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UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

TRUSTEES OF MICHIGAN REGIONAL 

COUNCIL OF CARPENTERS’ EMPLOYEE 

BENEFITS FUND, et al. 

 Plaintiffs, Case No. 15-cv-10260 

 Hon. Matthew F. Leitman 

v. 

PRATER COMMERCIAL GROUP, 

INCORPORATED, et al., 

 Defendants. 

__________________________________________________________________/ 

AMENDED ORDER FOR DEFAULT JUDGMENT 

THIS MATTER CAME before the Court on Plaintiffs' Motion for the Entry 

of a Default Judgment. The Court, being fully advised in the premises, finds that: 

1. The Summons and Complaint were served on Defendants Prater 

Commercial Group, Inc. d/b/a Prater Commercial Carpentry (“Prater”) and Rodney 

Prater on January 28, 2015. The proofs of service are on file with the Court (Dkt. 

5 & 6). 

2. Defendants did not file an answer or take any other action to defend 

themselves within 21 days following the service of process. 

3. Defendants are not infants or incompetent persons. 

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4. A Clerk’s Entry of Default was entered against Defendants Prater and 

Rodney Prater on February 20, 2015 (Dkt. 8). 

5. Default Judgment was entered against Defendants Prater and Rodney 

Prater on March 19, 2015 (Dkt. 10). 

ACCORDINGLY, IT IS ORDERED that Plaintiffs shall have judgment 

against Defendants Prater and Rodney Prater, pursuant to 29 U.S.C. 1132(g)(2) in 

the amount of $237,739.01, consisting of $236,777.51 for unpaid fringe benefit 

contributions together with liquidated damages thereon, accumulated interest, court 

costs of $471.50, and attorneys fees of $490.00. Additionally, Plaintiffs shall, 

upon filing a copy of the auditor’s report and the appropriate affidavit(s) of a 

person (or persons) with knowledge, have amended judgment against the 

Defendants for all contribution amounts as are found to be due upon an updated 

audit, as well as interest thereon, at the rate of 12% per annum from the due date of 

the paid contributions, liquidated damages at the rate of 10% of all delinquent 

amounts pursuant to Plaintiffs’ resolutions, policies and procedures, and the 

provisions of the parties’ collective bargaining agreement, as well as costs of the 

audit and statutory attorneys fees, all pursuant to 29 U.S.C. 1132(g)(2). 

IT IS FURTHER ORDERED that Defendants, within 30 days of the date 

of this Order, shall submit their books and records, as requested by the auditor. 

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IT IS FURTHER ORDERED that if Defendants fail to submit the 

aforesaid books and records within said time period, the U.S. Marshals, or such 

other authorized representative of this Court, is hereby authorized to seize same 

and deliver them to Plaintiffs. 

IT IS FURTHER ORDERED that this Honorable Court shall retain 

jurisdiction of this matter pending satisfaction of this judgment and/or compliance 

with any additional orders. 

IT IS SO ORDERED. 

 /s/Matthew F. Leitman 

 MATTHEW F. LEITMAN 

 UNITED STATES DISTRICT JUDGE 

Dated: May 12, 2015 

I hereby certify that a copy of the foregoing document was served upon the parties 

and/or counsel of record on May 12, 2015, by electronic means and/or ordinary 

mail. 

 s/Holly A. Monda 

 Case Manager 

 (313) 234-5113 

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