Bigham et al v. R&S Heating and Air Conditioning, Inc.

Filing 87

ORDER. 1. That the Plaintiffs' Motion for Entry of Judgment (Doc. No. 77 ) is GRANTED in its entirety. 2. That judgment in the amount of $2,058,871.10 is hereby entered against Defendant and in favor of Plaintiffs for delinquent contributions, liquidated damages, interest, and attorney fees and costs for the audit period of November 1, 2012 through April 30, 2014. (Written Opinion). Signed by Judge Donovan W. Frank on 4/21/2017. (BJS)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

James Bigham, John Quarnstrom, Robert
Vranicar, Jim Bowman, Mike McCauley,
and Matt Fairbanks as Trustees of the Sheet
Metal Local #10 Control Board Trust Fund,
and the Sheet Metal Local #10 Control
Board Trust Fund,

Civil No. 14-1357 (DWF/FLN)

Plaintiffs,
v.

ORDER

R & S Heating and Air Conditioning, Inc.,
Defendant.
The above-captioned matter came before this Court on the Plaintiffs’ Motion for
Entry of Judgment. Christy E. Lawrie of McGrann Shea Carnival Straughn & Lamb
appeared for and on behalf of the Plaintiffs. There was no appearance on behalf of the
Defendant. Based upon the arguments of counsel, the Memoranda submitted by the
parties and all other matters of record in this case,
FINDINGS OF FACT
1.

Defendant R & S Heating and Air Conditioning, Inc. is in default and the

Control Board is entitled to entry of judgment.
2.

Defendant R & S Heating and Air Conditioning, Inc. owes the Control

Board $1,282,875.40 for delinquent contributions, for the audit period of November 1,
2012 through April 30, 2014.

3.

Defendant R & S Heating and Air Conditioning, Inc. owes the Control

Board $283,536.18 for liquidated damages for the audit period of November 1, 2012
through April 30, 2014.
4.

Defendant R & S Heating and Air Conditioning, Inc. owes the Control

Board $243,539.80 for unpaid interest for the audit period of November 1, 2012 through
April 30, 2014.
5.

Defendant R & S Heating and Air Conditioning, Inc. owes the Control

Board $248,919.72 for attorney fees and costs incurred relating to the collection of
delinquent contributions for the audit period of November 1, 2012 through April 30,
2014.
IT IS HEREBY ORDERED:
1.

That the Plaintiffs’ Motion for Entry of Judgment (Doc. No. [77]) is

GRANTED in its entirety.
2.

That judgment in the amount of $2,058,871.10 is hereby entered against

Defendant and in favor of Plaintiffs for delinquent contributions, liquidated damages,
interest, and attorney fees and costs for the audit period of November 1, 2012 through
April 30, 2014.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: April 21, 2017

s/Donovan W. Frank
DONOVAN W. FRANK
United States District Judge

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