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UNITED STATES DISTRICT COURT 

 EASTERN DISTRICT OF MICHIGAN 

 SOUTHERN DIVISION 

Trustees of the 

OPERATING ENGINEERS LOCAL 

324 HEALTH CARE PLAN, et al., 

 Plaintiffs, 

 Case No. 15-cv-12498 

v. HON. GEORGE CARAM STEEH 

CRAWFORD PILE DRIVING, 

LLC, 

 Defendant. 

_____________________________/ 

ORDER GRANTING PLAINTIFFS’ MOTION TO AMEND 

JUDGMENT TO ADD ATTORNEYS’ FEES (Doc. 19) 

On May 10, 2019, this court entered a stipulated Consent Order and 

Judgment reopening this ERISA and LMRA suit brought by Plaintiffs Board 

of Trustees of Operating Engineers Local 324 Health Care Plan 

(“Plaintiffs”) for unpaid fringe benefit contributions and liquidated damages 

against Defendant employer Crawford Pile Driving, LLC. (Doc. 17). 

Judgment entered in the amount of $89,582.06 which included unpaid 

contributions, interest, liquidated damages and attorneys’ fees and costs 

through October 31, 2018. The stipulated Consent Order and Judgment 

granted Plaintiffs leave to file a motion for an Amended Judgment once the 

amount of attorneys’ fees from November 1, 2018 was determined. Now 
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before the court is Plaintiffs’ motion to amend the Judgment to add 

attorneys’ fees from November 1, 2018 through June 30, 2019 in the 

amount of $3,243.00. 

 The breakdown as to the amount of fees is as follows. Plaintiffs seek 

to recover for 15.9 hours worked by attorney Hope Calati at an hourly rate 

of $190 per hour for 7.1 hours of work, and 8.8 hours at $200 per hour for a 

total of $3,109.00. Plaintiff also seeks $134.00 for work performed by 

attorney Joseph Uhll for .8 hours of work at a rate of $180.00 per hour. 

Defendant does not dispute the hourly rate, but argues the attorneys’ fee 

award should be reduced by $982 because the hours billed are allegedly 

excessive or outside the scope of this lawsuit. The court has carefully 

reviewed the time records submitted and finds that they are reasonable and 

within the scope of this lawsuit. 

 Plaintiffs also seek the immediate right of execution of the amount set 

forth in the Amended Judgment. Defendant opposes this provision and 

argues there is no reason to deviate from the 30-day automatic stay under 

Federal Rule of Civil Procedure 62(a). But the stipulated consent order 

reopening this case and entry of judgment entered on May 10, 2019, 

specifically provided that, “Plaintiffs shall have full and immediate rights of 

execution thereon.” (Doc. 17 at PgID 113). Given this stipulation, the court 
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shall grant Plaintiffs the immediate right of execution of the Amended 

Judgment. Accordingly, 

 IT IS ORDERED that this court will enter an Amended Judgment 

against Defendant in the amount of $87,825.06, which represents the 

$89,582.06 previously ordered paid in the stipulated consent judgment, 

(Doc. 17), less that $5,000 paid by Defendant, plus attorneys’ fees and 

costs from November 1, 2018 through June 30, 2019 in the amount of 

$3,243. 

 Plaintiffs are GRANTED full and immediate rights of execution of the 

Amended Judgment. 

 IT IS SO ORDERED. 

Dated: August 8, 2019 

 s/George Caram Steeh 

 GEORGE CARAM STEEH 

 UNITED STATES DISTRICT JUDGE 

 

CERTIFICATE OF SERVICE 

Copies of this Order were served upon attorneys of record on 

August 8, 2019, by electronic and/or ordinary mail. 

s/Marcia Beauchemin 

Deputy Clerk