Dalsin et al v. Marianne's Roofing Company, LLC

Filing 20

ORDER ADOPTING REPORT AND RECOMMENDATIONS and granting 4 Plaintiffs' Motion for Preliminary Injunction, filed by Mark Conroy, National Roofing Industry Pension Fund, the, Roofers and Waterproofers Research and Education Joint Trust Fund, the, Chris Cronin, Kinsey Robinson, Roofers Local No. 96 Health and Welfare Fund, James Hadel, Robert Dalsin (Written Opinion). Signed by Chief Judge John R. Tunheim on 3/28/2018. (HAZ)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

MARK CONROY and ROBERT DALSIN, as
Trustees of the Roofers Local No. 96 Health
and Welfare Fund; CHRIS CRONIN and
JAMES HADEL, as Trustees of the Roofers
and Waterproofers Research and Education
Joint Trust Fund; and ROBERT DALSIN and
KINSEY ROBINSON, as Trustees of the
National Roofing Industry Pension Fund,

Case No. 18-cv-436 (JRT/SER)

Plaintiffs,
v.

ORDER

MARIANNE’S ROOFING COMPANY LLC,
a Wisconsin limited liability company,
separately and doing business as “W.J.
Woodruff Roofing Contractors,”
Defendant.

Thomas C. Atmore, LEONARD, O'BRIEN, SPENCER, GALE & SAYRE,
LTD, 100 South Fifth Street, Suite 2500, Minneapolis, MN 55402, for plaintiffs.
United States Magistrate Judge Steven E. Rau filed the Report and Recommendation on
March 15, 2018 [Docket No. 17]. No objections have been filed to that Report and
Recommendation in the time period permitted.
Based on the Report and Recommendation of the Magistrate Judge, and all of the files,
records and proceedings herein, the Court ADOPTS the Report and Recommendation of the
Magistrate Judge dated March 15, 2018 [Docket No. 17]. Accordingly, IT IS HEREBY
ORDERED that Plaintiffs’ Motion for Preliminary Injunction to Compel Compliance with

Audit [Docket No. 4] is GRANTED and that within three (3) days of this Order, Defendant
Marianne’s Roofing Company, LLC (“Marianne’s Roofing”) must:
1.

Send to the Plaintiffs’ Third Party Administrator complete and accurate fringe
benefit contribution reports for the months of September 2017 to the present;

2.

Deliver to Mr. James Wilson at Wilson-McShane all requested books and records
needed by the Third Party Administrator to complete a payroll audit of
Marianne’s Roofing; and

3.

Otherwise cooperate with the conduct of a payroll audit by Plaintiffs’ Third Party
Administrator, including immediately providing such other books and records or
information as the Third Party Administrator may require to complete the payroll
audit.

Pursuant to Rule 65(d)(2) of the Federal Rules of Civil Procedure, this Order binds
Marianne’s Roofing, its owner Marianne Krueger, and any other members, officers, or directors
of Marianne’s Roofing.

Dated: March 28, 2018
at Minneapolis, Minnesota.

s/John R. Tunheim
JOHN R. TUNHEIM
Chief Judge
United States District Court

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