Employers & Cement Masons #90 Health & Welfare Fund et al v. Edwards-Kamadulski, LLC

Filing 9

MEMORANDUM AND ORDER, granting 8 MOTION for Accounting filed by Employers & Cement Masons #90 Pension Fund, Employers & Cement Masons #90 Health & Welfare Fund. Signed by Judge J. Phil Gilbert on 2/8/2016. (jdh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
EMPLOYERS & CEMENT MASONS
#90 HEALTH & WELFARE FUND,
By and through its Board of Trustees,
and
EMPLOYERS & CEMENT MASONS
#90 PENSION FUND,
Plaintiffs,
vs.
EDWARDS-KAMADULSKI, LLC,
Defendant.

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

Case No. 15-cv-00179-JPG-SCW

MEMORANDUM AND ORDER
This matter comes before the court on the Plaintiffs’ Motion (Doc. 8) for Accounting.
Defendant did not file a response and the Court notes that Defendant Edwards-Kamadulski,
LLC, has been defaulted and the default notice served on the defendant on April 30, 2015.
Plaintiffs’ motion states that they are unable to determine the specific amounts due and
owing (other than attorney’s fees) in which to seek default judgment. Federal Rule of Civil
Procedure 55(b)(2)(B) provides that the Court, in order to effectuate judgment, may conduct a
hearing or make referrals to determine the amount of damages.
As such, Plaintiffs’ Motion (Doc. 8) for Accounting is GRANTED.

Defendant is

DIRECTED to provide the Plaintiffs, within 30 days of this order, remittance reports reflecting
hours worked by its employees for which fringe benefits contributions are owed, including but
not limited to, all necessary payroll and business records, and monthly contribution reporting
forms from August 1, 2014 to current.

Page 1 of 2

Further, Defendant is DIRECTED to permit the Plaintiffs to conduct an accounting for
contributions owed for the period August 1, 2014 through current.
IT IS SO ORDERED.
DATED: 2/8/2016
s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

Page 2 of 2