INDIANA CARPENTERS PENSION FUND et al v. SULLIVAN CONSTRUCTION, INC. et al

Filing 14

ORDER granting Plaintiff's 13 Motion for Default Judgment and Order to Produce Monthly Reporting Statements- SEE ENTRY. Signed by Judge Richard L. Young on 11/21/2017. (TMD)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
INDIANA CARPENTERS PENSION FUND
Mark McGriff, Board of Trustees Chairman,
and Doug Curts, Board of Trustees Secretary,
on behalf of,
INDIANA/KENTUCKY/OHIO REGIONAL
COUNCIL OF CARPENTERS DEFINED
CONTRIBUTION PENSION TRUST FUND
Mark McGriff, Board of Trustees Chairman,
and Greg Hauswald, Board of Trustees
Secretary on behalf,
INDIANA/KENTUCKY/OHIO REGIONAL
COUNCIL OF CARPENTERS WELFARE
FUND Mark McGriff, Board of Trustees CoChairman, William Nix, Board of Trustees CoChairman, on behalf,
INDIANA/KENTUCKY/OHIO REGIONAL
COUNCIL OF CARPENTERS JOINT
APPRENTICESHIP AND TRAINING FUND
Mark McGriff, Board of Trustees Chairman,
and Joe Coar, Board of Trustees Secretary, on
behalf of,
UNITED BROTHERHOOD OF
CARPENTERS APPRENTICESHIP
TRAINING FUND OF NORTH AMERICA
Douglas J. McCarron, Board of Trustees
Chairman, on behalf of,
INDIANA/KENTUCKY/OHIO REGIONAL
COUNCIL OF CARPENTERS,

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Plaintiffs,
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v.
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SULLIVAN CONSTRUCTION, INC. Clerk's )
Entry of Default entered 6/22/17,
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MEGAN SULLIVAN Clerk’s Entry of Default )
entered 6/22/17,
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Defendants.
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1

1:17-cv-01176-RLY-MPB

ORDER TO PRODUCE MONTHLY REPORTING STATEMENTS
On April 13, 2017, Plaintiffs, the Indiana Carpenters Pension Fund, the
Indiana/Kentucky/Ohio Regional Council of Carpenters Defined Contribution Pension
Trust Fund; Indiana/Kentucky/Ohio Regional Council of Carpenters Welfare Fund;
Indiana/Kentucky/Ohio Regional Council of Carpenters Joint Apprenticeship and
Training Fund; Union Brotherhood of Carpenters Apprenticeship Training Fund (“Trust
Funds”); and the Indiana/Kentucky/Ohio Regional Council of Carpenters (“Union”)
(collectively “Plaintiffs”), filed a four-count Complaint against Defendants, Sullivan
Construction, Inc., and Megan Sullivan, its Chief Executive Officer, under the Sections
502 and 515 of the Employee Retirement Income Security Act of 1974, as amended, 29
U.S.C. § 1001, et seq., 29 U.S.C. § 1132 and § 1145, and 29 U.S.C. § 185. The Trust
Funds allege Sullivan Construction failed to submit monthly reporting forms to them, and
failed to make contributions to them. The Union alleges, inter alia, that the Defendants
made certain payroll deductions from the Union employees’ payroll checks, but failed to
transmit those funds to the Union with accompanying monthly report forms to the
Union’s designated third party depository, in violation of the parties’ collective
bargaining agreement.
In the present Motion, 1 Plaintiffs seek an Order directing Defendants to produce
monthly reporting forms for the period May 1, 2016 through April 13, 2017 to them.

1

Plaintiffs’ Motion is entitled “Plaintiffs’ Motion to Court to Enter an Order and Default
Judgment Against Defendants.” They do not ask for default judgment yet; rather, they seek
Defendants’ monthly reporting forms from May 1, 2016 to April 13, 2017.

2

Defendants failed to respond. Having reviewed the Plaintiffs’ Motion (Filing No. 13),
the court finds it should be GRANTED.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that:
1.

Defendants, Sullivan Construction, Inc. and Megan Sullivan shall

produce the monthly reporting forms for the period of May 1, 2016 through April 13,
2017, to the Plaintiffs within thirty (30) days of the date of this Order.
2.

After the production and review of Defendants’ monthly reporting forms,

Plaintiffs shall file with the court and serve upon the Defendants an itemized statement of
all delinquent contributions, interest, liquidated damages, attorneys’ fees and costs, the
Plaintiffs claim they are owed by the Defendants.
3.

Defendants have fifteen (15) days from the date they receive Plaintiffs’

itemized statement to object to the itemized statement. If Defendants pose no objection,
the court will enter judgment in favor of the Plaintiffs and against Defendants in the
amount requested. In the event of an objection, the court will determine the need for a
further hearing; and,
4.

Such other relief this court shall deem proper against Defendants.

SO ORDERED this 21st day of November 2017.

Distributed Electronically to Registered Counsel of Record.
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