 	Attached
to his declaration is a detailed bill for his firms’ efforts on this matter between
August 8, 2024, and April 20, 2026. 	The bill captures 70.82 hours billed at
attorney hourly rates ranging from $240 to $345. 	Dkt. 44-3 at 3–29. 	It also
includes costs for research, the Court’s filing fee, and effectuating out-of-state
service of process. 	Id.
Plaintiffs have been litigating this case in federal court since November 14,
2024, almost eighteen months. They had to compel JC&C to submit to an audit,
3 Plaintiffs are certainly entitled to interest and liquidated damages pursuant to ERISA,
but they could have sought double interest instead. 29 U.S.C. § 1132(g)(2)(C). See also
UA Plumbers 63 & Steamfitters 353 Joint Pension Tr. Fund v. Jim Behm & Son Plumbing,
Inc., No. 1:24-CV-01116-JEH-RLH, 2025 WL 1894957, at *3 (C.D. Ill. July 8, 2025). The
statute permits “ERISA plans to choose between providing for liquidated damages and
providing for double interest 	. . . .” 	Operating Eng’rs Loc. 139 Health Benefit Fund v.
Gustafson Const. Corp., 258 F.3d 645, 654 (7th Cir. 2001). 	The Seventh Circuit
indicated plans would “naturally” choose whichever recovery was higher. 	Id. 	Here,
Plaintiffs made a different decision. 	“A default judgment must not differ in kind from,
or exceed in amount, what is demanded in the pleadings.” Fed. R. Civ. P. 54(c) (emphasis
added). So, the Court will award only what Plaintiffs have requested. See dkt. 1 at 6–7
(seeking relief of liquidated damages and interest).
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dkt. 14, get JC&C to comply with the audit through two show-cause hearings
threatening contempt of court, dkts. 17 & 20, and compel a non-party to comply
with a subpoena to produce Defendant’s tax records, dkt. 36.
The Court finds that attorneys’ fees sought here—while approximately
double the damages award—are proportional to the case. 	Notably, JC&C could
have avoided some of these costs by complying more promptly with Court orders,
especially 	regarding 	the 	Court-ordered 	audit. 	Where 	a 	defendant 	is 	more
litigious, responding attorneys may reasonably and proportionately bill for more
time. 	See Anderson v. AB Painting & Sandblasting Inc., 578 F.3d 542, 546 (7th
Cir. 2009) (“[E]ven though the fee request was more than seven times the amount
of damages, there may have been good cause” where the defendant failed to
cooperate with discovery requests, participate in settlement discussions, or obey
the court’s orders.)
As to the hourly rates used, other courts in this district have approved
similar rates. 	See Indiana/Kentucky/Ohio Reg'l Council of Carpenters Pension
Fund v. B Squared Constr. Serv., LLC, No. 1:24-CV-01848-JPH-TAB, 2025 WL
2969861, at *3 (S.D. Ind. Oct. 21, 2025) (citing Kirkpatrick v. Liberty Mut. Group,
Inc., No. 1:10-cv-1397, 2012 WL 2317063, at *3 (S.D. Ind. 2012)) (approving
attorney rates ranging from $240.00 to $335.00). 	The Court agrees that billing
attorney time at rates between $240 and $345 for ERISA actions is reasonable
for the market.
Accordingly, the Court finds the requested $20,448.33 in attorneys’ fees
and costs is reasonable and justified.
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IV. CONCLUSION
Plaintiffs’ motion for entry of default judgment, dkt. [44], is GRANTED.
Final judgment shall issue by separate entry. 	The Clerk is directed to file
judgment in favor of Plaintiffs and against Defendant. 	Defendant is ordered to
pay in the aggregate amount of $29,620.35, itemized as follows:
i. 	$6,323.24 in contributions owed to the Trust Funds;
ii. 	$619.93 in contributions/deductions owed to the Union;
iii. 	$1,596.53 in interest owed to the Trust Funds
iv. 	$632.32 in liquidated damages owed to the Trust Funds; and
v. 	$20,448.33 in reasonable attorneys’ fees and costs incurred by
Plaintiffs.
Final judgment shall issue by separate entry.
SO ORDERED.
Date: June 17, 2026
Distribution:
All ECF-registered counsel of record via email
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