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Kinsinger v. Smartcore, LLC

United States District Court, W.D. North Carolina, Charlotte Division

August 26, 2019

ERIC KINSINGER and DENISE KINSINGER, Plaintiffs,
v.
SMARTCORE, LLC; SMARTCORE ELECTRIC, LLC; SMARTCORE ELECTRICAL SERVICES; SMARTCORE, LLC GROUP HEALTH, BENEFIT PLAN; STEVEN MATTHEW GOOD and WILLIAM H. WINN JR., Defendants.

          JUDGMENT

          FRANK D. WHITNEY CHIEF UNITED STATES DISTRICT JUDGE

         Following a bench trial held on June 4, 2019 before the undersigned, the Court enters its Judgment in this case as follows:

         Count I:

         1. Judgment is entered in favor of Plaintiff Eric Kinsinger on Count I of the Amended Complaint, (Doc. No. 33), for wages in the amount of $6, 250. This judgment is doubled under N.C. Gen. Stat. §95-25.22 to $12, 500.

         2. Plaintiff Eric Kinsinger is entitled to pre-judgment interest under N.C. Gen. Stat. § 95-25.22(d) at the North Carolina interest rate specified in N.C. Gen. Stat. § 24-1 of eight percent. Interest will accrue separately for each paycheck during the period of nonpayment from the date each paycheck would have been paid. See N.C. Gen. Stat. §95-25.22(a).

         3. Plaintiff Eric Kinsinger is entitled to post-judgment interest under North Carolina law.

         4. This judgment for Plaintiff Eric Kinsinger on Count I is imposed jointly and severally against all Defendants.

         Count II:

         5. Judgment is entered in favor of Plaintiff Eric Kinsinger on Count II of the Amended Complaint for breach of contract. However, because this claim was plead in the alternative to Count I, the Court finds that this claim is moot.

         Count III:

         6. Judgment is entered in favor of Plaintiffs on Count III of the Amended Complaint, in accordance with the terms of the consent judgment signed by all parties on June 4, 2019. (Doc. No. 116).

         7. All Defendants are jointly and severally liable to Plaintiffs for prejudgment interest on this claim at a rate of eight percent, with pre-judgment interest accruing from February 17, 2016 through the date of the Consent Judgment, June 4, 2019 Count IV:

         8. Judgment is entered in favor of Plaintiffs, on behalf of the Plan, on Count IV of the Amended Complaint for breach of fiduciary duty under 29 U.S.C. § 1132(a)(2). Defendants SmartCore, Good, and Winn are jointly and severally liable to Plan participants for breach of fiduciary duty.

         9. Defendants SmartCore, Good, and Winn are hereby ordered to make restitution to Plan participants and/or beneficiaries in accordance with the Consent Judgment and Order entered in the related action, Acosta v. Good, et al, ...


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