UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

TRUSTEES OF THE LABORERS 

PENSION TRUST FUND-DETROIT 

& VICINITY, et al, 

 Case No. 14-cv-13030 

 Plaintiffs, Hon. Matthew F. Leitman 

v. 

JENKINS CONSTRUCTION, INC., 

et al,

 Defendants. 

 / 

CONSENT ORDER AMENDING 

JUDGMENT ENTERED AUGUST 26, 2016 

THIS MATTER having come before the Court upon Plaintiffs’ Motion to 

Amend Judgment [Docket No. 27] to add interest, costs and attorney fees, the parties 

having reached a resolution of that Motion pursuant to the terms set forth below, and 

this consent order having come before the Court upon the consent of the parties 

thereto, as evidenced by the below signatures of their counsel, and the Court having 

noted such consent and being otherwise more fully advised in the premises, 

NOW THEREFORE, 

IT IS HEREBY ORDERED AND ADJUDGED as follows: 

1. Plaintiffs’ Motion to Amend Judgment is hereby granted as provided 

herein. 

2:14-cv-13030-MFL-RSW Doc # 33 Filed 11/17/16 Pg 1 of 4 Pg ID 194
2 

2. The Consent Judgment entered in this proceeding on August 26, 2016 in 

the principal amount of $55,724.43 in favor of Plaintiffs and against Defendants 

Jenkins Construction, Inc. and Jenkins Enterprise, Inc., Alter Egos, Jointly and 

Severally (“Defendants”), is hereby amended to reflect unpaid fringe benefit 

contributions owed by Defendants in the amount of $50,409.10, for the period of 

January, 2009 through August, 2012, plus accrued liquidated damages of $5,315.33, 

for the same time period, plus $10,723.63 for interest assessed pursuant to 26 U.S.C. § 

6621, plus $10,723.63 for a second award of interest assessed pursuant to 26 U.S.C. § 

6621, plus attorney’s fees and costs in the amount of $6,775.00, less payments made 

by Defendants in the amount of $24,000.00, for a total Amended Judgment of 

$59,946.69 (the “Judgment Indebtedness”) in favor of Plaintiffs and against 

Defendants, jointly and severally, and Plaintiffs shall have full rights of execution 

thereon. 

3. Post-judgment interest will accrue on the Judgment Indebtedness as 

provided for in 28 U.S.C. § 1961 from the date of entry of this Amended Judgment, 

and Plaintiffs shall have execution thereon. 

4. Defendants shall permit Plaintiffs to conduct an immediate audit of their 

payroll books and related records for the time period beginning September, 2012 

through to the date of audit, as has been requested by Plaintiffs in accordance with 

applicable provisions of the subject collective bargaining agreement, and Defendants 

shall produce all of the requested payroll books and records and other related records 

2:14-cv-13030-MFL-RSW Doc # 33 Filed 11/17/16 Pg 2 of 4 Pg ID 195
3 

within fourteen (14) days of entry hereof to auditors for Plaintiffs, Stefansky, 

Holloway & Nichols, so as to allow Plaintiffs’ auditors to complete its review of said 

records for the purposes of completing an updated audit through the time period 

requested herein. The production of the requested records shall include, in addition to 

the payroll books and records of the Defendants, the payroll records of a non-party 

entity known as Constructive Services, LLC, as well as other related books and 

records as may be requested by Plaintiffs’ auditors. 

5. Plaintiffs are granted leave of this Court to file a motion to amend this 

Amended Judgment from time-to-time to add and otherwise reflect additional 

amounts owed based on any audit conducted by Plaintiffs and/or any unfunded fringe 

benefit contributions reports submitted by Defendants, including all unpaid fringe 

benefit contributions and related liquidated damages, interest, costs and attorney’s 

fees. Said motion to amend shall be accompanied by an affidavit of Plaintiffs’ counsel 

setting out all amounts determined to be due pursuant to any such audit or unfunded 

reports, as the case may be. 

 s/Matthew F. Leitman 

 MATTHEW F. LEITMAN 

 UNITED STATES DISTRICT JUDGE 

Dated: November 17, 2016 

 

2:14-cv-13030-MFL-RSW Doc # 33 Filed 11/17/16 Pg 3 of 4 Pg ID 196
4 

APPROVED FOR ENTRY: 

ERMAN, TEICHER, 

ZUCKER & FREEDMAN, P.C. JAMES W. McGINNIS, PC 

 /s/ Dianne S. Ruhlandt /s/ James W. McGinnis (by consent) 

DIANNE S. RUHLANDT (P60483) JAMES W. McGINNIS (P29323) 

Attorneys for Plaintiffs Attorney for Defendants 

400 Galleria Officentre, Ste. 444 985 East Jefferson Ave., Ste. 100 

Southfield, MI 48034 Detroit, MI 48207 

(248) 827-4100 (313) 446-9582 

druhlandt@ermanteicher.com d19a792@sbcglobal.net

 

2:14-cv-13030-MFL-RSW Doc # 33 Filed 11/17/16 Pg 4 of 4 Pg ID 197