govinfo:USCOURTS-insd-1_24-cv-02012-1

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”). PageID #:
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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. PageID #:
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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 PageID #:
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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) PageID #:
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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. PageID #:
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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). PageID #:
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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 effectuat ing 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). PageID #:
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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. PageID #:
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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 PageID #:
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