Ironworkers St. Louis District Council Pension, Welfare, and Annuity Funds et al v. Ironworkers Local 577 et al

Filing 11

ORDER granting 10 Motion for Default Judgment. See Order for details. Signed by Judge David R. Herndon on 10/30/14. (klh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
IRONWORKERS ST. LOUIS DISTRICT COUNCIL
PENSION, WELFARE, AND ANNUITY FUNDS
and IRONWORKERS LOCALS 46, 392, and 577,
Plaintiffs,
vs.

No. 14-918-DRH

ROGER SELLE d/b/a R & S CONSTRUCTION,
Defendant.
ORDER
Now before the Court is plaintiffs’ amended motion for default judgment
and an accounting (Doc. 10). After reviewing the record, the Court finds that the
complaint has been filed and served upon defendant, ROGER SELLE d/b/a R & S
CONSTRUCTION and that defendant has failed to answer or otherwise plead
within the statutory time frame.

Thus, the Court GRANTS the motion and

AWARDS default judgment against defendant, ROGER SELLE d/b/a R & S
CONSTRUCTION as follows:
A.

That defendant, ROGER SELLE d/b/a R & S CONSTRUCTION, is

ordered to produce necessary records for a payroll examination for the period of
August 1, 2013, to current;
B.

That judgment be entered in favor of plaintiffs, IRONWORKERS ST.

LOUIS DISTRICT COUNCIL PENSION, WELFARE, AND ANNUITY FUNDS

and

IRONWORKERS LOCALS 46, 392, and 577, and against defendant, ROGER
SELLE d/b/a R & S CONSTRUCTION, for unpaid fringe benefit contributions for

the period from August 1, 2013 to current, as well as liquidated damages, interest
and audit costs as determined by the payroll examination;
C.

That defendant, ROGER SELLE d/b/a R & S CONSTRUCTION, be

ordered to pay $1,471.500 in reasonable attorney’s fees and costs to plaintiffs as
authorized by ERISA (29 U.S.C. §1132(g)(2)) and plaintiffs’ Trust Agreements.
D.

That plaintiffs are granted leave to file supplemental proofs for 1)

delinquent fringe benefit contributions, dues, and assessments identified by a
payroll examination; 2) liquidated damages and interest related to delinquent
fringe benefit contributions identified by a payroll examination; 3) costs incurred
for a payroll examination; and 4) attorney’s fees incurred subsequent to
September 30, 2014.
ENTERED this 30th day of October, 2014.

David R.
Herndon
2014.10.30
14:02:37 -05'00'

United States District Court